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Act, upon conviction, shall be fined not
more than $50,000, and if a natural
person, may also be imprisoned for not
more than 10 years; and any officer,
director, or agent of any corporation
who knowingly participates in such
violation may be punished by a like
fine, imprisonment, or both.
(b) The criminal penalties provided in
the Act are subject to increase pursuant
to 18 U.S.C. 3571.
(c) Attention is also directed to 18
U.S.C. 1001, which provides that
whoever, in any matter within the
jurisdiction of the executive, legislative,
or judicial branch of the Government of
the United States, knowingly and
willfully falsifies, conceals, or covers up
by any trick, scheme, or device, a
material fact, or makes any materially
false, fictitious, or fraudulent statement
or representation, or makes or uses any
false writing or document knowing the
same to contain any materially false,
fictitious, or fraudulent statement or
entry shall be fined under title 18,
United States Code, or imprisoned not
more than five years, or both.
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45254 Federal Register / Vol. 69, No. 145 / Thursday, July 29, 2004 / Rules and Regulations
(d) Violations of this part may also be
subject to relevant provisions of other
applicable laws.
§ 541.702 Prepenalty notice.
(a) When required. If the Director of
the Office of Foreign Assets Control has
reason to believe that there has occurred
a violation of any provision of this part
or a violation of the provisions of any
license, ruling, regulation, order,
direction, or instruction issued by or
pursuant to the direction or
authorization of the Secretary of the
Treasury pursuant to this part or
otherwise under the International
Emergency Economic Powers Act, and
the Director determines that further
proceedings are warranted, the Director
shall notify the alleged violator of the
agency’s intent to impose a monetary
penalty by issuing a prepenalty notice.
The prepenalty notice shall be in
writing. The prepenalty notice may be
issued whether or not another agency
has taken any action with respect to the
matter.
(b) Contents of notice.—(1) Facts of
violation. The prepenalty notice shall
describe the violation, specify the laws
and regulations allegedly violated, and
state the amount of the proposed
monetary penalty.
(2) Right to respond. The prepenalty
notice also shall inform the respondent
of the respondent’s right to make a
written presentation within the
applicable 30 day period set forth in
§ 541.703 as to why a monetary penalty
should not be imposed or why, if
imposed, the monetary penalty should
be in a lesser amount than proposed.
(c) Informal settlement prior to
issuance of prepenalty notice. At any
time prior to the issuance of a
prepenalty notice, an alleged violator
may request in writing that, for a period
not to exceed sixty (60) days, the agency
withhold issuance of the prepenalty
notice for the exclusive purpose of
effecting settlement of the agency’s
potential civil monetary penalty claims.
In the event the Director grants the
request, under terms and conditions
within his discretion, the Office of
Foreign Assets Control will agree to
withhold issuance of the prepenalty
notice for a period not to exceed 60 days
and will enter into settlement
negotiations of the potential civil
monetary penalty claim.
§ 541.703 Response to prepenalty notice;
informal settlement.
(a) Deadline for response. The
respondent may submit a response to
the prepenalty notice within the
applicable 30-day period set forth in
this paragraph. The Director may grant,
at his discretion, an extension of time in
which to submit a response to the
prepenalty notice. The failure to submit
a response within the applicable time
period set forth in this paragraph shall
be deemed to be a waiver of the right to
respond.
(1) Computation of time for response.
A response to the prepenalty notice
must be postmarked or date-stamped by
the U.S. Postal Service (or foreign postal
service, if mailed abroad) or courier
service provider (if transmitted to OFAC
by courier) on or before the 30th day
after the postmark date on the envelope
in which the prepenalty notice was
mailed. If the respondent refused
delivery or otherwise avoided receipt of
　
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