Page images
PDF
EPUB

(3) Nothing in the provisions of this $ 390.1 shall be construed to restrict in any manner the right of any person or firm to discuss any export control matter with the Department of Commerce or to offer advice or information on export control matters. Similarly, nothing in these provisions shall be construed to restrict the Department of Commerce in consulting any person or firm relative to any export control matters. (13th Gen. Rev., Export Regs., Amdt. 66, 38 FR 20332, July 31, 1973] & 390.2 Conduct of business and prac

tice 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 Domestic and International Business Administration 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 of this subchapter.

(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 Domestic and International Business Administration of the U.S. Department of Com

ce 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 Administration Act, 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 Domestic and International Business Administration on the representation, express or implied, that such person, through personal acquaintance or otherwise, possesses special influence over any officer or employee of the Domestic and International Business Administration.

(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 Administration Act or any order or regulation issued thereunder.

(3) Definition. As used in this § 390.2, the terms "practice before the Domestic and International Business Administration" and "appear before the Domestic and International Business Administration" include:

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

(ii) Conferences or other communications on behalf of another with officers or employees of the Domestic and International Business Administration for the purpose of soliciting or expediting approval by the Domestic and International Business Administration 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 Domestic and International Business Administration.

(iii) Participaton on behalf of another in any proceeding pending before the Domestic and International Business Administration; and

(iv) The submission to a customs ofiticial 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 of this subchapter.

(b) Employees and former employees. Persons who are or at any time have been

me

PARTS 391–398 [RESERVED

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, sections 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 section 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 merce, the Office of Export Administration will make available daily, for each validated 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. Pursuant to section 7(c) of Export Administration Act of 1969, no other specific information regarding any general or validated export license, any other authorization regarding export or reexport, or any Shipper's Export Declaration will be made available to the public by the Office of Export Administration, except with the approval of the Secretary of Commerce. [13th Gen. Rev. of Export Regs., Amdt. 9, 35 F.R. 16532, Oct. 23, 1970)

PART 399-COMMODITY CONTROL

LIST AND RELATED MATTERS Sec. 399.1 Commodity Control List; incorpora

tion by reference. 399.2 Commodity Interpretations; incor

poration by reference. AUTHORITY: Sec. 4, 83 Stat. 842; (50 U.S.C. App. 2403); E.O. 11533, 35 FR 8799, 3 CFR, 1970 Comp., p. 134; E.O. 11683, 37 FR 117813, 3A CFR, 1972 Comp., p. 202.

SOURCE: The provisions of this part 899 contained in 13th Gen. Rev. of Export Regs., 35 F.R. 9207, June 12, 1970, unless otherwise noted. $ 399.1 Commodity Control List; incor

poration by reference. (a) The text of the current edition of the Commodity Control List as published in the U.S. Department of Commerce Export Administration Regulations which is referred to and invoked by provisions in this subchapter B, is hereby incorporated by reference pursuant to 5 U.S.C. 552(a) (1) and 1 CFR Part 20.

(b) The Commodity Control List is available at the following places: Superintendent of Documents, Government

Printing Office, Washington, D.C. 20402. Exporters Service Section, Office of Export Administration, Domestic and International Business Administration, Department of Commerce, Washington, D.C.

20230. Field Offices of the Domestic and Interna

tional Business Administration, Department of Commerce.

(c) Revisions, amendments, revocations, deletions, recodifications, redesignations, and corrections will be issued in Export Administration Bulletins from time to time by the Office of Export Administration Domestic and International Business Administration, Department of Commerce, Washington, D.C. 20230, in the form of replacement pages or insert sheets, and an official historic file will be maintained by the Office of Export Administration. $ 399.2 Commodity Interpretations; in

corporation by reference. (a) The text of the current edition of the Commodity Interpretations as published in the Export Administration Regulations which is referred to and invoked by provisions in this Subchapter B, is hereby incorporated by reference pursuant to 5 U.S.C. 552(a) (1) and 1 CFR Part 20.

(b) The Commodity Interpretations are available at the following places: Superintendent of Documents, Government

Printing Office, Washington, D.C. 20402. Exporters Service Section, Office of Export

Administration, Domestic and International Business Administration, Department of Commerce, Washington, D.C. 20230.

Field Offices of the Domestic and Interna

tional Business Administration, Department of Commerce.

(c) Revisions, amendments, revocations, deletions, recodifications, redesignations, and corrections will be issued in Export Administration Bulletins, from time to time by the Office of Export Administration and an historic file will be maintained by the Office of Export Administration.

CHAPTER IV-FOREIGN-TRADE ZONES BOARD

Part 400 General regulations governing foreign-trade zones in the United States, with

rules of procedure. PART 400—GENERAL REGULATIONS Sec.

Construction and operation of GOVERNING FOREIGN-TRADE 900.803

equipment for segregation from ZONES IN THE UNITED STATES,

customs territory and quarters WITH RULES OF PROCEDURE

for personnel.

ELIGIBLE APPLICANTS
DEFINITIONS
Sec.

400.500 Grants made to corporations. 400.100 Act.

400.501 Requirements for grant where har. 400.101 Zone.

bor facilities owned and con400.102 Secretary of Commerce.

trolled by State and by munic400.103 Board.

ipality. 400.104 State.

400.502 Act of State legislature necessary 400.105 Corporation.

in case of private corporations, 400.106 Applicant.

400.503 Preference to public corporations. 400.107 Grantee. 400.108 District Director of Customs.

APPLICATIONS FOR GRANTS 400.109 District Engineer.

400.600 Address. 400.110 Examiner.

400.601 Number of copies. JURISDICTION AND AUTHORITY OF BOARD

400.602 Form and content.

400.603 Exhibits. 400.200 Duties of the Board.

400.604 Additional information. 400-201 Cooperation with other agencies.

400.605 Public notice of application. 400.202 Cooperation with Board of other

400.606 Amendments. agencies of the Government.

400.607 Applications for expansion of zone 400.203 Executive Order No. 7104.

and modification of zone boundNUMBER AND LOCATION OF ZONES

aries.

400.608 Determining filing date. 400.300 Each port of entry entitled to at 400.609 Information exempt from publlo least one zone.

inspection. 400.301 Port of entry located in more than one State entitled to a zone in

GRANTS SUBJECT TO CONDITIONS each such State.

400.700 Failure to comply with conditions 400.302 Zone may be authorized in each of

of grant. two cities separated by water in

400.701 Disposition of grant prohibited. one port of entry. 400.303 Additional zones in port of entry

400.702 Special conditions. may be authorized by Board.

OPERATION OF ZONE 400.304 Zones for specialized purposes.

400.800 Operations in zone, and forms and ECONOMIC, FINANCIAL, AND PHYSICAL REQUIRE

procedures. MENTS FOR ESTABLISHMENT OF ZONE

400.801 Merchandise permitted in a zone. 400.400 Economic survey of proposed zone. 400.802 Disposition of merchandise in a 400.401 Proof of ability of applicant ade

zone. quately to finance zone.

400.803 Manipulation, manufacture, and 400.402 Physical facilities required in the

exhibition of merchandise. operation of a zone.

400.804 Status of merchandise in a zone.

Sec. 400.805 Use of zone by carriers. 400.806 Subsequent importation of zone

merchandise. 400.807 Exclusion from zone of goods or

process of treatment. 400.808

Retail trade within zone. 400.809 Residence within zone. 400.810 Employees and persons entering

and leaving zone. 400.811 All persons entering zone bound

by regulations. 400.812 Identification of employees within

zone. 400.813

Hours of business and service. 400.814 Payment of customs officers and

employees. 400.815 Erection of buildings within zone

by persons other than grantee.

MAINTENANCE OF ZONE 400.300 Structures and facilities to be

maintained in good order. 400.901 Penalty for failure to make repairs

or alterations.

ADMINISTRATION OF ZONE 400.1000 Operation, maintenance and ad

ministration. 400.1001 Regulations promulgated by gran.

tee, and posting of regulations

within zone. 400.1002 Grantee's reports to Board. 400.1002a Uniform system of accounts, roc

ords, and reports. 400.1003 Zones to be operated as public

utilities. 400.1004 Inspection of zones. 400.1005 Separability of regulations in event

of invalidity. 400.1006 Changes in regulations. 400.1007 Authority for publishing, posting,

and fling of schedules of rates

and charges. 400.1008 Adoption and Issuance of sched

ules. 400.1009 Definitions. 400.1010 Designation of agent for Issuance

of schedules. 400.1011 Uniformity of schedules. 400.1012 Construction of schedules. 400.1013 Additional instructions. 400.1014 Requirements for accounts, rec

ords, and reports.

USE OF GOVERNMENT PROPERTY 400.1100 Use of Government property. VIOLATION OF PROVISIONS OF ACT OR

REGULATIONS 400.1200 Fine imposed for violation of act

or regulations. 400.1201 Revocation of grant. 400.1202 Procedure for revocation. 400.1203 Appeal from revocation order.

RULES OF PROCEDURE AND PRACTICE 400.1800 Headquarters. 400.1301 Executive Secretary of the Board. 400.1302 Committee of Alternates.

Sec. 400.1303 Transaction of board business. 400.1304 Order of business. 400.1305 Authorization for hearings. 400.1306 Orders of Board. 400.1307 Applications. 400.1308 Examiners Committee. 400.1309 Hearings before Examiners. Com

mittee. 400.1310 Submission of further evidence. 400.1311 Rehearing on application. 400.1312 Action of Board on application. 400.1813 Payment for inspection. 400.1314 Construction of zone. 400.1315 Evidence. 400.1316 Object of hearing. 400.1317 Notice of hearing. 400.1318 Procedure at hearing. 400.1319 Adjournment of hearing. 400.1320 Record of proceedings. 400.1321 Additional rules of practice.

PUBLIC INFORMATION 400.1400 Policy. 400.1401 Public information activities. 400.1402 Availability of materials for in

spection and copying. 400.1403 Requests for identifiable records. 400.1404 Determinations of availability of

records. 400.1405 Requests for reconsideration of

nonavailability. 400.1406 Security information.

AUTHORITY: The provisions of this part 400 issued under sec. 8, 48 Stat. 1000; 19 U.S.C. 81h, unless otherwise noted.

SOURCE: The provisions of this part 400 contained in Regulations, June 29, 1935, unless otherwise noted.

DEFINITIONS $ 400.100 Act.

The term “Act” means the ForeignTrade Zones Act of June 18, 1934 (48 Stat. 998-1003; 19 U.S.C. 818-81u), as amended by Public Law 566, 81st Congress, approved June 17, 1950. (Order 29, 17 F. R. 5316, June 11, 1952) $ 400.101 Zone.

The term “zone" means a “foreigntrade zone.” It is an isolated, enclosed, and policed area, operated as a public utility, in or adjacent to a port of entry, furnished with facilities for lading, unlading, handling, storing, mainipulating, manufacturing, and exhibiting goods, and for reshipping them by land, water, or air. Any foreign and domestic merchandise, except such as is prohibited by law or such as the Board may order to be excluded as detrimental to the public interest, health, or safety may be brought into a zone without being subject to the customs laws of the United States governing the entry of goods or the

« PreviousContinue »