PENALTIES FOR NON-COMPLIANCE

Civil and criminal sanctions can be applied to both the individual and/or the institution.
For example, Dr. John Reece Roth of was a university professor who was prosecuted for ITAR violations in 2011-12, the university was not officially sanctioned.

The University of Massachusetts at Lowell was fined $100,000 by BIS for shipping EAR99 items (no license required for shipment to non-sanctioned countries/persons/organizations) to an organization on the Specially Designated Nationals List in Pakistan.

Agency penalties may overlap (i.e. BIS, OFAC and DDTC can penalize for different parts of a single incident).

Department of State (ITAR)

• Criminal:  $1,000,000+ per violation or up to 20 years in prison. Debarment.
• Civil: seizure and forfeiture of articles, revocation of exporting privileges, fines of $1,000,000  per violation. Debarment.

Department of Commerce (EAR)

• Criminal: up to $1,000,000 or five times the value of the export, whichever is greater, per violation and up to 20 years in prison.
• Administrative: loss of export privileges; fines:  the greater of $250,000 per violation or twice the amount of the transaction that is the basis of the violation.

Department of Treasury (OFAC)

• Criminal: up to $1,000,000/violation; up to 20 years in prison.
• Civil: up to $55,000 (depending on applicable law) per violation.