Iran Air v. Robert F. Kugelman, Acting Under Secretary for Bureau of Export Administration, U.S. Department of Commerce

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

Concurring opinion filed by Circuit Judge SILBERMAN.

GINSBURG, RUTH BADER, Circuit Jüdge.

I. Introduction

In 1985, Iran Air unwittingly violated the Export ■ Administration Act of 1979, 50 U.S.CApp. §§ 2401-2420, in connection with the shipment of three U.S.-made “signal generators” 1 from Germany to Iran. In 1990, the Commerce- Department’s Office of Export Enforcement sought to impose civil sanctions against Iran Air, but the Administrative Law Judge (ALJ) assigned to hear the case ruled that the Export Act authorized sanctions…