This bill increases the maximum civil penalties for violations of the Export Control Reform Act of 2018 from $\$300,000$ to $\$1,200,000$ and raises the alternative penalty calculation from twice to four times the value of the transaction.
Keith Self
Representative
TX-3
This bill amends the Export Control Reform Act of 2018 to significantly increase the civil penalties for violations. Specifically, it raises the maximum civil penalty from $\$300,000$ to $\$1,200,000$. Furthermore, the alternative penalty calculation is increased from twice the value of the transaction to four times the value of the transaction.
This legislation proposes a massive overhaul of the financial penalties associated with violating the Export Control Reform Act of 2018. Simply put, if you’re a business or individual dealing with controlled U.S. goods or technology, the cost of non-compliance is about to skyrocket. The bill amends Section 1760(c)(1)(A) of the existing law, dramatically increasing the maximum civil penalty and changing how fines are calculated based on the transaction value. This is a clear move to increase the financial deterrence against unauthorized exports.
For anyone involved in international trade, the numbers here are the main story. The maximum civil penalty for violating export control rules is being quadrupled—jumping from $300,000 to a staggering $1,200,000. That’s a 400% increase in the worst-case fine scenario, which immediately changes the risk profile for every exporter. But the penalty hike doesn't stop there. The bill also changes the alternative penalty calculation, which is often used for high-value transactions. Currently, the fine can be set at twice the value of the illegal transaction; this bill raises that multiplier to four times the value of the transaction.
Let’s say a company, maybe a mid-sized software firm or a specialized manufacturer, accidentally exports a controlled component worth $5 million without the proper license. Under the old rules, the maximum transaction-based fine would have been $10 million (2x the value). Under this new proposal, that same mistake could now expose the company to a fine of up to $20 million (4x the value). This exponential increase could be catastrophic, especially for smaller businesses or those with thinner profit margins. For the average person, this isn't about their personal exports, but it signals a much more aggressive regulatory environment that businesses must now navigate, which often translates into higher compliance costs passed down the supply chain.
The immediate impact is a major increase in financial liability for anyone subject to the Export Control Reform Act. Whether it's a major defense contractor or a small university research lab shipping specialized equipment overseas, the financial stakes are suddenly much higher. The goal is clearly to boost deterrence and protect national security interests by making violations prohibitively expensive. However, this also puts immense pressure on compliance teams. A simple administrative error or a minor oversight in classifying a product now carries the potential for a seven-figure fine, even if the violation wasn't malicious. Furthermore, these new, harsher penalties apply to any violation that occurs on or after the date the bill becomes law, meaning businesses need to adapt their risk assessments immediately.