(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 practice 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 Commerce 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 official 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

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]

PARTS 391-398 [RESERVED]

PART 399-COMMODITY CONTROL LIST AND RELATED MATTERS

Sec. 399.1 399.2 Commodity Interpretations; incorporation by reference.

Commodity Control List; incorporation 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 399 contained in 13th Gen. Rev. of Export Regs., 35 F.R. 9207, June 12, 1970, unless otherwise noted.

§ 399.1

Commodity Control List; incorporation 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 International 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; incorporation 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 International 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.

Part

rules of procedure.

Construction of schedules.
Additional instructions.

400.1013
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

Availability of materials for in

spection and copying.

Requests for identifiable records. 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. 81a-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