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$ 400.1304. Order of business.

§ 400.1309 Hearings before Examiners

Committee. The order of business at Board meetings shall be as follows:

In conducting its investigation the Ex(a) Reading of minutes of preceding

aminers Committee is authorized to hold meeting.

hearings and take evidence as provided (b) Report of secretary of Board.

in $ $ 400.1316–400.1321. (c) Amendments to regulations or $ 400.1310 Submission of further evirules.

dence. (d) Applications for grants or amend

Should the report of the Examiners ments to grants.

Committee be unfavorable, notice will (e) Consideration of matters con

be sent to the applicant, who will be nected with operation, maintenance, or

permitted to apply for permission of the administration of zones.

Board to present further evidence in (f) Miscellaneous business.

support of his application either orally, (g) Adjournment.

in writing, or both. $ 400.1305 Authorization for hearings. § 400.1311 Rehearing on application.

The Board on its own motion, or on Should the request of the applicant to application, may authorize hearings or submit further evidence be granted, the rehearings. Such hearings will ordi

applicant will be notified and, if a hearnarily be held before the Committee of ing is desired, a date fixed therefor before Alternates. The Examiners Committee the Committee of Alternates. is authorized to hold hearings as pro

8 400.1312 Action of Board on applivided in $ 400.1309.

cation. $ 400.1306 Orders of Board.

After the Board's consideration of the Orders of the Board shall be made of application is completed, unless further record, numbered serially, and published information is required by the Board, from time to time for the information the grant will be made or denied. and guidance of all concerned.

$ 400.1313 Payment for inspection. 8 400.1307 Applications.

The Board shall specify, and applicants Upon receipt of an application, the and grantees shall pay, the cost of inspecExecutive Secretary of the Foreign tion of construction. Prior to the issuTrade Zones Board will designate an ex ance of a grant, the applicant shall deaminer who will investigate the applica

posit promptly with the district engineer tion and accompanying exhibits for com

a certified check in an amount specified

as prescribed above, covering such cost. pliance with the provisions of $$ 400.600

Certified checks in amounts specified by to 400.608.

the Board will also be required to be de(Order 47, 23 F.R. 6417, July 17, 1958]

posited promptly by grantees with the $ 400.1308 Examiners Committee. district engineer covering costs of subse

quent inspections of major alterations. If the application and accompanying

In the event the amount originally speciexhibits are in order, the Executive Sec

fied is insuficient to pay for the cost of retary of the Foreign-Trade Zones Board

inspection, the Board shall specify the will appoint an Examiners Committee additional amount or amounts required, and designate a chairman. This com which shall be paid promptly by the apmittee will consist of the examiner ap plicant or grantee, as the case may be. pointed by the Executive Secretary who Such funds shall be carried in a special has examined the application as pro deposit account by the district engineer vided in $ 400.1307, the Regional Com

in accordance with existing law and regmissioner of Customs or his designee

ulations. If certified cks, which have and the District Engineer in whose

been deposited, are in amounts in excess

of the cost of supervision of construction, districts the proposed zone is to be lo

the district engineer shall refund such cated. The committee will then make a

excess. thorough investigation of the application and report its findings to the Board.

$ 400.1314 Construction of zone. (Order 47, 23 F.R. 5417, July 17, 1958, as

Construction will be under the superamended by Order 74, 32 F.R. 13715, Sept. 30, vision of the Secretary of the Army and 1967]

Chief of Engineers; such supervision

shall be exercised by the District Engineer who shall enforce compliance with the terms of the grant. (Order 17, 14 F.R. 3671, July 2, 1949) § 400.1315 Evidence.

In its discretion, and upon its own motion or upon the motion of any interested party, the Board may give an opportunity to, or require, any party to any proceedings before the Board to present documentary or other written or oral evidence bearing upon any application, declaration, protest, petition, or complaint made to the Board. The Board may order that hearings be held for the purpose of taking testimony or receiving records not under the control of a party to proceedings before the Board, or for the purpose of taking testimony or producing records in connection with the establishment, operation, or maintenance of a zone, or with the conduct of any investigations appropriate to the administration of the act. (Redesignated by Order 29, 17 F. R. 5317, June 11, 1952] $ 400.1316 Object of hearing.

The object of such hearing is to inform interested parties concerning the matter at issue and to give them an opportunity to express their views frankly, fully, and publicly relative thereto. (Redesignated by Order 29, 17 F. R. 5317, June 11, 1952) $ 400.1317 Notice of hearing.

When the Board of Examiners Com. mittee of the Board deems it advisable to hold a local hearing, notice of such hearing should be sent to all interested parties in time for them to be present in person or to be represented at the hearing, and a copy of the notice should be furnished local newspapers. The notice should state the subject to be considered and when and where the hearing will be held, specifically designating the date, hour, and place. For the accuracy of the record, all important facts and arguments should be submitted in writing. As soon as the date and place for a hearing have been designated, the official or Examiners' Committee should immediately advise the Board direct so that it may have available full information on the proceedings. (Redesignated by Order 29, 17 F.R. 5317, June 11, 1952)

$ 400.1318 Procedure at hearing.

The following general procedure will govern the conduct of hearings:

(a) Minutes of the proceedings will be made, and when deemed advisable, will be taken stenographically.

(b) A complete copy of the notice and a record of the names and addresses of all parties on whom served and the manner of service (whether by mail, telegraph, telephone, etc.), should be retained and made a part of the record.

(c) The presiding oficer will impress upon all interested parties and will also specifically state at the commencement of the proceedings: first, the special purpose of the hearing; second, that it is desired to have a frank and full expression of the views of all interested parties and as complete a statement as possible of all information bearing upon the question at issue; third, that the Board will give full weight to all evidence and arguments presented at the hearing, and that all pertinent material which the parties wish considered should be brought out at the hearing; fourth, that later ex parte evidence and arguments are not desired by the Board unless it is clearly shown that the matter is new and material and that there are good reasons why it could not be presented at the hearing.

(d) The presiding officer should read aloud such parts of the act and of the rules and regulations adopted by the Board as bear on the matter at hand. He should also read such other important papers bearing on the case, or extracts therefrom, as may be necessary for a full understanding of the status of the case and the data before the Board.

(e) The names and addresses of all parties of interest present or represented at the hearing will be recorded.

(f) The presiding oficer will then invite and conduct a thorough and candid discussion of the case in all its bearings. (Redesignated by Order 29, 17 F. R. 5317. June 11, 1952) $ 400.1319 Adjournment of hearing.

If it is alleged by any person that more evidence exists which could not be properly prepared in time for the hearing, the presiding officer will, at his discretion, either adjourn the hearing for a reasonable period, or may delay transmitting his report until after the receipt of such evidence and the expiration of a reasonable period for its examination

by other interested persons. In such cases, definite statements as to the amount of time desired should be required. If no further hearing is held, it should be required that any additional evidence be submitted in typewritten or printed form, and the party submitting it should be required to serve a copy thereof on such other parties in interest as appeared at the hearing and to furnish proof of such service for the record. (Redesignated by Order 29, 17 F. R. 5317, June 11, 1952) $ 400.1320 Record of proceedings.

The record of the proceedings should be made in quadruplicate, 3 copies for the Board and 1 for the office of the presiding officer. The record should be accompanied by a copy of the notice and list of those present, briefs or exhibits submitted in the case, and the recommendations of the officer or committee conducting the hearing on the points raised at the hearing. All of the above papers should be properly marked for reference and when possible bound together and submitted as a single exhibit. (Redesignated by Order 29, 17 F. R. 5317, June 11, 1952) § 400.1321 Additional rules of practice.

Additional rules of procedure and practice in formal proceedings under the act, and of procedure in formal and informal proceedings, in elaboration or extension of those set forth herein, may be issued from time to time. (Redesignated by Order 29, 17 F. R. 5317, June 11, 1952]

PUBLIC INFORMATION SOURCE: $ $ 400.1400 to 400.1406 contained in Order 74, 32 F.R. 13715, Sept. 30, 1967, unless otherwise noted. $ 400.1400 Policy.

It is the policy of the Foreign-Trade Zones Board, consistent with the purposes of the Foreign-Trade Zones Act and the role of the Board as a regulatory agency, to furnish the public with information pertaining to the establishment, operation and administration of foreign-trade zones in the United States, except that such information as is exempted from the requirement for disclosure of 5 U.S.C. 552, as amended, ordinarily will not be made available to any person.

$ 400.1401 Public information activities.

The Executive Secretary of the Board shall conduct the following public information activities of the Board:

(a) Preparation and release of material published by or for the Board, including public announcements, items for publication in the FEDERAL REGISTER, news releases, and reports.

(b) Clearance for release of informational material from other agencies referred to the Board for review.

(c) Release of general information pertaining to Board activities, rules and regulations and, at his discretion, information contained in Board records as necessary to further the regular information dissemination activities of the Board.

(d) Development and direction of measures to provide the international business community with information pertaining to the establishment, operation and administration of U.S. ForeignTrade Zones. § 400.1402 Availability of materials for

inspection and copying. (a) The Board shall utilize the facilities and services of the Central Reference and Records Inspection Facility, U.S. Department of Commerce, Washington, D.C. 20230, to make available for public inspection and copying the materials required to be made available to the public by 5 U.S.C. 552(a) (2).

(b) Rules and procedures prescribing the hours of operation, location, fees, and other requirements for public inspection of records through the central facility are contained in Part 4 of this title. $ 400.1403 Requests for identifiable

records. (a) The procedures of this section are applicable only to those records not customarily available to the public as part of the regular information activities of the Board.

(b) The Board shall utilize the facilities and services of the Central Reference and Records Inspection Facility, U.S. Department of Commerce, Washington, D.C. 20230, to make available for public inspection and copying identifiable records which have been determined to be disclosable pursuant to 5 U.S.C. 552(a) (3).

(c) Rules and procedures prescribing the hours of operation, location, fees, and

other requirements for public inspection of records through the central facility are contained in Part 4 of this title. $ 400.1404 Determinations of availabil.

ity of records. (a) In accordance with the rules, regulations, and procedures governing the operation of the Central Reference and Records Inspection Facility of the U.S. Department of Commerce, a request for the determination of availability of a record of the Board will be referred to the Executive Secretary of the Board who shall initially determine:

(1) Whether the requested record can be identified on the basis of information contained in the request. If the record cannot be identified the request shall be returned to the person who initiated it and he shall be advised why the record is not identifiable and what additional clarification, if any, he may submit to assist in the identification of the record.

(2) Whether the record, if identifiable, is still in existence or has been destroyed as provided by law, or is not in the possession of the Board. If the record no longer exists, the person who initiated the request will be notified, with the reason stated. If the record is not in the Board's possession and its existence is not otherwise reasonably ascertainable, the person who initiated the request shall be so notified. If the requested record is the exclusive or primary concern of another agency, the request for such record shall be promptly referred to that agency for further action under its rules, and the person who initiated the request shall be promptly informed of this referral.

(b) If a requested record is identifiable and is subject to determination of availability on the basis of disclosure requirements, the request shall be reviewed by the Executive Secretary of the Board to initially determine its availability. If he determines, as provided by law, that the record is not to be made available to the requesting person, said party shall

be informed in writing of the specific reason(s) why the record is not being disclosed.

(c) If an identifiable record is to be made available for public inspection and copying, the person who requested access to the record shall be promptly advised of the availability of the record. $ 400.1405 Requests for reconsideration

of nonavailability. (a) Any person whose request to inspect a record has been denied because the record was not to be made available for stated reason(s), may request a reconsideration of the initial denial in accordance with procedures set forth in Part 4 of this title.

(b) The decision upon such review shall be made by the Chairman of the Foreign-Trade Zones Board, and shall be based upon the original request, the denial, and any written argument submitted by the person requesting the review.

(c) The decision upon review shall be promptly made in writing and transmitted to the person requesting the review. If the decision is wholly or partly in favor of said person, the requested record to such extent shall be made avail. able for inspection in accordance with $ 400.1404(c). To the extent that the decision is adverse to the request, the reason(s) for the denial shall be stated.

(d) A decision upon review completed as provided herein shall constitute the final decision and action of the Board as to the availability of a requested record, except as may be required by court proceedings initiated pursuant to 5 U.S.C. 552(a) (3). $ 400.1406 Security information.

Nothing in the regulations in $$ 400.1400–400.1406 should be construed to modify or supersede laws, rules, and regulations governing the release of information classified as security information.

CHAPTER VE-BUSINESS AND DEFENSE SERVICES ADMINISTRATION, DEPARTMENT OF COMMERCE

Part 601 602 610

Issuance of licenses under foreign patents owned by the United States.
Instruments and apparatus for educational and scientific institutions.
Adjustment assistance for firms.

Cross REFERENCE: For regulations of the Business and Defense Services Administration under the Defense Production Act of 1950, as amended, see 32A CFR Chapter VI.

PART 601-ISSUANCE OF LICENSES

UNDER FOREIGN PATENTS OWNED

BY THE UNITED STATES Sec. 601.1 Scope. 601.2 Application for licenses. 601.3 Type of license. 601.4 Conditions in licenses. 601.5 Revocation,

AUTHORITY: The provisions of this part 601 issued under E.O. 9865, June 14, 1947, 12 F.R. 3907; 3 CFR, 1947 Supp.

SOURCE: The provisions of this Part 601 appear at 13 F.R. 313, Jan. 22, 1948, unless otherwise noted. Redesignated at 13 F.R. 6623, Nov. 10, 1948. $ 601.1 Scope.

The regulations in this part are issued under the authority contained in Executive Order 9865 dated June 14, 1947. Under the Executive order, the Secretary of Commerce is required, where the best interests of the United States so indicate, to file patent applications in foreign countries covering inventions resulting from Government conducted or financed research embodied in United States patents owned by the Government of the United States. The Secretary of Commerce having obtained such foreign patent rights for the United States Government may issue licenses thereunder to nationals of the United States who make application therefor.

$ 601.2 Application for licenses.

An application for a license should be addressed to the Secretary of Commerce, Washington 25, D. C., Attention: Director, Business and Defense Seryices Administration. It should set forth the name and address of the individual, partnership, or corporation desiring the license, a brief description of the business activities in which engaged, and such other pertinent information as may be desired. The Government of the United States is interested in the maximum use being made of patented processes and devices which it owns, and, accordingly, the Secretary of Commerce will consider the likely ability of the applicant to use the patented process or device before determining that a license should or should not issue. (13 F. R. 313, Jan. 22, 1948, as amended at 18 F. R. 8111, Dec. 10, 1953) $ 601.3 Type of license.

Under existing law, the United States can issue only licenses which are revocable at will. Licenses will also be nonexclusive and royalty-free except where the Secretary of Commerce shall determine and proclaim it to be inconsistent with the public interest to issue licenses on such a basis.

36-033—70-23

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