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ule and should not be confused there- tunity to be heard. The testimony taken with.
before the Board shall be reduced to All items carried in the schedule shall writing and filed in the records of the be numbered in consecutive sequence. Board, together with the decision [Par. 7, Instr., Feb. 7, 1938]
(Sec. 18, 48 Stat. 1002, as amended; 19 U.S.C. $ 400.1014 Requirements for accounts,
81r) records, and reports.
$ 400.1202 Procedure for revocation. Zone grantees shall maintain their accounts in accordance with generally ac
In the conduct of any proceeding for cepted principles of accounting, and in
the revocation of a grant the Board may compliance with any requirements of compel the attendance of witnesses, the Federal, State, or local governmental giving of testimony, and the production agencies having appropriate jurisdiction of documentary evidence; and for such over the grantee. As to other records and purposes may invoke the aid of the disreports, applicable provisions of the Uni- trict courts of the United States. form System of Accounts, Records, and (Sec. 18, 48 Stat. 1002, as amended; 19 U.S.C. Reports, approved by the Board on Feb- 81r) ruary 6, 1939, shall remain in effect,
$ 400.1203 Appeal from revocation as modified by instructions issued by the order. Executive Secretary concerning preparation of Annual Reports dated July 6,
An order issued by the Board revok1964. Records kept under the System
ing the grant shall be final and conclushall be retained for 5 years after the
sive, unless within 90 days after its servmerchandise covered by such records has
ice the grantee appeals to the circuit been forwarded from the zone.
court of appeals for the circuit in which
the zone is located is filing with the clerk (Order 86, 36 F.R. 24930, Dec. 24, 1971)
of said court a written petition praying USE OF GOVERNMENT PROPERTY that the order of the Board be set aside. & 400.1100 Use of Government property.
Such order shall be stayed pending the
disposition of appellate proceedings by If the title to or right of user of the court. The clerk of the court in any of the property to be included in a
which such a petition is filed shall immezone is in the United States, an agree- diately cause a copy thereof to be delivment to use such property for zone pur- ered to the Board, and it shall forthwith poses may be entered into between the
prepare, certify, and file in the court a grantee and the department or officer of
full and accurate transcript of the record the United States having control of the
in the proceedings held before it, under same, under such conditions, approved sections 18(c) of the act (48 Stat. 1002; by the Board and such department or 18 U.S.C. 81r (c)), the charges, the eviofficer as may be agreed upon.
dence, and the order revoking the grant. VIOLATIONS OF PROVISIONS OF ACT OR
The testimony and evidence taken or subREGULATIONS
mitted before the Board, duly certified
and filed as a part of the record, shall be $ 400.1200 Fine imposed for violation considered by the court as the evidence of act or regulations.
in the case. In case of a violation of the act or (Sec. 18, 48 Stat. 1002, as amended; 19 U.S.C. of any regulation under the act by the 81r) grantee, any officer, agent, or employee RULES OF PROCEDURE AND PRACTICE thereof responsible for or permitting any
$ 400.1300 Headquarters. such violation shall be subject to a fine of not more than $1,000. Each day dur
The headquarters of the Board shall ing which a violation continues shall
be the Department of Commerce, Washconstitute a separate offense.
ington, D.C. (Sec. 19, 48 Stat. 1003; 19 U.S.C. 818)
$ 400.1301 Executive Secretary of the
Board. $ 400.1201 Revocation of grant.
The Secretary of Commerce, as ChairIn the event of repeated willful viola
man and Executive Officer of the Board, tions by the grantee of any of the pro- shall appoint an Executive Secretary of visions of the act, the Board may revoke the Foreign-Trade Zones Board. As the grant after 4 months' notice to the principal operating official of the Board, grantee and after affording it an oppor- the Executive Secretary shall:
(a) Represent the Board in all ad- committee shall meet at the call of its ministrative, regulatory, and operational chairman. matters within the purview of the Board.
$ 400.1303 Transaction of board busi. (b) Direct the execution of the orders
ness. of the Board. (c) Initiate recommendations to the
(a) Meetings of the Board will be held Board for overall administration of the
on call of the Chairman. Two members Foreign-Trade Zones Act.
of the Board shall be necessary for a (d: Conduct periodic inspection of the
(b) At the option of the Chairman, the (e) Provide information and advisory Board may conduct its business, includassistance to Federal, State, and Munic
ing voting, without an actual meeting ipal agencies, to the business commu
being held, provided that no Board memnity, and to the general public.
ber has requested a meeting. When busi(f) Arrange meetings of the Board and
ness is so conducted, Board members may Its Committee of Alternates, including
communicate their views and recomprovisions for minutes and necessary
mendations by such means as telephone records.
and memorandum, but the votes of mem(g) Maintain custody of the seal, rec
bers shall be made in writing and subords, files, and correspondence of the
mitted to the Executive Secretary for Board.
entry in the voting record. (h) Appoint staff members, including
(c) Final votes of each Board meman Assistant Executive Secretary, who
ber, including dissenting votes, will be may act for him in his absence.
recorded and the voting record shall be (i) Authorize in appropriate cases
available for public inspection. amendments to applications filed with [Order 86, 36 F.R. 24930, Dec. 24, 1971) the Board, except that no substantive
400.1304 Order of business. changes may be authorized after notice of a public hearing, or an invitation for
The order of business at Board meetcomments, has been published.
ings shall be as follows: (j) Approve in appropriate cases, with
(a) Reading of minutes of preceding the prior recommendations of the Dis- meeting. trict Director of Customs and the District (b) Report of secretary of Board. Engineer, requests for minor modifica
(c) Amendments to regulations or tions to zone boundaries which will not rules. result in an expansion of zone operations. (d) Applications for grants or amend(k) Approve in appropriate cases, with
ments to grants. the prior approval of the District Di
(e) Consideration of matters conrector of Customs, requests to permit the
nected with operation, maintenance, or use of alternate fencing to that specified
administration of zones. in $ 400.403.
(f) Miscellaneous business. (1) Perform such other duties as may
(g) Adjournment. be required by the Secretary of Com- $ 400.1305 Authorization for hearings. merce, as Executive Officer of the Board, and as the Board may direct.
The Board, or its Chairman, may au(Order 74, 32 F.R. 13714, Sept. 30, 1967; as
thorize hearings or rehearings. Such amended by Order 86, 36 F.R. 24930, Dec. 24,
hearings will ordinarily be held before 1971)
the Committee of Alternates. The
Examiners Committee is authorized to § 400.1302 Committee of Alternates.
hold hearings as provided in $ 400.1309. Each member of the Board shall designate an alternate to serve on a Commit
(Regulations, June 29, 1935, as amended by
Order 86, 36 F.R. 24930, Dec. 24, 1971] tee of Alternates. The alternate of the chairman of the Board shall be chairman $ 400.1306 Orders of Board. of the committee. The committee shall
Orders of the Board shall be made of review and prepare all matters for pres
record, numbered serially, and published entation to the Board, shall hold such
from time to time for the information hearings and rehearings as may be di
and guidance of all concerned. rected by the chairman of the Board, and shall perform all other duties designated
$ 400.1307 Applications. by the Board except such as are specifi- Upon receipt of an application, the cally imposed by law on the Board. The Executive Secretary of the Foreign
Trade Zones Board will designate an examiner who will investigate the application and accompanying exhibits for compliance with the provisions of $$ 400.600 to 400.608. [ Order 47, 23 F.R. 5417, July 17, 1958) $ 400.1308 Examiners Committee.
If the application and accompanying exhibits are in order, the Executive Secretary of the Foreign-Trade Zones Board will appoint an Examiners Committee and designate a chairman. This committee will consist of the examiner appointed by the Executive Secretary who has examined the application as provided in $ 400.1307, the Regional Commissioner of Customs or his designee and the District Engineer in whose districts the proposed zone is to be located. The committee will then make a thorough investigation of the application and report its findings to the Board. [Order 47, 23 F.R. 5417, July 17, 1958, as amended by Order 74, 32 F.R. 13715, Sept. 30, 1967] $ 400.1309 Hearings before Examiners
Committee. In conducting its investigation the Examiners Committee is authorized to hold hearings and take evidence as provided in $ $ 400.1316–400.1321. § 400.1310 Submission of further evi
dence. Should the report of the Examiners Committee be unfavorable, notice will be sent to the applicant, who will be permitted to apply for permission of the Board to present further evidence in support of his application either orally, in writing, or both. $ 400.1311 Rehearing on application.
Should the request of the applicant to submit further evidence be granted, the applicant will be notified and, if a hearing is desired, a date fixed therefor before the Committee of Alternates. $ 400.1312 Action of Board on appli
cation. After the Board's consideration of the application is completed, unless further information is required by the Board, the grant will be made or denied. $ 400.1313 Payment for inspection.
The Board shall specify, and applicants and grantees shall pay, the cost of inspection of construction. Prior to the issuance of a grant, the applicant shall de
posit promptly with the district engineer a certified check in an amount specified as prescribed above, covering such cost. Certified checks in amounts specified by the Board will also be required to be deposited promptly by grantees with the district engineer covering costs of subsequent inspections of major alterations. In the event the amount originally specified is insufficient to pay for the cost of inspection, the Board shall specify the additional amount or amounts required, which shall be paid promptly by the applicant or grantee, as the case may be. Such funds shall be carried in a special deposit account by the district engineer in accordance with existing law and regulations. If certified checks, which have been deposited, are in amounts in excess of the cost of supervision of construction, the district engineer shall refund such excess. $ 400.1314 Construction of zone.
Construction will be under the supervision of the Secretary of the Army and Chief of Engineers; such supervision shall be exercised by the District Engineer who shall enforce compliance with the terms of the grant. (Order 17, 14 F.R. 3671, July 2, 1949) $ 400.1315 Evidence.
In its discretion, and upon its own motion or upon the motion of any interested party, the Board may give an opportunity to, or require, any party to any proceedings before the Board to present documentary or other written or oral evidence bearing upon any application, declaration, protest, petition, or complaint made to the Board. The Board may order that hearings be held for the purpose of taking testimony or receiving records not under the control of a party to proceedings before the Board, or for the purpose of taking testimony or producing records in connection with the establishment, operation, or maintenance of a zone, or with the conduct of any investigations appropriate to the administration of the act. (Redesignated by Order 29, 17 F. R. 6317, June 11, 1952) § 400.1316 Object of hearing.
The object of such hearing is to inform interested parties concerning the matter at issue and to give them an opportunity to express their views frankly, fully, and publicly relative thereto. (Redesignated by Order 29, 17 F. R. 6317, June 11, 1952]
§ 400.1317 Notice of hearing.
therefrom, as may be necessary for a When the Board of Examiners Com.
full understanding of the status of the
case and the data before the Board. mittee of the Board deems it advisable to
(e) The names and addresses of all hold a local hearing, notice of such hearing should be sent to all interested parties
parties of interest present or represented
at the hearing will be recorded. in time for them to be present in person
(f) The presiding oficer will then inor to be represented at the hearing, and a
vite and conduct a thorough and candid copy of the notice should be furnished
discussion of the case in all its bearings. local newspapers. The notice should state the subject to be considered and
[Redesignated by Order 29, 17 F. R. 5317,
June 11, 1952) when and where the hearing will be held, specifically designating the date, hour, $ 400.1319 Adjournment of hearing. and place. For the accuracy of the rec
If it is alleged by any person that more ord, all important facts and arguments
evidence exists which could not be propshould be submitted in writing. As soon
erly prepared in time for the hearing, as the date and place for a hearing have
the presiding officer will, at his discrebeen designated, the official or Examin
tion, either adjourn the hearing for a ers' Committee should immediately ad
reasonable period, or may delay transvise the Board direct so that it may have
mitting his report until after the receipt available full information on the pro
of such evidence and the expiration of ceedings.
a reasonable period for its examination (Redesignated by Order 29, 17 F.R. 5317, by other interested persons. In such June 11, 1952]
cases, definite statements as to the $ 400.1318 Procedure at hearing.
amount of time desired should be re
quired. If no further hearing is held, The following general procedure will
it should be required that any additional govern the conduct of hearings:
evidence be submitted in typewritten or (a) Minutes of the proceedings will be
printed form, and the party submitting made, and when deemed advisable, will
it should be required to serve a copy be taken stenographically.
thereof on such other parties in interest (b) A complete copy of the notice and
as appeared at the hearing and to fura record of the names and addresses of
nish proof of such service for the record. all parties on whom served and the man
(Redesignated by Order 29, 17 F. R. 5317, ner of service (whether by mail, tele
June 11, 1952) graph, telephone, etc.), should be retained and made a part of the record.
$ 400.1320 Record of proceedings. (c) The presiding oficer will impress The record of the proceedings should upon all interested parties and will also be made in quadruplicate, 3 copies for the specifically state at the commencement Board and 1 for the office of the presidof the proceedings: first, the special pur- ing officer. The record should be acpose of the hearing; second, that it is de
companied by a copy of the notice and sired to have a frank and full expression list of those present, briefs or exhibits of the views of all interested parties and submitted in the case, and the recomas complete a statement as possible of mendations of the officer or committee all information bearing upon the ques- conducting the hearing on the points tion at issue; third, that the Board will
raised at the hearing. All of the above give full weight to all evidence and argu
papers should be properly marked for ments presented at the hearing, and that
reference and when possible bound toall pertinent material which the parties
gether and submitted as a single exhibit. wish considered should be brought out at the hearing; fourth, that later ex
(Redesignated by Order 29, 17 F. R. 5317,
June 11, 1952] parte evidence and arguments are not desired by the Board unless it is clearly § 400.1321 Additional rules of practice. shown that the matter is new and material and that there are good reasons why
Additional rules of procedure and it could not be presented at the hearing.
practice in formal proceedings under the (d) The presiding oficer should read
act, and of procedure in formal and inaloud such parts of the act and of the
formal proceedings, in elaboration or ex. rules and regulations adopted by the
tension of those set forth herein, may be Board as bear on the matter at hand. He issued from time to time. should also read such other important (Redesignated by Order 29, 17 F. R. 5317, papers bearing on the case, or extracts June 11, 1952]
$ 400.1403 Requests for identifiable
records. SOURCE: $8 400.1400 to 400.1406 contained in Order 74, 32 F.R. 13715, Sept. 30, 1967, (a) The procedures of this section are unless otherwise noted.
applicable only to those records not cus& 400.1400 Policy.
tomarily available to the public as part
of the regular information activities of It is the policy of the Foreign-Trade
the Board. Zones Board, consistent with the pur
(b) The Board shall utilize the faciliposes of the Foreign-Trade Zones Act
ties and services of the Central Reference and the role of the Board as a regulatory
and Records Inspection Facility, U.S. Deagency, to furnish the public with in
partment of Commerce, Washington, D.C. formation pertaining to the establish
20230, to make available for public inment, operation and administration of
spection and copying identifiable records foreign-trade zones in the United States,
which have been determined to be disexcept that such information as is ex
closable pursuant to 5 U.S.C. 552(a) (3). empted from the requirement for dis
(c) Rules and procedures prescribing closure of 5 U.S.C. 552, as amended, or
the hours of operation, location, fees, and dinarily will not be made available to any
otner requirements for public inspection person.
of records through the central facility $ 400.1401 Public information activities.
are contained in Part 4 of this title. The Executive Secretary of the Board 8 400.1404 Determinations of availabil. shall conduct the following public infor
ity of records. mation activities of the Board:
(a) In accordance with the rules, regu(a) Preparation and release of mate
lations, and procedures governing the oprial published by or for the Board, in- eration of the Central Reference and cluding public announcements, items for
Records Inspection Facility of the U.S. publication in the FEDERAL REGISTER, news Department of Commerce, a request for releases, and reports.
the determination of availability of a (b) Clearance for release of informa- record of the Board will be referred to tional material from other agencies re- the Executive Secretary of the Board who ferred to the Board for review.
shall initially determine: (c) Release of general information (1) Whether the requested record can pertaining to Board activities, rules and be identified on the basis of informaregulations and, at his discretion, in- tion contained in the request. If the recformation contained in Board records as ord cannot be identified the request necessary to further the regular infor- shall be returned to the person who initimation dissemination activities of the ated it and he shall be advised why the Board
record is not identifiable and what addi(d) Development and direction of tional clarification, if any, he may submeasures to provide the international mit to assist in the identification of the business community with information record. pertaining to the establishment, opera- (2) Whether the record, if identifiable, tion and administration of U.S. Foreign- is still in existence or has been destroyed Trade Zones.
as provided by law, or is not in the pos$ 400.1402 Availability of materials for
session of the Board. If the record no inspection and copying.
longer exists, the person who initiated
the request will be notified, with the rea(a) The Board shall utilize the facili
son stated. If the record is not in the ties and services of the Central Reference
Board's possession and its existence is not and Records Inspection Facility, U.S.
otherwise reasonably ascertainable, the Department of Commerce, Washington,
person who initiated the request shall be D.C. 20230, to make available for public
so notified. If the requested record is the inspection and copying the materials re
exclusive or primary concern of another quired to be made available to the pub
agency, the request for such record shall lic by 5 U.S.C. 552(a) (2).
be promptly referred to that agency for (b) Rules and procedures prescribing further action under its rules, and the the hours of operation, location, fees,
person who initiated the request shall be and other requirements for public in- promptly informed of this referral. spection of records through the central (b) If a requested record is identifiable facility are contained in Part 4 of this and is subject to determination of availtitle.
ability on the basis of disclosure require