50 U.S.C. § 4315 — Offenses; punishment; forfeitures of prop-

Page 1079 TITLE 50—WAR AND NATIONAL DEFENSE § 4315 In text, ‘‘section 60105 of title 46, and sections’’ sub- stituted for ‘‘sections forty-one hundred and ninety- seven,’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping. Executive Documents TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of cus- toms, surveyor of customs, and appraiser of merchan- dise in Bureau of Customs of Department of the Treas- ury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than Dec. 31, 1966, and functions vested by statute in of- ficers, agencies, or employees of the Bureau of Customs of the Department of the Treasury transferred to the Secretary of the Treasury by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. § 4314. False manifest; refusal of clearance; re- ports of gold or silver coin in cargoes for ex- port During the present war, whenever there is rea- sonable cause to believe that the manifest or the additional statements under oath required by section 4313 of this title are false or that any vessel, domestic or foreign, is about to carry out of the United States any property to or for the account or benefit of an enemy, or ally of enemy, or any property or person whose export, taking out, or transport will be in violation of law, the collector of customs for the district in which such vessel is located is authorized and empowered subject to review by the President to refuse clearance to any such vessel, domestic or foreign, for which clearance is required by law, and by formal notice served upon the owners, master, or person or persons in command or charge of any domestic vessel for which clear- ance is not required by law, to forbid the depar- ture of such vessel from the port, and it shall thereupon be unlawful for such vessel to depart. The collector of customs shall, during the present war, in each case report to the President the amount of gold or silver coin or bullion or other moneys of the United States contained in any cargo intended for export. Such report shall include the names and addresses of the con- signors and consignees, together with any facts known to the collector with reference to such shipment and particularly those which may in- dicate that such gold or silver coin or bullion or moneys of the United States may be intended for delivery or may be delivered, directly or in- directly, to an enemy or an ally of enemy. (Oct. 6, 1917, ch. 106, § 14, 40 Stat. 424.) Editorial Notes CODIFICATION Section was formerly classified to section 14 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Executive Documents TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of cus- toms, surveyor of customs, and appraiser of merchan- dise in Bureau of Customs of Department of the Treas- ury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than Dec. 31, 1966, and functions vested by statute in of- ficers, agencies, or employees of the Bureau of Customs of the Department of the Treasury transferred to the Secretary of the Treasury by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. § 4315. Offenses; punishment; forfeitures of prop- erty (a) Criminal liability Whoever shall willfully violate any of the pro- visions of this chapter or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President issued in com- pliance with the provisions of the chapter shall, upon conviction, be fined not more than $1,000,000, or if a natural person, be imprisoned for not more than 20 years, or both. (b) Civil liability; hearing; judicial review (1) A civil penalty of not to exceed $50,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the pro- visions of this chapter. (2) Any property, funds, securities, papers, or other articles or documents, or any vessel, to- gether with its tackle, apparel, furniture, and equipment, that is the subject of a violation under paragraph (1) shall, at the direction of the Secretary of the Treasury, be forfeited to the United States Government. (3) The penalties provided under this sub- section may be imposed only on the record after opportunity for an agency hearing in accordance with sections 554 through 557 of title 5, with the right to prehearing discovery. (4) Judicial review of any penalty imposed under this subsection may be had to the extent provided in section 702 of title 5. (c) Forfeiture Upon conviction, any property, funds, securi- ties, papers, or other articles or documents, or any vessel, together with tackle, apparel, fur- niture, and equipment, concerned in any viola- tion of subsection (a) may be forfeited to the United States. (d) Statute of limitations (1) Time for commencing proceedings (A) In general An action, suit, or proceeding for the en- forcement of any civil fine, penalty, or for- feiture, pecuniary or otherwise, under this section shall not be entertained unless com- menced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) Commencement For purposes of this paragraph, the com- mencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) Time for indictment No person shall be prosecuted, tried, or pun- ished for any offense under subsection (a) un- Page 1080 TITLE 50—WAR AND NATIONAL DEFENSE § 4316 less the indictment is found or the informa- tion is instituted within 10 years after the lat- est date of the violation upon which the in- dictment or information is based. (Oct. 6, 1917, ch. 106, § 16, 40 Stat. 425; Pub. L. 95–223, title I, § 103(a), Dec. 28, 1977, 91 Stat. 1626; Pub. L. 102–393, title VI, § 628, Oct. 6, 1992, 106 Stat. 1772; Pub. L. 102–484, div. A, title XVII, § 1710(c), Oct. 23, 1992, 106 Stat. 2580; Pub. L. 104–114, title I, § 102(d), Mar. 12, 1996, 110 Stat. 792; Pub. L. 111–195, title I, § 107(a)(4), July 1, 2010, 124 Stat. 1337; Pub. L. 118–50, div. E, title I, § 3111(b), Apr. 24, 2024, 138 Stat. 939.) Editorial Notes REFERENCES IN TEXT ‘‘This chapter’’ and ‘‘the chapter’’, referred to in sub- secs. (a) and (b)(1), were in the original ‘‘this Act’’ and ‘‘the Act’’, respectively, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 4301 of this title and Tables. CODIFICATION Section was formerly classified to section 16 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 2024—Subsec. (d). Pub. L. 118–50 added subsec. (d). 2010—Subsec. (a). Pub. L. 111–195 substituted ‘‘if a natural person, be imprisoned for not more than 20 years, or both.’’ for ‘‘if a natural person, be fined not more than $100,000, or imprisoned for not more than ten years or both; and the officer, director, or agent of any corporation who knowingly participates in such viola- tion shall, upon conviction, be fined not more than $100,000 or imprisoned for not more than ten years or both.’’ 1996—Pub. L. 104–114, § 102(d)(3)(A), made technical amendment inserting section designation in original. Subsec. (a). Pub. L. 104–114, § 102(d)(3)(B), substituted ‘‘participates’’ for ‘‘participants’’. Subsec. (b). Pub. L. 104–114, § 102(d)(1), amended sub- sec. (b), as added by Pub. L. 102–484, generally. Prior to amendment, subsec. (b) read as follows: ‘‘(b)(1) The Secretary of the Treasury may impose a civil penalty of not more than $50,000 on any person who violates any license, order, rule, or regulation issued under this chapter. ‘‘(2) Any property, funds, securities, papers, or other articles or documents, or any vessel, together with its tackle, apparel, furniture, and equipment, that is the subject of a violation under paragraph (1) shall, at the discretion of the Secretary of the Treasury, be forfeited to the United States Government. ‘‘(3) The penalties provided under this subsection may not be imposed for— ‘‘(A) news gathering, research, or the export or im- port of, or transmission of, information or informa- tional materials; or ‘‘(B) clearly defined educational or religious activi- ties, or activities of recognized human rights organi- zations, that are reasonably limited in frequency, du- ration, and number of participants. ‘‘(4) The penalties provided under this subsection may be imposed only on the record after opportunity for an agency hearing in accordance with sections 554 through 557 of title 5, with the right to prehearing discovery. ‘‘(5) Judicial review of any penalty imposed under this subsection may be had to the extent provided in section 702 of title 5.’’ Pub. L. 104–114, § 102(d)(2), struck out subsec. (b), as added by Pub. L. 102–393, which read as follows: ‘‘(b)(1) A civil penalty of not to exceed $50,000 may be imposed by the Secretary of the Treasury on any per- son who violates any license, order, rule, or regulation issued in compliance with the provisions of this chap- ter. ‘‘(2) The penalties provided under this subsection may not be imposed for— ‘‘(A) news gathering, research, or the export or im- port of, or transmission of, information or informa- tional materials; or ‘‘(B) clearly defined educational or religious activi- ties, or activities of recognized human rights organi- zations, that are reasonably limited in frequency, du- ration, and number of participants.’’ 1992—Pub. L. 102–484, which directed substitution of ‘‘(a) Whoever’’ for ‘‘That whoever’’ and addition of sub- sec. (b) at end, was executed to reflect the probable in- tent of Congress in light of the intervening general amendment by Pub. L. 102–393 (see below), by adding subsec. (b) after subsec. (a). Pub. L. 102–393 amended section generally, sub- stituting subsecs. (a) to (c) for former undesignated provisions which read as follows: ‘‘Whoever shall will- fully violate any of the provisions of this chapter or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President issued in com- pliance with the provisions of this chapter shall, upon conviction, be fined not more than $50,000, or, if a nat- ural person, imprisoned for not more than ten years, or both; and the officer, director, or agent of any corpora- tion who knowingly participates in such violation shall be punished by a like fine, imprisonment, or both, and any property, funds, securities, papers, or other articles or documents, or any vessel, together with her tackle, apparel, furniture, and equipment, concerned in such violation shall be forfeited to the United States.’’ 1977—Pub. L. 95–223 substituted ‘‘$50,000’’ for ‘‘$10,000’’. § 4316. Rules by district courts; appeals The district courts of the United States are given jurisdiction to make and enter all such rules as to notice and otherwise, and all such or- ders and decrees, and to issue such process as may be necessary and proper in the premises to enforce the provisions of this chapter, with a right of appeal from the final order or decree of such court as provided in sections one hundred and twenty-eight and two hundred and thirty- eight of the Act of March third, nineteen hun- dred and eleven, entitled ‘‘An Act to codify, re- vise, and amend the laws relating to the judici- ary.’’ (Oct. 6, 1917, ch. 106, § 17, 40 Stat. 425.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables. Sections one hundred and twenty-eight and two hun- dred and thirty-eight of the Act of March third, nine- teen hundred and eleven, entitled ‘‘An Act to codify, re- vise, and amend the laws relating to the judiciary’’, re- ferred to in text, enacted sections 225 and 345 of former Title 28, Judicial Code and Judiciary, respectively. Sec- tion 225 of former Title 28 was repealed by act June 25, 1948, ch. 646, § 39, 62 Stat. 992, and reenacted as sections 1291, 1292, 1293, and 1294 of Title 28, Judiciary and Judi- cial Procedure. Section 1293 of Title 28 was repealed by