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S. 5380 · Senate bill · 119th Congress
This bill extends from 5 to 10 years the statute of limitations for civil and criminal violations of U.S. export control laws. The bill also specifies that the commencement of an action, suit, or proceeding includes the issuance of a charging letter. (A charging letter is a formal notification by the Department of Commerce's Bureau of Industry and Security that a company or individual is under investigation for an apparent violation of export administration laws or regulations.)
Section 1760 of the Export Control Reform Act of 2018 (50 U.S.C. 4819) is amended by adding at the end the following:
“(g) Statute of limitations.—
(1) Time for commencing proceedings.—
(A) In general.— An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained if commenced later than 10 years after the date of the violation upon which the civil fine, penalty, or forfeiture is based.
(B) Commencement.— For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a charging letter.
(2) Time for indictment.— No person shall be prosecuted, tried, or punished for any offense under subsection (a) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.”.