furnish a bond with sufficient surety to the Collector of Customs at the port of entry of such property. Such bond shall conform to Bureau of Customs Forms 7551 or 7555, and shall contain such added special condition or conditions as may be appropriate to the case. The penal sum of any such bond shall be three times the value of the property to be imported. (b) The special condition or conditions of each different type bond proposed to be authorized under paragraph (a) of this section shall be submitted by the FEPO to the Commissioner of Customs for his concurrence. No conditional FEP Import Determination or conditional FEP Import Authorization shall be issued with respect to any property unless and until the concurrence of the Commissioner of Customs with respect to the special condition or conditions of the bond applicable thereto shall have been received by the FEPO. (c) Upon receipt of concurrence of the Commissioner of Customs in the special condition or conditions of a proposed bond, the FEPO may issue a conditional FEP Import Determination or conditional FEP Import Authorization as provided in this section. Such conditional FEP Import Determination or conditional FEP Import Authorization shall specify the condition or conditions under which the foreign excess property described therein may be imported into the United States, and shall set forth the special condition or conditions of the bond provided for in this section. The property described therein may thereupon be imported only upon presentation of a conditional FEP Import Authorization in due form, accompanied by an appropriate surety bond, to the Collector of Customs at the port of entry of such property. (d) The Bureau of Customs shall retain custody of bonds furnished under this section and may take appropriate measures to secure compliance with the conditions and obligations of such bonds, and for the enforcement thereof. Determination with respect to the property involved. Such application shall be made on Form FEPF-1 set forth below as Annex 1. Form FEPF-1 may be obtained from the FEPO, Department of Commerce Field Offices, Collectors of Customs or it may be reproduced by an applicant. The instructions contained in Form FEPF-1 are made a part of this Order. Where the applicant is the owner of the foreign excess property which is the subject of the application, and submits proof of ownership thereof as prescribed in § 401.13, the application shall also be treated as a request for an FEP Import Authorization. (b) When it is intended to import property into Alaska, Hawaii, Puerto Rico or the Virgin Islands, the following statement must be entered in Box 5 of Part II of application form FEPF-1, in addition to the other information called for therein: "It is proposed to enter the property covered by this application into (Alaska, Hawaii, Puerto Rico or Virgin Islands— enter one only). In the absence of such a statement it will be assumed that entry into the remaining continental United States is intended. (c) An application which is incomplete in any material respect, or which is not executed in the manner prescribed in the Instructions contained in Form FEPF-1, or which does not lie within the jurisdiction of the FEPO, shall be returned without action by the FEPO to the applicant. (d) In order to permit time for investigation and consideration 15 days will ordinarily be required for processing applications for unused property and 20 days for used property. § 401.12 Issuance of FEP Import Determinations. (a) The determination made by the FEPO that importation of foreign excess property would or would not relieve domestic shortages or otherwise be beneficial to the economy of this country shall be issued on Form FEPF-2, "FEP Import Determination". An FEP Import Determination is not an authorization for the importation of foreign excess property. (b) FEP Import Determination shall be serially numbered, and shall be dated and signed by the FEPO. FEP Import Determinations shall remain in effect for a period of six months from the date thereof. (c) A copy of each FEP Import Determination shall be transmitted to the original applicant and to any other person upon request. § 401.13 Issuance of FEP Import Authorizations. (a) Upon presentation to the FEPO of a Request for FEP Import Authorization (Form FEPF-3), or of Application for FEP Import Determination (From FEPF-1) completely executed including Part II thereof, and proof of ownership of foreign excess property described therein concerning which the FEPO has made a determination that its importation would relieve domestic shortages or otherwise be beneficial to the economy of this county, the FEPO shall issue an FEP Import Authorization (Form FEPF-4). The original of the FEP Import Authorization shall be transmitted to the owner of the property and two copies of each FEP Import Authorization shall be furnished to the Collector of Customs at the proposed port of entry. (b) Proof of ownership shall consist of a photocopy of bill of sale of the property involved or other evidence of title satisfactory to the FEPO. (c) FEP Import Authorizations shall expire upon the expiration date of the FEPO Import Determination with respect to the same property, and shall constitute the sole authority for the importation thereof into the United States within such period. (d) Each original FEP Import Authorization shall be presented to the Collector of Customs for his indorsement at the time of entry of any property described therein. § 401.14 Transfer of FEP Import Authorizations. (a) The holder of an FEP Import Authorization may transfer it to a transferee of the foreign excess property specified therein. If such transfer shall be of all the foreign excess property specified in the FEP Import Authorization, the FEP Import Authorization may be transferred by assignment to the transferee of the property. If such transfer shall be of a part of the foreign excess property specified in the FEP Import Authorization, the holder of the FEP Import Authorization shall return the original FEP Import Authorization to the FEPO together with photocopy of bill of sale of the property transferred and Request for an FEP Import Authorization executed by the transferee. The FEPO shall thereupon cancel the original FEP Import Authorization and issue new FEP Import Authorizations to the original holder and the transferee as their respective interests appear. (b) The FEPO shall notify the Collector of Customs at the proposed port of entry of any such cancellation of an FEP Import Authorization, and shall furnish to such Collector copies of new FEP Import Authorizations issued as a result of any such transfer and Request. § 401.15 Time extensions. A person who has received from the FEPO an FEP Import Authorization may file with the FEPO, prior to the expiration date thereof, a request for an extension of time. Such request shall state any reasons why the extension is needed, and the duration of the extension requested. The FEPO may allow or deny the request in whole or in part. In determining whether a time extension should be granted, the FEPO shall consider whether the importation of the property applied for would relieve domestic shortages or otherwise be beneficial to the economy of this country during the period of such extension. He shall promptly notify the applicant of his decision, and, if he grants an extension of time, he shall promply inform the Collector of Customs at the proposed port of entry. § 401.16 Finality of decisions. Decisions of the FEPO are final when issued. Requests for reconsideration must be in writing and may be entertained by the FEPO in his discretion, but no request for reconsideration shall extend the period within which an appeal must be taken to the Appeals Board from a decision by the FEPO. § 401.17 Appeals. (a) A person aggrieved by the issuance of an FEP Import Determination that the importation of specified and identified foreign excess property would not relieve domestic shortages or otherwise be beneficial to the economy of this country may appeal to the Appeals Board for the Department of Commerce as provided in this section. The Appeals Board shall also have jurisdiction to decide appeals from persons to whom an application has been returned without action pursuant to § 401.11 (c), from persons whose Request for FEP Import Authorization shall have been denied, and from persons whose request for an extension of time pursuant to § 401.15 has been denied. (b) The only grounds for appeal which the Appeals Board will consider are that the FEPO erred: (1) In determining that an application should be returned without action (§ 401.11 (c)). (2) In applying the criteria and principles prescribed in § 401.4 to the facts of the case. (3) In failing or refusing to issue an FEP Import Authorization as provided in § 401.13. (4) In determining that a request for a time extension pursuant to § 401.15 should not be granted. (5) In determining that an application under the Small Lot Procedure established by § 401.6 has failed to meet the conditions specified therein. (c) The Appeals Board shall have jurisdiction of appeals with respect to actions taken pursuant to § 401.19 (a). (d) Appeals from actions of the FEPO must be filed within 30 days of the date of the action appealed from. Such appeals shall be by letter in triplicate addressed to the Appeals Board, Department of Commerce, Washington 25, D.C., Ref: FEP Order No. 1. If the applicant so requests, the Appeals Board shall grant him a hearing at the office of the Board at the Department of Commerce, Washington, D.C. (e) Decisions of the Appeals Board shall be communicated in writing to the FEPO and to the appellant and shall be carried out by an appropriate action of the FEPO. right to submit applications to the FEPO and cancelling any FEP Import Determinations and FEP Import Authorizations issued to such person. (b) Any person who fraudulently or knowingly imports into the United States any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law, shall upon conviction, be fined not more than $10,000 or imprisoned not more than five years, or both. Proof of defendant's possession of such goods, unless explained to the satisfaction of the jury, shall be deemed evidence sufficient to authorize conviction. Merchandise introduced into the United States in violation of this provision, or the value thereof, to be recovered from any person described in this paragraph, shall be forfeited to the United States (18 U.S.C. 545). (c) Any person who knowingly and wilfully makes any false, fictitious or fraudulent statement or representation to an employee of the Department of Commerce or of the Bureau of Customs in any matter concerning the importation of foreign excess property shall, upon conviction, be fined not more than $10,000 or imprisoned not more than five years, or both (18 U.S.C. 1001). § 401.22 Transitional provisions. (a) All FEP Import Determinations and FEP Import Authorizations heretofore issued which are in effect at the time of entry into force of this Order shall remain in force in accordance with their terms. (b) All applications pending before the FEPO at the time of entry into force of this Order shall be considered in accordance with the provisions hereof. Form FEPF-1 (1-7-59) U.S. DEPARTMENT OF COMMERCE BUSINESS AND DEFENSE SERVICES ADMINISTRATION APPLICATION FOR FEP IMPORT To: Foreign Excess Property Officer Business and Defense Services Administration GENERAL INSTRUCTIONS. All information required in Part I of this form must be supplied. Applications not completely filled out or which are not executed as required in these instructions will be returned to applicant without action. This application must be limited to property acquired or to be acquired in a single transaction. Application must be executed by owner or by proposed owner of property. It may not be executed by a broker or agent. When applicant is a partnership, firm, or corporation, application must be signed personally by a partner or duly authorized officer. If sufficient space is not provided for any answer, additional sheets shall be attached and referred to. Exhibits, letters, etc. shall be similarly attached. Part II of this form is to be completed only when the applicant is the owner of the property and is requesting an FEP Import Authorization to import such property into the United States. This application must be submitted in duplicate_to_the Foreign Excess Property Officer, Business and Defense Services Administration, U.S. Department of Commerce, Washington 25, D.C. PART I-ALL ITEMS IN PART I MUST BE COMPLETED The undersigned hereby applies to the Foreign Excess Property Officer for a determination with respect to the importation of the foreign excess property described in Item 3 of this application. 1. NAME OF APPLICANT 2. BUSINESS ADDRESS (Street, City, Zone, State) 3. DESCRIPTION OF PROPERTY. (A detailed description of the property must be furnished, giving as far as practicable for each item the make, type, and quantity, and any identifying marks and serial numbers. If the property has been purchased or is to be purchased from a U.S. Government Agency pursuant to an invitation, to bid, auction or other means of disposal, the item number and the description of the property in the sale catalog must be included or a statement must be made that no such sale catalog has been published.) (Continue with Part I on reverse side) CERTIFICATION. The undersigned company and the official executing this certification on its behalf hereby certifies that the information contained in this application is correct and complete to the best of their knowledge and belief. NAME OF COMPANY SIGNATURE OF APPLICANT DATE The U.S. Code, Title 18 (Crimes and Criminal Procedure), Section 1001, makes it a criminal offense to make a wilfully false statement or representation to any department or agency of the United States as to any matter within its jurisdiction. Any person who knowingly and wilfully makes any false, fictitious, or fraudulent statement or representation to the FEPO or to an employee of the Bureau of Customs in any matter concerning the importation of foreign excess property shall, upon conviction, be fined not more than $10,000 or imprisoned not more than five years, or both (18 U.S.C. 1001). COMPLETE FORM BEFORE SIGNING CERTIFICATION 4. PRESENT OWNERSHIP OF PROPERTY (If applicant checks Item C, submits proof of ownership of property described together with other identifying information required, and completes Part II of this form, this application will also be accepted in lieu of Form FEPF-3, Request for FEP Import Authorization.) B. Owner cther than U.S. Gov't. or Applicant. Supply following information: (1) Name of present owner (2) Address of present owner (3) Present location of property (4) Name of U.S. Gov't. Agency that origi- (5) Location of sale by U.S. Gov't. Agency (6) Date of sale by U.S. nally owned property Gov't. Agency C. Applicant (Attach proof of ownership, i.e., photocopy of bill of sale or other evidence of title). Supply the following information. (1) Location of sale by U.S. Gov't. Agency (4) Present location of property (2) Date of Sale by U.S. (3) Name of selling agency (U.S. Gov't.) Gov't. Agency (5) Name and address of seller if property purchased from other than U.S. Gov't. Agency 5. Domestic shortage of property or other benefit to the economy of this country (State whether importation of the property would relieve domestic shortages, or whether, and in what respects, importation would benefit the domestic economy. Such statements must be accompanied by all available supporting evidence, including, for example, supply-demand data, production and consumption statistics, statement of inability to obtain the type of property domestically, statements of manufacturers that production has been discontinued and no substitutes are reasonably available, and the like.) PART II-TO BE COMPLETED ONLY IF APPLICANT IS OWNER OF PROPERTY, HAS CHECKED ITEM 4C, AND HAS ATTACHED PROOF OF OWNERSHIP The undersigned, as owner of the foreign excess property described in Item 3 above, hereby requests the Foreign Excess Property Officer to issue an FEP Importation Authorization for the importation of such property into the United States 1. Proposed date and port of importation 2. Name of ship or other carrier, if known Date Port 3. Bureau of Customs Data (If property is held in a U.S. Customs warehouse, or otherwise in control of the Bureau of Customs, give full particulars regarding the following): (a) Status of property (b) Type of Customs entry (Sign Certification on Face of Form) (c) Identifying Customs numbers and symbols |