Voglio sapere a riguardo di…

6818

Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents d Regulatory offense means any violation of a regulation promulgated by an agency.
Sec. 4. Promoting Regulatory Transparency. a All notices of proposed rulemaking NPRMs and final rules published in the Federal Register after issuance of this order should include a statement that describes whether individuals who violate any of the prohibitionsor fail to comply with any requirementsimposed by the regulation or rule may be subject to criminal penalties. Agencies should draft this statement in consultation with the Department of Justice. For purposes of this order, a regulation is treated as subjecting individuals to criminal penalties when violation of the regulation is itself a basis for criminal liability under Federal law.
b The regulatory text of all NPRMs and final rules with criminal consequences published in the Federal Register after issuance of this order should, consistent with applicable law, explicitly state a mens rea requirement for each such provision or identify the provision as a strict liability offense, accompanied by citations to the relevant provisions of the authorizing statute.
c Prior to publishing in the Federal Register an NPRM or final rule that contains a regulatory offense not specifically articulated in the authorizing statute that may subject a violator to potential criminal liability with no mens rea requirement or a regulatory offense that includes an element that does not require proof of mens rea excluding jurisdictional and venue elements, the applicable agency should submit a brief justification for use of a strict liability standard as well as the source of legal authority for the imposition of such a standard, to the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget Administrator. In response to these agency submissions, the Administrator shall provide implementation guidance to agencies on this order, monitor agency regulatory actions pursuant to this order, and advise agencies if their actions are inconsistent with the principles set forth in this order and or otherwise conflict with the policies or actions of another agency.
After such consultation, a statement of justification should be published in the Federal Register with the NPRM and the final rule.
Sec. 5. Agency Referrals for Potential Criminal Enforcement. a Within 45 days of the date of this order, and in consultation with the Department of Justice, each agency should publish guidance in the Federal Register describing its plan to administratively address regulatory offenses subject to potential criminal liability rather than refer those offenses to the Department of Justice for criminal enforcement. Such guidance should make clear that when agencies are enforcing regulations related to statutory criminal violations subject to strict liability, and deciding whether to refer the matter to the Department of Justice, agencies should consider factors such as:
i the harm or risk of harm, pecuniary or otherwise, caused by the alleged offense;
ii the potential gain to the putative defendant that could result from the offense;

jbell on DSKJLSW7X2PROD with EXECORD3

iii whether the putative defendant held specialized knowledge, expertise, or was licensed in an industry related to the rule or regulation at issue;
and iv evidence, if any is available, of the putative defendants knowledge or lack thereof of the regulation at issue.
b Notwithstanding these considerations, the guidance should not deter, limit, or delay agency referrals to the Department of Justice where either the putative defendants state of mind is unknown because further investigation is required, or there exists a reasonable indication that a crime has been committed based on the evidence available.
c When required by internal agency policies or practice, an agency may refer alleged regulatory offenses carrying potential criminal consequences to its designated investigation and law enforcement offices for
VerDate Sep<11>2014

20:44 Jan 21, 2021

Jkt 253001

PO 00000

Frm 00002

Fmt 4790

Sfmt 4790

E:FRFM22JAE3.SGM

22JAE3