The order notably does not apply to national security and immigration enforcement functions, a White House official tells NR.

President Donald Trump is expected to sign an executive order Friday afternoon discouraging the criminal prosecution of individuals who unknowingly violate regulatory statutes, National Review has learned, part of the administration’s broader effort to ease up on regulatory enforcement.

“The Order discourages criminal enforcement of regulatory offenses prioritizing prosecutions only for those who knowingly violate regulations and cause significant harm,” according to a White House fact sheet shared with National Review by a White House official.

“The Order requires each agency, in consultation with the Attorney General, to provide to the Office of Management and Budget (OMB) a list of all enforceable criminal regulatory offenses, the range of potential criminal penalties, and applicable state of mind required for liability,” the fact sheet continues.

The executive order notably does not apply to national security and immigration enforcement functions, a White House official tells National Review.

The move is part of a broader effort to shrink the size and scope of the federal bureaucracy.

The White House notes that “The Code of Federal Regulations contains over 48,000 sections, stretching over 175,000 pages — far too vast for any citizen to fully comprehend, much less be criminally convicted over violations.”

“The situation is absurd, unjust, and ripe for abuse, enabling government officials to target unwitting individuals and weaponize regulations against them.”

Agencies will be required to post public reports on these recommendations annually, and explore a “guilty intent standard” for all criminal regulatory offenses, as well as the relevant authorizing statute in question.

“Criminal enforcement of offenses not publicly posted is strongly discouraged, and the Attorney General must consider the amount of public notice provided regarding an offense before pursuing investigations or charges,” according to the fact sheet. “Agencies must publish guidance on referring violations for criminal enforcement, factoring in harm, defendant’s gain, and awareness of unlawfulness.”