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shall also constitute an offense punishable under section 401 of title 22 of the United States Code, and such articles, together with any vessel, vehicle or aircraft involved in such attempt shall be subject to seizure, forfeiture, and disposition as provided in section 401 of title 22 of the United States Code.
toms officer may require, in addition to such documents as may be required by customs regulations, the production of other relevant documents and information relating to the proposed exportation, including, but not limited to, invoices, orders, packing lists, shipping documents, correspondence, and instructions. § 127.06 Seizure and forfeiture in at
tempts at illegal exports. (a) Any attempt to export or ship from or take out of the United States any articles on the U.S. Munitions List in violation of the provisions of this subchapter shall constitute
an offense punishable under section 401 of title 22 of the United States Code. Whenever it is known or there shall be probable cause to believe that any articles on the U.S. Munitions List are intended to be or are being or have been exported or removed from the United States in violation of law, such articles and any vessel, vehicle or aircraft involved in such attempt shall be subject to seizure, forfeiture and disposition as provided in section 401 of title 22 of the United States Code.
(b) Similarly, any attempt to violate any of the conditions under which a Temporary Export or Intransit License was issued pursuant to this subchapter
PROCEDURES § 128.01 Exclusion of functions under
section 414 of the Mutual Security
Act of 1954, as amended. The functions conferred by section 414 of the Mutual Security Act of 1954, as amended, are excluded from the following sections of the Administrative Procedure Act: 5 U.S.C. $$ 553, 554. (Sec. 414, as amended, 68 Stat. 848; 22 U.S.C. 1934; secs. 101 and 105, E.O. 10973, 26 F.R. 10469; sec. 6, Departmental Delegation of Authority No. 104, 26 F.R. 10608, as amended, 27 F.R. 9925, 28 F.R. 7231; and Redelegation of Authority No. 104-3-A, 28 F.R. 7231) (Dept. Reg. 108.605, 34 F.R. 12040, July 17, 1969)
NOTE: The recordkeeping and reporting requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.
PART 131–CERTIFICATES OF
AUTHENTICATION Sec. 131.1 Certification of documents. 131.2 Refusal of certification for unlawful
purpose. AUTHORITY: The provisions of this part 131 issued under R.S. 203, sec. 4, 63 Stat. 111, as amended, sec. 1733, 62 Stat. 946, secs. 104, 332, 66 Stat. 174, 252; 22 U.S.C. 2657, 2658, 28 U.S.C. 1733, 8 U.S.C.1104, 1443.
SOURCE: The provisions of this Part 131 appear at 22 F.R. 10882, Dec. 27, 1957, unless otherwise noted.
$ 131.1 Certification of documents.
The Authentication Officer or the Acting Authentication Officer may, and is hereby authorized to, sign and issue certificates of authentication under the seal of the Department of State for and in the name of the Secretary of State or the Acting Secretary of State. The form of authentication shall be as follow:
(Secretary of State) Ву
Department of State) § 131.2 Refusal of certification for un
lawful purpose. (a) The Department will not certify to a document when it has good reason to believe that the certification is desired for an unlawful or improper purpose. It is therefore the duty of the Authentication Officer to examine not only the document which the Department is asked to authenticate, but also the fundamental document to which previous seals or other certifications may have been affixed by other authorities. The Authen
tication Officer shall request such additional information as may be necessary to establish that the requested authentication will serve the interests of justice and is not contrary to public policy.
(b) In accordance with section 3, paragraph 5 of the Export Administration Act of 1969 (83 Stat. 841, Public Law 91–184) approved December 30, 1969, documents which have the effect of furthering or supporting the restrictive trade practices or boycotts fostered or imposed by foreign countries against countries friendly to the United States shall be considered contrary to public policy for purposes of these regulations. [22 F.R. 10882, Dec. 27, 1957, as amended at 30 F.R. 12732, Oct. 6, 1965; Dept. Reg. 108.621, 35 F.R. 8887, June 9, 1970]
The purchase by the Department of State of books, maps, newspapers, periodicals, and other publications shall be made without regard to the provisions of the act approved March 3, 1933 (sec. 2, 47 Stat. 1520; 41 U.S.C. 10a), since determination has been made by the Secretary, as permitted by the provisions of the act, that such purchase is inconsistent with the public interest. (80 Stat. 379; 5 U.S.C. 301) [22 F.R. 10883, Dec. 27, 1957]
SUBCHAPTER 0-CIVIL RIGHTS
PART 141-NONDISCRIMINATION IN
CIVIL RIGHTS ACT OF 1964 Sec. 141.1 Purpose. 141.2 Application of this part. 141.3 Discrimination prohibited. 141.4 Assurances required. 141.5 Compliance information. 141.6 Conduct of investigations. 141.7 Procedure for effecting compliance. 141.8 Hearings. 141.9 Decisions and notices. 141.10 Judicial review. 141.11 Effect on other regulations; forms
and instructions. 141.12 Definitions.
AUTHORITY: The provisions of this part 141 issued under sec. 602, 78 Stat. 252, sec. 4, 63 Stat. 111, as amended; 42 U.S.C. 2000d-1, 22 U.S.C. 2658.
SOURCE: The provisions of this Part 141 appear at 30 F.R. 314, Jan. 9, 1965, unless otherwise noted. f 141.1 Purpose.
The purpose of this part to effectuate the provisions of Title VI of the Civil Rights Act of 1964 (hereafter referred to as the “Act”) to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal
financial assistance from the Department of State. § 141.2 Application of this part.
This part applies to any program for which Federal financial assistance is authorized under a law administered by the Department including the Federallyassisted programs and activities listed in Appendix A of this part. It applies to Federal financial assistance of any form extended under any such program after the effective date of this part, even if the application is approved prior to such effective date. This part does not apply to (a) any Federal financial assistance by way of insurance or guaranty contracts, (b) money paid, property transferred, or other assistance extended under any such program before the effective date of this regulation, (c) any assistance to any individual who is the ultimate beneficiary under any such program, or (d) any employment practice, under any such program, of any employer, employment agency, or labor organization, or (e) any assistance to an activity carried on outside the United States by a person, institution or other entity not located in the United States. Transfers of surplus property in the United States are subject to regulations issued by the Administrator of General Services (41 CFR 101-6.2). § 141.3 Discrimination prohibited.
(a) General. No person in the United States shall, on the ground of race, color,
or national origin be excluded from par- of the objectives of the program as reticipation in, be denied the benefits of, spect individuals of a particular race, or be otherwise subjected to discrimina- color, or national origin. tion under any program to which this (3) As used in this section the services, part applies.
financial aid, or other benefits provided (b) Specific discriminatory actions under a program receiving Federal fiprohibited. (1) A recipient under any nancial assistance shall be deemed to program to which this part applies may include any service, financial aid, or not, directly or through contractual or other benefit provided in or through a other arrangements, on ground of race, facility provided with the aid of Federal color, or national origin:
financial assistance. (i) Deny an individual any service, fi- (4) The enumeration of specific forms nancial aid, or other benefits provided of prohibited discrimination in this paraunder the program;
graph does not limit the generality of the (ii) Provide any service, financial aid, prohibition in paragraph (a) of this or other benefits to an individual which section. is different, or is provided in a different (c) Special programs. An individual manner, from that provided to others shall not be deemed subjected to disunder the program;
crimination by reason of his exclusion (ii) Subject an individual to segre- from the benefits of a program limited by gation or separate treatment in any Federal law to individuals of a particular matter related to his receipt of any serv- race, color, or national origin different ice, financial aid, or other benefit under from his. the program;
$ 141.4 Assurances required. (iv) Restrict an individual in any way in the enjoyment of any advantage or
(a) General (1) Every application privilege enjoyed by others receiving any
for Federal financial assistance to carry service, financial aid, or other benefit
out a program to which this part applies, under the program;
as a condition to its approval and the (v) Treat an individual differently
extension of any Federal financial asfrom others in determining whether he
sistance pursuant to the application, satisfies any admission, enrollment,
shall contain or be accompanied by an quota, eligibility, membership or other
assurance that the program will be conrequirement or condition which indi
ducted or the facility operated in comviduals must meet in order to be provided
pliance with all requirements imposed by any service, financial aid, or other bene
or pursuant to this part. The assurance fit provided under the program;
shall obligate the recipient for the period (vi) Deny an individual an opportuni
during which Federal financial assistty to participate in the program through
ance is extended pursuant to the appli
cation. the provision of services or otherwise or
The responsible Department afford him an opportunity to do so which
official shall specify the form of the foreis different from that afforded others
going assurances for each program, and under the program.
the extent to which like assurances will (2) A recipient, in determining the
be required of subgrantees, contractors types of services, financial aid, or other
and subcontractors, transferees, succesbenefits, or facilities which will be pro
sors in interest and other participants vided under any such program, or the
in the program. Any such assurance class of individuals to whom, or the
shall include provisions which give the situations in which, such services, finan
United States a right to seek its judicial cial aid, other benefits, or facilities will
enforcement. be provided under any such program or
(b) Assurances from institutions. (1) the class of individuals to be afforded an
In the case of any application for Fedopportunity to participate in any such
eral financial assistance to an institution
of higher education, the assurance reprogram, may not, directly or through
quired by this section shall extend to contractual or other arrangements,
admission practices and to all other utilize criteria or methods of adminis
practices relating to the treatment of tration which have the effect of sub- students. jecting individuals to discrimination
(2) The assurance required with rebecause of their race, color, or national spect to an institution of higher educaorigin, or have the effect of defeating or tion, or any other instiution, insofar as substantially impairing accomplishment the assurance relates to the institution's
practices with respect to admission or other treatment of individuals as students, or clients of the institution or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire institution unless the applicant establishes, to the satisfaction of the responsible Department official, that the institution's practices in designated parts or programs of the institution will in no way affect its practices in the program of the institution for which Federal financial assistance is sought, or the beneficiaries of or participants in such program. § 141.5 Compliance information.
(a) Cooperation and assistance. Each responsible Department official shall to the fullest extent practicable seek the cooperation of recipients in obtaining compliance with this regulation and shall provide assistance and guidance to recipients to help them comply voluntarily with this part.
(b) Compliance reports. Each recipient shall keep such records and submit to the responsible Department official or his designee timely, complete and accurate compliance reports at such times, and in such form and containing such information, as the responsible Department official or his designee may determine to be necessary to enable him to ascertain whether the recipient has complied or is complying with this part. In the case of any program under which a primary recipient extends Federal financial assistance to any other recipient, such other recipient shall also submit such compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations under this part.
(c) Access to sources of information. Each recipient shall permit access by the responsible Department official or his designee during normal business hours to such of its books, records, accounts, and other sources of information, and its facilities as may be pertinent to ascertain compliance with this part. Where any information required of a recipient is in the exclusive possession of any other agency, institution or person and this agency, institution or person shall fail or refuse to furnish this information, the recipient shall so certify in its report and shall set forth what efforts it has made to obtain the information.
(d) Information to beneficiaries and participants. Each recipient shall make available to participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the program under which the recipient receives Federal financial assistance, and make such information available to them in such manner, as the responsible Department official finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part. $ 141.6 Conduct of investigations.
(a) Periodic compliance reviews. The responsible Department official or his designee shall from time to time review the practices of recipients to determine whether they are complying with this part.
(b) Complaints. Any persons who believes himself or any specific class of individuals to be subjected to discrimination prohibited by this part may by himself or by a representative file with the responsible Department official a written complaint. A complaint must be filed not later than 90 days from the date of the alleged discrimination, unless the time for filing is extended by the responsible Department official or his designee.
(c) Investigations. The responsible Department official or his designee will make a prompt investigation whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply with this part. The investigation should include, where appropriate, a review of the pertinent practices and policies of the recipient, the circumstances under which the possible noncompliance with this part occurred, and other factors relevant to a determination as to whether the recipient has failed to comply with this part.
(d) Resolution of matters. (1) If an investigation pursuant to paragraph (c) of this section indicates a failure to comply with this part, the responsible Department official or his designee will so inform the recipient and the matter will be resolved by informal means whenever possible. If it has been determined that the matter cannot be resolved by informal means, action will be taken as provided for in § 141.7.
(2) If an investigation does not warrant action pursuant to subparagraph (1) of this paragraph the responsible
Department official or his designee will so inform the recipient and the complainant, if any, in writing.
(e) Intimidatory or retaliatory acts prohibited. No recipient or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by section 601 of the Act or this part, or because he has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this part. The identity of complainants shall be kept confidential except to the extent necessary to carry out the purposes of this part, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. 141.7 Procedure for effecting com
pliance. (a) General. If there appears to be a failure or threatened failure to comply with this part, and if the noncompliance or threatened noncompliance cannot be corrected by informal means, compliance with this part may be effected by the suspension or termination of or refusal to grant or to continue Federal financial assistance or by any other means authorized by law.
(b) Noncompliance with $ 141.4. If an applicant fails or refuses to furnish an assurance required under $ 141.4 or otherwise fails or refuses to comply with a requirement imposed by or pursuant to that section Federal financial assistance may be refused in accordance with the procedures of paragraph (c) of this section. The Department shall not be required to provide assistance in such a case during the pendency of the administrative proceedings under such paragraph except that the Department shall continue assistance during the pendency of such proceedings where such assistance is due and payable pursuant to an application therefor approved prior to the effective date of this part.
(c) Termination of or refusal to grant or to continue Federal financial assistance. No order suspending, terminating or refusing to grant or continue Federal financial assistance shall become effective until (1) the responsible Department official has advised the applicant or recipient of his failure to comply and has determined that compliance cannot be secured by voluntary means, (2) there has been an express
finding on the record, after opportunity for hearing, of a failure by the applicant or recipient to comply with a requirement imposed by or pursuant to this part, (3) the action has been approved by the Secretary pursuant to § 141.9(e), and (4) the expiration of 30 days after the Secretary has filed with the committee of the House and the committee of the Senate having legislative jurisdiction over the program involved, a full written report of the circumstances and the grounds for such action. Any action to suspend or terminate or to refuse to grant or to continue Federal financial assistance shall be limited to the particular political entity, or part thereof, or other applicant or recipient as to whom such a finding has been made and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found.
(d) Other means authorized by law. No action to effect compliance by any other means authorized by law shall be taken until (1) the responsible Department official has determined that compliance cannot be secured by voluntary means, (2) the action has been approved by the Deputy Under Secretary for Administration, (3) the recipient or other person has been notified of its failure to comply and of the action to be taken to effect compliance, and (4) the expiration of at least 10 days from the mailing of such notice to the recipient or other person. During this period of at least 10 days additional efforts shall be made to persuade the recipient or other person to comply with this part and to take such corrective action as may be appropriate. § 141.8 Hearings.
(a) Opportunity for hearing. Whenever an opportunity for a hearing is required by § 141.7(c), reasonable notice shall be given by registered or certified mail, return receipt requested, to the affected applicant or recipient. This notice shall advise the applicant or recipient of the action proposed to be taken, the specific provision under which the proposed action against it is to be taken, and the matters of fact or law asserted as the basis for this action, and either (1) fix a date not less than 20 days after the date or such notice within which the applicant or recipient may request of the responsible Department official that the matter be scheduled for hearing or (2)