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Federal Civil Penalties Inflation Adjustment Act


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The Federal Civil Penalties Inflation Adjustment Act of 1990 established annual reporting requirements for civil monetary penalties assessed and collected by Federal agencies. Civil penalties are defined as any non-criminal penalty, fine or other sanction for which a given dollar amount or maximum amount is specified by Federal law, and that is assessed or enforced by an agency as a result of an administrative proceeding or civil action in the Federal courts. The Department has assessed fines on individuals and companies for exporting defense materials without required approvals and for misrepresenting facts on export applications.

COMPANY NAME VIOLATION DATE ASSESSED AMOUNT ASSESSED PAYMENTS
DELFT INSTRUMENTS N.V. Concealing a material fact involving the transfer of U.S. -origin defense articles to Iraq and Jordan.
8/22/1997
$300,000
$200,000 initially, then $20,000 for five subsequent year
BOEING COMPANY Reportedly exporting defense articles (technical data) and defense services to Russia, Ukraine, Norway, and Germany without the required approvals from the Department.
9/29/1998
$7,500,000
$3,500,000 initially, then $800,000 for five subsequent years
A&C INTERNATIONAL TRADE, INC. Knowingly and willfully exporting a defense article (pressurized pepper gas system) to the Peoples Republic of China without applying or obtaining the required approval from the Department
3/14/2000
$100,000
$33,333.34 initially, then $33,333.33 for next two years
LOCKHEED MARTIN CORPORATION Exporting defense articles and defense services in violation of the terms or conditions of other approvals that were provided by the Department, making proposals for the transfer of defense services, and by omitting material facts from export license applications
6/13/2000
$8,000,000
$1,500,000 for four years and $2,000,000 due in year five
BOEING COMPANY Violating the items and conditions of the Department's munitions licenses, exporting defense articles and services without a munitions license and omitting material facts from its applications for munitions licenses
3/30/2001
$3,800,000
$1,000,000 for three years and $800,000 in year four.
SPACE SYSTEMS/ LORAL, INC. Violating the express terms and conditions of the Department's munitions licenses and exporting defense services without a munitions license or other authorization to the People's Republic of China
1/9/2002
$14,000,000
$2,200,000 initially, then $1,685,714 for seven subsequent years
DR. WAH L. LIM Unauthorized export of defense articles and defense services to the People's' Republic of China and misrepresentation and/or omission of material facts from information presented to the Department
1/10/2002
$50,000
$50,000
TOTAL ---
---
$33,750,000
---

 

COMPANY NAME
Balance Outstanding September 30, 2001
Fiscal Year 2002 Assessments
Fiscal Year 2001 Collections
Balance Outstanding September 30, 2002
DELFT INSTRUMENTS N.V.
$20,000
---
$20,000
---
BOEING COMPANY
$800,000
---
$800,000
$1,600,000
A&C INTERNATIONAL TRADE, INC.
$66,666.66
---
---
$66,666.66
LOCKHEED MARTIN CORPORATION
$3,500,000
---
$1,500,000
$5,000,000
BOEING COMPANY
$1,800,000
---
$1,000,000
$2,800,000
SPACE SYSTEMS/ LORAL, INC.
---
$14,050,000
$2,200,000
$11,800,000
DR. WAH L. LIM
---
$50,000
$50,000
---
TOTAL
$9,486,666.66
$14,050,000
$5,570,000
$17,966,666.66

 

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