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furnish a bond with sufficient surety to Determination with respect to the propthe Collector of Customs at the port of erty involved. Such application shall be entry of such property. Such bond shall made on Form FEPF-1 set forth below conform to Bureau of Customs Forms as Annex 1. Form FEPF-1 may be ob7551 or 7555, and shall contain such tained from the FEPO, Department of added special condition or conditions as Commerce Field Offices, Collectors of may be appropriate to the case. The Customs or it may be reproduced by an penal sum of any such bond shall be applicant. The instructions contained three times the value of the property to in Form FEPF-1 are made a part of be imported.
this Order. Where the applicant is the (b) The special condition or conditions owner of the foreign excess property of each different type bond proposed to
which is the subject of the application, be authorized under paragraph (a) of and submits proof of ownership thereof this section shall be submitted by the as prescribed in § 401.13, the application FEPO to the Commissioner of Customs shall also be treated as a request for an for his concurrence. No conditional FEP FEP Import Authorization. Import Determination or conditional (b) When it is intended to import FEP Import Authorization shall be is- property into Alaska, Hawaii, Puerto sued with respect to any property unless Rico or the Virgin Islands, the followand until the concurrence of the Com- ing statement must be entered in Box missioner of Customs with respect to the 5 of Part II of application form FEPF-1, special condition or conditions of the in addition to the other information bond applicable thereto shall have been called for therein: "It is proposed to received by the FEPO.
enter the property covered by this ap(c) Upon receipt of concurrence of plication into
(Alaska, Hathe Commissioner of Customs in the spe- waii, Puerto Rico or Virgin Islandscial condition or conditions of a proposed enter one only). In the absence of such bond, the FEPO may issue a conditional
a statement it will be assumed that entry FEP Import Determination or condi
into the remaining continental United tional FEP Import Authorization as pro
States is intended. vided in this section. Such conditional (c) An application which is incomFEP Import Determination or condi- plete in any material respect, or which tional FEP Import Authorization shall
is not executed in the manner prescribed specify the condition or conditions un
in the Instructions contained in Form der which the foreign excess property
FEPF-1, or which does not lie within the described therein may be imported into
jurisdiction of the FEPO, shall be rethe United States, and shall set forth turned without action by the FEPO to the special condition or conditions of the
the applicant. bond provided for in this section. The (d) In order to permit time for invesproperty described therein may there
tigation and consideration 15 days will upon be imported only upon presenta
ordinarily be required for processing tion of a conditional FEP Import Author- applications for unused property and 20 ization in due form, accompanied by an days for used property. appropriate surety bond, to the Collector
$ 401.12 Issuance of FEP Import Deof Customs at the port of entry of such
(d) The Bureau of Customs shall re- (a) The determination made by the tain custody of bonds furnished under FEPO that importation of foreign exthis section and may take appropriate cess property would or would not relieve measures to secure compliance with the domestic shortages or otherwise be beneconditions and obligations of such bonds, ficial to the economy of this country shall and for the enforcement thereof.
be issued on Form FEPF-2, “FEP Import § 401.11 Applications.
Determination". An FEP Import Deter
mination is not an authorization for the (a) Any person proposing to import importation of foreign excess property. foreign excess property (other than (b) FEP Import Determination shall property exempted from the requirement be serially numbered, and shall be dated of an FEP Import Authorization pur- and signed by the FEPO. FEP Import suant to $ 401.5, § 401.7, § 401.8, or Determinations shall remain in effect § 401.9), shall make application in dupli- for a period of six months from the date cate to the FEPO for an FEP Import thereof.
(c) A copy of each FEP Import De- bill of sale of the property transferred termination shall be transmitted to the and Request for an FEP Import Authorioriginal applicant and to any other per- zation executed by the transferee. The son upon request.
FEPO shall thereupon cancel the orig$ 401.13 Issuance of FEP Import Au
inal FEP Import Authorization and isthorizations.
sue new FEP Import Authorizations to
the original holder and the transferee (a) Upon presentation to the FEPO as their respective interests appear. of a Request for FEP Import Authori- (b) The FEPO shall notify the Colzation (Form FEPF-3), or of Applica- lector of Customs at the proposed port of tion for FEP Import Determination entry of any such cancellation of an (From FEPF-1) completely executed in- FEP Import Authorization, and shall cluding Part II thereof, and proof of furnish to such Collector copies of new ownership of foreign excess property de- FEP Import Authorizations issued as a scribed therein concerning which the result of any such transfer and Request. FEPO has made a determination that its importation would relieve domestic
8 401.15 Time extensions. shortages or otherwise be beneficial to A person who has received from the the economy of this county, the FEPO FEPO an FEP Import Authorization may shall issue an FEP Import Authorization file with the FEPO, prior to the expira(Form FEPF-4). The original of the tion date thereof, a request for an exFEP Import Authorization shall be tension of time. Such request shall state transmitted to the owner of the prop- any reasons why the extension is needed, erty and two copies of each FEP Import and the duration of the extension reAuthorization shall be furnished to the quested. The FEPO may allow or deny Collector of Customs at the proposed the request in whole or in part. In deport of entry.
termining whether a time extension (b) Proof of ownership shall consist
should be granted, the FEPO shall conof a photocopy of bill of sale of the sider whether the importation of the property involved or other evidence of property applied for would relieve dotitle satisfactory to the FEPO.
mestic shortages or otherwise be bene(c) FEP Import Authorizations shall ficial to the economy of this country durexpire upon the expiration date of the ing the period of such extension. He FEPO Import Determination with re- shall promptly notify the applicant of his spect to the same property, and shall decision, and, if he grants an extension constitute the sole authority for the im- of time, he shall promply inform the portation thereof into the United States Collector of Customs at the proposed within such period.
port of entry. (d) Each original FEP Import Au
§ 401.16 Finality of decisions. thorization shall be presented to the Collector of Customs for his indorse- Decisions of the FEPO are final when ment at the time of entry of any prop- issued. Requests for reconsideration erty described therein.
must be in writing and may be enter
tained by the FEPO in his discretion, but § 401.14 Transfer of FEP Import Au
no request for reconsideration shall exthorizations.
tend the period within which an appeal (a) The holder of an FEP Import must be taken to the Appeals Board Authorization may transfer it to a trans- from a decision by the FEPO. feree of the foreign excess property specified therein. If such transfer shall be
§ 401.17 Appeals. of all the foreign excess property spec- (a) A person aggrieved by the issuified in the FEP Import Authorization, ance of an FEP Import Determination the FEP Import Authorization may be that the importation of specified and transferred by assignment to the trans- identified foreign excess property would feree of the property. If such transfer not relieve domestic shortages or othershall be of a part of the foreign excess wise be beneficial to the economy of this property specified in the FEP Import country may appeal to the Appeals Authorization, the holder of the FEP Board for the Department of Commerce Import Authorization shall return the as provided in this section. The Appeals original FEP Import Authorization to Board shall also have jurisdiction to the FEPO together with photocopy of decide appeals from persons to whom
an application has been returned with- right to submit applications to the FEPO out action pursuant to § 401.11(c), from and cancelling any FEP Import Deterpersons whose Request for FEP Import minations and FEP Import AuthorizaAuthorization shall have been denied, tions issued to such person. and from persons whose request for an (b) Any person who fraudulently or extension of time pursuant to g 401.15 knowingly imports into the United States has been denied.
any merchandise contrary to law, or (b) The only grounds for appeal receives, conceals, buys, sells, or in any which the Appeals Board will consider manner facilitates the transportation, are that the FEPO erred:
concealment or sale of such merchandise (1) In determining that an applica- after importation, knowing the same to tion should be returned without action have been imported or brought into the ($ 401.11(c)).
United States contrary to law, shall (2) In applying the criteria and prin- upon conviction, be fined not more than ciples prescribed in $ 401.4 to the facts of $10,000 or imprisoned not more than five the case.
years, or both. Proof of defendant's (3) In failing or refusing to issue an possession of such goods, unless exFEP Import Authorization as provided plained to the satisfaction of the jury, in § 401.13.
shall be deemed evidence sufficient to (4) In determining that a request for authorize conviction. Merchandise ina time extension pursuant to $ 401.15 troduced into the United States in violashould not be granted.
tion of this provision, or the value there(5) In determining that an appli- of, to be recovered from any person cation under the Small Lot Procedure es- described in this paragraph, shall be tablished by $ 401.6 has failed to meet forfeited to the United States (18 U.S.C. the conditions specified therein.
545). (c) The Appeals Board shall have (c) Any person who knowingly and jurisdiction of appeals with respect to wilfully makes any false, fictitious or actions taken pursuant to § 401.19(a). fraudulent statement or representation
(d) Appeals from actions of the FEPO to an employee of the Department of must be filed within 30 days of the date
Commerce or of the Bureau of Customs of the action appealed from. Such ap- in any matter concerning the importapeals shall be by letter in triplicate ad- tion of foreign excess property shall, dressed to the Appeals Board, Depart
upon conviction, be fined not more than ment of Commerce, Washington 25, D.C.,
$10,000 or imprisoned not more than five Ref: FEP Order No. 1. If the applicant
years, or both (18 U.S.C. 1001). so requests, the Appeals Board shall grant him a hearing at the office of the
$ 401.20 Cancellation of certain deter. Board at the Department of Commerce,
minations. Washington, D.C. (e) Decisions of the Appeals Board
(a) All authorizations, permits, detershall be communicated in writing to the minations, licenses, and approvals issued FEPO and to the appellant and shall be
on or before December 31, 1955, by the carried out by an appropriate action of
FEPO for the importation of foreign the FEPO.
excess property are hereby canceled, re
scinded and revoked. § 401.18 Exemption of Government
(b) Nothing contained in this part owned property.
shall be construed as extending the Nothing in this part shall be construed validity of any authorization, permit, as limiting the authority of any Govern- license, or approval for the importation ment agency to import Government- of foreign excess property which shall owned property into the United States. have expired in accordance with the § 401.19 Violations and penalties.
terms thereof. (a) Any person who imports, or at
§ 401.21 Communications. tempts to import, foreign excess property All communications concerning this into the United States and who fails to part shall, unless otherwise stated, be comply, both before and after such im- addressed to the Foreign Excess Property portation or attempted importation, Officer, Business and Defense Services with the provisions of this part is subject Administration. Department of Comto administrative action terminating his merce, Washington 25, D.C.
$ 401.22 Transitional provisions.
§ 401.23 Revocations of previous dele
gations and orders. (a) All FEP Import Determinations and FEP Import Authorizations hereto
This Order supersedes Foreign Excess fore issued which are in effect at the
Property Order No. 1 (Revised) 24 F.R. time of entry into force of this Order
366, as amended 24 F.R. 5119, 24 F.R. shall remain in force in accordance with
8548, 25 F.R. 7031, and all Orders and their terms.
delegations prior thereto. The supersession of prior orders and delegations
hereby does not revive any rights, priv(b) All applications pending before ileges, licenses, or permits heretofore the FEPO at the time of entry into force issued which have expired by passage of of this Order shall be considered in ac- time or have been terminated pursuant cordance with the provisions hereof. to any such prior Order or delegation.
Form Approved, Budget Bureau No. 41-R-1959
Form FEPF-1 (1-7-59)
U.S. DEPARTMENT OF COMMERCE BUSINESS AND DEFENSE SERVICES ADMINISTRATION
APPLICATION FOR FEP IMPORT
GENERAL INSTRUCTIONS. All information re
quired 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.
To: Foreign Excess Property Officer
Business and Defense Services Administration
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
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 prop
erty 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
nally owned property
(6) Date of sale by U.S.
C. Applicant (Attach proof of ownership, i.e., photocopy of bill of sale or other evidence of title). Supply the fol
(1) Location of sale by U.S. Gov't. Agency (2) Date of Sale by U.S.
(3) Name of selling agency (U.S. Gov't.)
(4) Present location of property
(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
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
(c) Identifying Customs num
bers and symbols
(Sign Certification on Face of Form)