# § 14944. Enforcement
**(a)** **Civil penalties** Any person who—
shall be subject, in addition to any other penalty that may be prescribed by law, to a civil money penalty of not more than $50,000 for a first violation, and not more than $100,000 for each succeeding violation.
**(1)** violates section 14921 of this title;
**(2)** makes a false or fraudulent statement, or misrepresentation, with respect to a material fact, or offers, gives, solicits, or accepts inducement by way of compensation, intended to influence or affect in the United States or a foreign country—
**(A)** a decision by an accrediting entity with respect to the accreditation of an agency or approval of a person under subchapter II;
**(B)** the relinquishment of parental rights or the giving of parental consent relating to the adoption of a child in a case subject to the Convention; or
**(C)** a decision or action of any entity performing a central authority function; or
**(3)** engages another person as an agent, whether in the United States or in a foreign country, who in the course of that agency takes any of the actions described in paragraph (1) or (2),
**(b)** **Civil enforcement**
**(1)** **Authority of Attorney General** The Attorney General may bring a civil action to enforce subsection (a) against any person in any United States district court.
**(2)** **Factors to be considered in imposing penalties** In imposing penalties the court shall consider the gravity of the violation, the degree of culpability of the defendant, and any history of prior violations by the defendant.
**(c)** **Criminal penalties** Whoever knowingly and willfully violates paragraph (1) or (2) of subsection (a) shall be subject to a fine of not more than $250,000, imprisonment for not more than 5 years, or both.
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**Source Credit**: (Pub. L. 106–279, title IV, § 404, Oct. 6, 2000, 114 Stat. 842.)
## Editorial Notes
### References in Text
Subchapter II, referred to in subsec. (a)(2)(A), was in the original “title II”, meaning title II of , , , which enacted subchapter II of this chapter and amended . For complete classification of title II to the Code, see Tables.
## Statutory Notes and Related Subsidiaries
### Effective Date
Section effective upon entry into force for the United States of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of the Convention, with transition rule, see section 505(a)(2), (b) of , set out as an Effective Dates; Transition Rule note under .