consignee application disallowed in part shall include (a) a complete new application covering only the rejected items, and (b) the appropriate Form FC-420, Application Processing Card, showing the old case number.

(iii) Request for administrative review of rejection of request for extension of license or other amendment shall inIclude (a) the license unless it has been previously surrendered to the U.S. Department of Commerce or a customs office and (b) the Form IA-763, Request for and Notice of Amendment Action.

(iv) Request for administrative review of denial of request to transfer an export license shall include (a) letter of request for transfer from the transferor and transferee, (b) the original license unless the license is on file with the Office of Export Control or has been surrendered to a customs office, and (c) the Form IA763, Request for and Notice of Amendment Action, if this form was submitted to the Office of Export Control.

(c) When and where to file a request for administrative review. A request for administrative review shall be filed not later than 45 days after the publication date of a regulation, or the date of notification of administrative action. A request for administrative review shall be filed with and addressed to the Office of Export Control, Ref: "Administrative Review," Bureau of International Commerce, U.S. Department of Commerce, Washington, D.C. 20230.

(d) Decisions. A request for relief may be granted or denied, in whole or in part. If the decision in an administrative review of a licensing action is favorable to the petitioner, the license or amendment will be granted in answer to the petition. Decisions on other types of administrative reviews will be furnished to the petitioner in writing. If the decision is unfavorable, he may appeal to the Appeals Board in accordance with the provision of § 389.3.

§ 389.3 Appeals.

(a) Establishment and scope of Appeals Board. The Appeals Board for the Department of Commerce has been established as an impartial body in the Office of the Secretary to consider appeals and render final decisions thereon. The Board consists of a Chairman and

2 A rejection of an export license application on the ground that the proposed export is contrary to the national interest may be appealed.

two members. Any person may appeal to the Appeals Board, upon the grounds indicated in § 389.1(c), in accordance with the following provisions of this § 389.3.

(b) Preparation of appeals—(1) General requirements. An appeal shall be clearly marked "Ref: Appeals Board for the U.S. Department of Commerce" and shall be in letter form. The appeals letter shall be prepared in accordance with § 389.2(b) and shall be accompanied by the same information and documents specified therein. Where an appeal is filed from a decision on an administrative review, the appellant may request the Office of Export Control, in writing, to transmit to the Appeals Board the documentation originally submitted to the Office of Export Control in accordance with § 389.2(b) as the required initial documentation.

(2) Request for oral presentation. A request for an oral presentation before the Appeals Board, as provided in paragraph (d) (3) of this § 389.3, must be in writing and should be included with the appeal.

(c) When and where to file appeals— (1) When to file. Appeals, other than appeals from denial or probationary orders' may be filed with the Appeals Board by means of a written notice filed not later than 45 days after the appellant received notice from the U.S. Department of Commerce of any regulation or administrative action. Appellant may also appeal from undue delay in acting on appellant's license application.

(2) Where to file. All appeals shall be addressed to the Appeals Board, U.S. Department of Commerce, Washington, D.C. 20230.

(d) Consideration of appeals-(1) Initial referral to the Office of Export Control. Customarily, any appeal which has not already been considered under administrative review (see § 389.2) is initially referred by the Appeals Board to the Office of Export Control. After appropriate action, the Office of Export Control will submit its recommendation for the consideration of the Board.

(2) Referral by the Office of Export Control. Where unusual circumstances warrant, the Office of Export Control on

See §§ 388.4, 388.11, 388.13, and 388.15 for the appeals procedure regarding administrative proceedings.

A rejection of an export license application on the ground that the proposed export is contrary to the national interest may be appealed.

its own initiative, may request the Appeals Board to consider an application for an export license at the Appeals level. In such case, the Appeals Board will so notify the appellant.

(3) Oral presentations. In a case where the appellant so requests or the Appeals Board believes it to be necessary to a proper determination, the appellant may be granted an opportunity to present orally further facts and argument. A date will be set and notice of the time and place (in Washington, D.C.) will be given the appellant by the Appeals Board at least 10 days before the date set for the oral presentation unless waived by appellant. Such presentation will be heard informally; generally, no oaths will be administered to witnesses; and the Appeals Board will not necessarily abide by the rules of evidence. An appellant need not be represented by counsel unless he so wishes.

(4) Records. Records concerning an appeal may be made available for inspection and copying by persons properly concerned, upon written application. Such application shall be addressed to the Appeals Board, U.S. Department of Commerce, Washington, D.C. 20230, and shall set forth the applicant's interest, a description of the material or information contained in the record to be inspected or copied, and the purposes for which it is sought.

(e) Decisions. All appeals will be considered and decided within a reasonable time after they are filed. An appeal may be granted or denied, in whole or in part, or dismissed at the request of the appellant. The decision on an appeal signed by the Chairman of the Appeals Board will be communicated to the appellant in writing.

Sec.

PART 390-GENERAL ORDERS

390.1 Commodity advisory panels and committees. 390.2

Conduct of business and practice in connection with export control matters.

390.3 Export control authority to be exercised by U.S. Department of Commerce Field Office Directors in the event of enemy attack on the United States.

390.4 Disclosure of license issuance and other information.

390.5 Extension of validity period of licenses affected by longshoremen's work stoppage.

Sec.

390.6 Short supply licensing controls over nickel products.

AUTHORITY: The provisions of this Part 390 issued under sec. 3, 63 Stat. 7; 50 U.S.C. App. 2023; E.O. 10945, 26 F.R. 4487, 3 CFR 19591963 Comp.; E.O. 11038, 27 F.R. 7003, 3 CFR 1959-1963 Comp.

SOURCE: The provisions of this Part 390 contained in 12th Gen. Rev. of Export Regs., 34 F.R. 8887, June 3, 1969, unless otherwise noted.

§ 390.1 Commodity advisory panels and

committees.

(a) Purpose. (1) The purpose of this § 390.1 is to establish a procedure whereby the Office of Export Control may consult with the export trade and obtain advice and recommendations concerning export licensing policies and procedures under the Export Control Law.

(2) The provisions of this § 390.1 are not to be construed as prohibiting individuals or groups of individuals from seeking discussions with employees of the Office of Export Control.

(b) Organization of panels and committees (1) Representation by commodities. It is intended, for convenient operation and size, to provide representation of the export trade by commodities. Wherever practicable, segments of the trade handling different commodities (or groups of commodities) will be represented by separate panels or committees. Where a panel is formed, the membership may be called upon to meet as a whole, or committees may be organized from among the members to consider specific problems as they arise. The panels and committees will be selected by the Office of Export Control.

(2) Standards of selection. As the purpose of the panel or commitee is to give advice and make recommendations to the Office of Export Control affecting the trade as a whole, or segments thereof, the members of the panel or committee will be selected in an effort to obtain advice and recommendations which will represent the viewpoint of all parts of the trade involved. The panel or committee will be formed of the minimum number of persons necessary to represent a fair cross-section of the trade in the commodity (or groups of commodities) from the standpoints of (i) large, medium, and small-sized companies, (ii) geographical distribution, (iii) segments of the export trade involved-e.g., by

types of exporters (such as manufacturers, manufacturers' representatives, merchant exporters, combination export managers, etc.), (iv) types of commodities, and (v) trade association membership and nonmembership.

(3) Special conferences. If export trade advice is sought on a special problem and there is no foreseeable need to seek the continuing advice of the trade, a special conference may be called. Except for omission of formal establishment of a panel or committee, the procedure for calling and conducting a special conference shall be the same as set forth under the provisions of this § 390.1.

(4) Representation of small business. In forming a commodity advisory panel or committee, the Office of Export Control will be governed by the principles of Senate Concurrent Resolution 14 (80th Congress) and the President's memorandum to heads of Executive Departments and Agencies of December 12, 1947, with respect to the representation of small business on Government committees.

(5) No compensation allowed. Members of the panels and committees pay their own expenses and are entitled to no compensation for their services.

(c) Functions of panels and committees-(1) Authorized activities. The functions of a commodity advisory panel or committee formed by the Office of Export Control under this § 390.1 are to give advice and make recommendations through one or more commodity advisory committees to the Office of Export Control, at committee meetings, on export licensing policies and procedures affecting those parts of the export trade represented by the committee. Where deemed appropriate, in view of the nature of a specific licensing policy or procedure, the Office of Export Control will authorize the holding of full panel meetings.

(2) Unauthorized activities. (i) No other activities by a commodity advisory panel or committee or by its members is sponsored or authorized by the U.S. Department of Commerce or the Office of Export Control. No meeting of the commodity advisory panel or committee, or any part thereof, is sponsored or authorized by the U.S. Department of Commerce or the Office of Export Control unless such meeting is called and conducted by appropriate officials of the

Office of Export Control in accordance with the provisions of this § 390.1.

(ii) The panel or committee is not authorized to determine policies for the export trade nor is it authorized to compel or coerce any person to comply with any request, order, or regulation made by the U.S. Department of Commerce or the Office of Export Control.

(d) Meetings of panels and committees (1) Calling of meetings. (i) Commodity advisory panel meetings and commodity advisory committee meetings will be called by the Office of Export Control in connection with the promulgation of export licensing policies or procedures affecting the parts of the export trade represented by the panel or committee, as the case may be, except where the necessary timing or other public exigency does not permit such prior consultation.

(ii) A meeting of a trade advisory panel or committee may be proposed by any three of its members. Such proposal should be addressed to the Government presiding officer and state the reasons for proposing the meeting. The Government presiding officer is responsible for determining whether a meeting should be called.

(2) Agenda and presiding officer. (i) The agenda of the meeting will be prepared by the Office of Export Control. A representative of the Office of Export Control will preside at every panel meeting and every committee meeting.

(ii) Prior to a meeting, members of a panel or committee may propose subjects for the agenda to the Government presiding officer, but during a meeting may not introduce any subject not included on the agenda.

(3) Attendance at meetings. (i) Attendance at meetings shall be limited to duly appointed members and invited Government representatives. The attendance of other persons at meetings, such as industry or trade observers or alternates for accredited members, is not authorized. If it is essential for the purpose of a particular meeting to invite a nonmember expert or technician who can provide advice concerning a specialized subject, a special written invitation from the Office of Export Control will be required requesting the attendance of such person at the meeting.

(ii) A meeting of a segment or segments of an advisory panel or committee may be called to discuss subjects of interest to only that part of the trade, pro

vided the segment of the trade is representative or additional representatives are appointed in order to make it representative.

(4) Conduct during meetings. During a meeting, members are restricted to expressions of advice and recommendations, and may not make resolutions nor submit or request submission of a vote regarding a recommendation under discussion.

(5) Minutes. The Office of Export Control will keep minutes of each meeting and, where practicable, will make summaries available to members of the commodity advisory panel, the committee, the export trade, and the press. § 390.2 Conduct of business and practice in connection with export control matters.

(a) Exclusion of Persons Guilty of Unethical Conduct or Not Possessing Required Integrity and Ethical Standards (1) Who may be excluded. Any person, whether acting on his own behalf or on behalf of another, who shall be found guilty of engaging in any unethical activity or who shall be demonstrated not to possess the required integrity and ethical standards, may be excluded from (denied) export privileges on his own behalf, or may be excluded from practice before the Bureau of International Commerce of the U.S. Department of Commerce on behalf of another, in connection with any export control matter, or both, as provided in Part 388.

(2) Grounds for exclusion. Among the grounds for exclusion are the following:

(i) Inducing or attempting to induce by gifts, promises, bribes, or otherwise, any officer or employee of the Bureau of International Commerce of the U.S. Department of Commerce or any customs or post office official, to take any action with respect to the issuance of licenses or any other aspects of the administration of the Export Control Law, whether or not in violation of any regulation;

(ii) Offering or making gifts or promises thereof to any such officer or employee for any other reason;

(iii) Soliciting by advertisement or otherwise the handling of business before the Bureau of International Commerce on the representation, express or implied, that such person, through personal acquaintance or otherwise, possesses special influence over any officer

or employee of the Bureau of International Commerce;

(iv) Charging, or proposing to charge, for any service performed in connection with the issuance of any license, any fee wholly contingent upon the granting of such license and the amount or value thereof. This provision will not be construed to prohibit the charge of any fee agreed to by the parties: Provided, That the out-of-pocket expenditures and the reasonable value of the services performed, whether or not the license is issued and regardless of the amount thereof, are fairly compensated; and

(v) Knowingly violating or participating in the violation of, or an attempt to violate, any regulation with respect to the export of commodities or technical data, including the making of or inducing another to make any false representations to facilitate any export in violation of the Export Control Law or any order or regulation issued thereunder.

(3) Definition. As used in this § 390.2, the terms "practice before the Bureau of International Commerce" and "appear before the Bureau of International Commerce" include:

(i) The submission on behalf of another of applications for export licenses or other documents required to be filed with the Bureau of International Commerce, or the execution of the same;

(ii) Conferences or other communications on behalf of another with officers or employees of the Bureau of International Commerce for the purpose of soliciting or expediting approval by the Bureau of International Commerce of applications for export licenses or other documents, or with respect to quotas, allocations, requirements or other export control actions, pertaining to matters within the jurisdiction of the Bureau of International Commerce.

(iii) Participation on behalf of another in any proceeding pending before the Bureau of International Commerce; and

(iv) The submission to a customs official on behalf of another of a license or Shipper's Export Declaration or other export control document.

(4) Proceedings. All proceedings under this § 390.2 shall be conducted in the same manner as provided in Part 388.

(b) Employees and former employees. Persons who are or at any time have been employed on a full-time or part-time, compensated or uncompensated, basis by

the U.S. Government are subject to the provisions of title 18, United States Code §§ 203, 205 and 207 (Public Law 87-849, 87th Congress) in connection with representing a private party or interest before the U.S. Department of Commerce in connection with any export control matter.

§ 390.3 Export control authority to be exercised by U.S. Department of Commerce Field Office Directors in the event of enemy attack on the United States.

(a) Delegation to Field Office Director. In the event of an enemy attack on the United States, each Director of a U.S. Department of Commerce field office is authorized to exercise control over exports from the area assigned to him for purposes of this regulation.

(b) Areas for which Field Office Directors may control exports. The area of jurisdiction assigned to each Director will be his area of jurisdiction at the time of an attack.

(c) Orders from U.S. Department of Commerce. The authorization set forth in paragraph (a) of this § 390.3 shall be subject to any orders or directives transmitted from the U.S. Department of Commerce.

§ 390.4 Disclosure of license issuance and other information.

By order of the Secretary of Commerce, the Office of Export Control will make available daily, for each export license granted on the previous business day:

(a) A general description of the commodity or technical data licensed for export;

(b) The total value of the licensed commodity; and

(c) The country of destination of the export.

No other specific information regarding any validated export license will be made available to the public by the Office of Export Control, except with the approval of the Secretary of Commerce.

68310 Nickel based magnetic unwrought.

materials,

68310 68324 Nickel or nickel alloy electroplating anodes.

Other nickel or nickel alloys, unwrought.

However, the Office of Export Control will consider requests for exceptions to this licensing policy if, for technological or economic reasons, the commodities cannot be commercially processed in the United States.

(1) If the commodities cannot be processed in the United States for technological reasons, the application shall include:

(i) A statement describing the commodities, with an analysis of the metal content, and an explanation of the difficulty in processing them in the United States;

(ii) The following certification:

I (we) certify that, to my (our) best knowledge and belief, the commodities described on this application cannot be commercially processed in the United States; and

(iii) A copy of correspondence with one or more recognized U.S. nickel processors confirming that the commodities described in the application can not be commercially processed in the United States.1

1 Section 376.4 of the Export Control Regulations of this chapter contains additional special requirements regarding applications for licenses to export nickel commodities.