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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
whether and how any information providedincluding proposed mitigation measuresaffects an initial determination of whether the ICTS
Transaction meets the criteria set forth in 7.103c.
b After considering the effect of any submission by a party to an ICTS
Transaction under 7.107 consistent with paragraph a, the Secretary shall consult with and seek the consensus of all appropriate agency heads prior to issuing a final determination as to whether the ICTS Transaction shall be prohibited, not prohibited, or permitted pursuant to the adoption of negotiated mitigation measures.
c If consensus is unable to be reached, the Secretary shall notify the President of the Secretarys proposed final determination and any appropriate agency heads opposition thereto.
d After receiving direction from the President regarding the Secretarys proposed final determination and any appropriate agency heads opposition thereto, the Secretary shall issue a final determination pursuant to 7.109.

6 Explain, if applicable, that a final determination that the ICTS Transaction is not prohibited does not preclude the future review of transactions related in any way to the ICTS Transaction;
7 Include, if applicable, a description of the mitigation measures agreed upon by the party or parties to the ICTS Transaction and the Secretary;
and 8 State the penalties a party will face if it fails to comply fully with any mitigation agreement or direction, including violations of IEEPA, or other violations of law.
e The written, signed, and dated final determination shall be sent to:
1 The parties to the ICTS
Transaction via registered U.S. mail and electronic mail; and 2 The appropriate agency heads.
f The results of final written determinations to prohibit an ICTS
Transaction shall be published in the Federal Register. The publication shall omit any confidential business information.

7.109

7.110 Classified national security information.

Final determination.

a For each transaction for which the Secretary issues an initial determination that an ICTS Transaction is prohibited, the Secretary shall issue a final determination as to whether the ICTS
Transaction is:
1 Prohibited;
2 Not prohibited; or 3 Permitted, at the Secretarys discretion, pursuant to the adoption of negotiated mitigation measures.
b Unless the Secretary determines in writing that additional time is necessary, the Secretary shall issue the final determination within 180 days of accepting a referral and commencing the initial review of the ICTS Transaction pursuant to 7.103.
c If the Secretary determines that an ICTS Transaction is prohibited, the Secretary shall have the discretion to direct the least restrictive means necessary to tailor the prohibition to address the undue or unacceptable risk posed by the ICTS Transaction.
d The final determination shall:
1 Be written, signed, and dated;
2 Describe the Secretarys determination;
3 Be unclassified and contain no reference to classified national security information;
4 Consider and address any information received from a party to the ICTS Transaction;
5 Direct, if applicable, the timing and manner of the cessation of the ICTS
Transaction;

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In any review of a determination made under this part, if the determination was based on classified national security information, such information may be submitted to the reviewing court ex parte and in camera.
This section does not confer or imply any right to review in any tribunal, judicial or otherwise.
Subpart CEnforcement 7.200

Penalties.

a Maximum penalties.
1 Civil penalty. A civil penalty not to exceed the amount set forth in Section 206 of IEEPA, 50 U.S.C. 1705, may be imposed on any person who violates, attempts to violate, conspires to violate, or causes any knowing violation of any final determination or direction issued pursuant to this part, including any violation of a mitigation agreement issued or other condition imposed under this part. IEEPA
provides for a maximum civil penalty not to exceed the greater of $250,000, subject to inflationary adjustment, or an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.
2 Criminal penalty. A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids and abets in the commission of a violation of any final determination, direction, or mitigation
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agreement shall, upon conviction of a violation of IEEPA, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20
years, or both.
3 The Secretary may impose a civil penalty of not more than the maximum statutory penalty amount, which, when adjusted for inflation, is $307,922, or twice the amount of the transaction that is the basis of the violation, per violation on any person who violates any final determination, direction, or mitigation agreement issued pursuant to this part under IEEPA.
i Notice of the penalty, including a written explanation of the penalized conduct specifying the laws and regulations allegedly violated and the amount of the proposed penalty, and notifying the recipient of a right to make a written petition within 30 days as to why a penalty should not be imposed, shall be served on the notified party or parties.
ii The Secretary shall review any presentation and issue a final administrative decision within 30 days of receipt of the petition.
4 Any civil penalties authorized in this section may be recovered in a civil action brought by the United States in U.S. district court.
b Adjustments to penalty amounts.
1 The civil penalties provided in IEEPA are subject to adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 Pub.
L. 101410, as amended, 28 U.S.C. 2461
note.
2 The criminal penalties provided in IEEPA are subject to adjustment pursuant to 18 U.S.C. 3571.
c The penalties available under this section are without prejudice to other penalties, civil or criminal, available under law. Attention is directed to 18
U.S.C. 1001, which provides that whoever, in any matter within the jurisdiction of any department or agency in the United States, knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined under title 18, United States Code, or imprisoned not more than 5 years, or both.
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