Page:United States Statutes at Large Volume 100 Part 1.djvu/1153

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-440—OCT. 2, 1986

100 STAT. 1115

penalty set forth in paragraph (2), be fined not more than 5 times the value of the krugerrands or gold coins involved. (c)(1) Whenever a person commits a violation under subsection (b)— (A) any officer, director, or employee of such person, or any natural person in control of such person who knowingly and willfully ordered, authorized, acquiesced in, or carried out the act or practice constituting the violation, and (B) any agent of such person who knowingly and willfully carried out such act or practice, shall be fined not more than $10,000, or imprisoned not more than 5 years, or both. (2) Paragraph (1) shall not apply in the case of a violation by an individual of section 301(a) of this Act or of any regulation issued to carry out that section. (3) A fine imposed under paragraph (1) on an individual for an act or practice constituting a violation may not be paid, directly or indirectly, by the person committing the violation itself. (d)(1) Any person who violates any regulation issued under section Reports 208(d) or who, in a registration statement or report required by the Secretary of State, makes any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading, shall be subject to a civil penalty of not more than $10,000 imposed by the Secretary of State. The provisions of subsections (d), (e), and (f) of section 11 of the Export Administration Act of 1979 shall apply with 50 USC app. 2410. respect to any such civil penalty. (2) Any person who commits a willful violation under paragraph (1) shall upon conviction be fined not more than $1,000,000 or imprisoned not more than 2 years, or both. (3) Nothing in this section may be construed to authorize the imposition of any penalty for failure to implement the Code of Conduct. Ante, p. 1097. APPLICABILITY TO EVASIONS OF ACT

SEC. 604. This Act and the regulations issued to carry out this Act 22 USC 5114. shall apply to any person who undertakes or causes to be undertaken any transaction or activity with the intent to evade this Act or such regulations. CONSTRUCTION OF ACT

SEC. 605. Nothing in this Act shall be construed as constituting 22 USC 5115. any recognition by the United States of the homelands referred to in this Act. STATE OR LOCAL ANTI-APARTHEID LAWS, ENFORCE

SEC. 606. Notwithstanding section 210 of Public Law 99-349 or any 22 USC 5116. other provision of law— Ante, p. 149. (1) no reduction in the amount of funds for which a State or local government is eligible or entitled under any Federal law may be made, and