§ 127.10 Civil penalty.

(a)(1) The Assistant Secretary of State for Political-Military Affairs is authorized to impose a civil penalty, as follows:

(i) For each violation of 22 U.S.C. 2778, an amount not to exceed the greater of $1,271,078 or the amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed;

(ii) For each violation of 22 U.S.C. 2779a, an amount not to exceed $1,055.721, or five times the amount of the prohibited incentive payment, whichever is greater; and

(iii) For each violation of 22 U.S.C. 2780, an amount not to exceed $1,256,607.

(2) The civil penalty may be either in addition to, or in lieu of, any other liability or penalty which may be imposed.

(b) The Directorate of Defense Trade Controls may make:

(1) The payment of a civil penalty under this section or

(2) The completion of any administrative action pursuant to this part 127 or 128 of this subchapter a prior condition for the issuance, restoration, or continuing validity of any export license or other approval.

[58 FR 39316, July 22, 1993, as amended at 62 FR 67276, Dec. 24, 1997; 71 FR 20550, Apr. 21, 2006; 77 FR 16642, Mar. 21, 2012; 81 FR 36793, June 8, 2016; 82 FR 3170, Jan. 11, 2017; 83 FR 237, Jan. 3, 2018; 83 FR 2738, Jan. 19, 2018; 84 FR 9959, Mar. 19, 2019; 85 FR 2022, Jan. 14, 2020; 86 FR 7807, Feb. 2, 2021; 87 FR 1074, Jan. 10, 2022; 88 FR 1507, Jan. 11, 2023; 89 FR 702, Jan. 5, 2024; 90 FR 1868, Jan. 10, 2025]