What 22 CFR Part 127 ITAR Violations and Penalties requires
22 CFR Part 127 of the International Traffic in Arms Regulations (ITAR) sets out the violations, penalties, and enforcement framework administered by the US Department of State Directorate of Defense Trade Controls (DDTC). Section 127.1 (Violations) identifies the unlawful acts, including exporting or attempting to export defense articles or furnishing defense services without the required license or other approval and conspiring to violate the controls. Section 127.3 (Penalties for violations) provides that willful violations are subject to a fine or imprisonment, or both, as prescribed by 22 USC 2778(c) of the Arms Export Control Act. Section 127.7 (Debarment) provides for administrative and statutory debarment, including statutory debarment of persons convicted of violating the Arms Export Control Act. Section 127.10 (Civil penalty) provides that the maximum civil penalty for a violation of 22 USC 2778 may not exceed the greater of $1,271,078 or the amount that is twice the value of the transaction. Section 127.12 (Voluntary disclosures) establishes the Department policy strongly encouraging the disclosure of suspected violations, which is considered a mitigating factor in determining administrative penalties. Effective compliance requires recognising the categories of violation, preserving evidence on discovery of a potential violation, evaluating timely voluntary disclosure, and applying the correct civil and criminal exposure when assessing risk.
Pillar: Trade Compliance & Export Controls · Authority: United States Department of State Directorate of Defense Trade Controls (DDTC) under the Arms Export Control Act (22 USC 2778) · Version: 1.0.0 · Last updated:
Primary source: https://www.ecfr.gov/current/title-22/part-127
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- 22 CFR Part 127 Violations and Penalties
- 22 CFR 127.1 Violations
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