Page images
PDF
EPUB

clearly marked "Ref: Appeals Board for the U.S. Department of Commerce" and shall be in letter form. The appeals letter shall be prepared in accordance with § 389.2(b) and shall be accompanied by the same information and documents specified therein. Where an appeal is filed from a decision on an administrative review, the appellant may request the Office of Export Control, in writing, to transmit to the Appeals Board the documentation originally submitted to the Office of Export Control in accordance with $ 389.2(b) as the required initial documentation.

(2) Request for oral presentation. A request for an oral presentation before the Appeals Board, as provided in paragraph (d) (3) of this section, must be in writing and should be included with the appeal.

(c) When and where to file appeals (1) When to file. Appeals, other than appeals from denial or probationary orders, may be filed with the Appeals Board by means of a written notice filed not later than 45 days after the appellant received notice from the U.S. Department of Commerce of any regulation or administrative action. Appellant may also appeal from undue delay in acting on appellant's license application.

(2) Where to file. All appeals shall be addressed to the Appeals Board, U.S. Department of Commerce, Washington, D.C. 20230.

(d) Consideration of appeals-(1) Initial referral to the Office of Export Control. Customarily, any appeal which has not already been considered under administrative review (see § 389.2) is initially referred by the Appeals Board to the Office of Export Control. After appropriate action, the Office of Export Control will submit its recommendation to the Board for consideration.

(2) Referral by the Office of Export Control. Where unusual circumstances warrant, the Office of Export Control on its own initiative may request the Appeals Board to consider an application for an export license at the Appeals level.

In such case, the Appeals Board will so notify the appellant.

(3) Oral presentation. In a case where the appellant so requests or the Appeals Board believes it necessary for a proper determination, the appellant may be granted an opportunity to present orally further facts and arguments. A date will be set and notice of the time and place (in Washington, D.C.) will be given the appellant by the Appeals Board at least 10 days before the date set for the oral presentation unless waived by appellant. Such presentation will be heard informally; generally, no oaths will be administered to witnesses; and the Appeals Board will not necessarily abide by the rules of evidence. An appellant need not be represented by counsel unless he so wishes.

(4) Records. Records concerning an appeal may be made available for inspection and copying by persons properly concerned, upon written application. Such application shall be addressed to the Appeals Board, U.S. Department of Commerce, Washington, D.C. 20230, and shall set forth the applicant's interest, a description of the material or information contained in the record to be in. spected or copied, and the purposes for which it is sought.

(e) Decisions. All appeals will be considered and decided within a reasonable time after they are filed. An appeal may be granted or denied, in whole or in part, or dismissed at the request of the appellant. The decision on an appeal signed by the Chairman of the Appeals Board will be communicated to the appellant in writing.

S

PART 390_GENERAL ORDERS Sec. 390.1 Commodity advisory panels and

committees. 390.2 Conduct of business and practice in

connection with export control

matters. 390.3 Export control authority to be ex

ercised by U.S. Department of Commerce Field Office Directors in the event of enemy attack on the

United States. 390.4 Disclosure of license issuance and

other information. 390.5 Extension of validity period of licenses

affected by longshoremen's work

stoppage. AUTHORITY: The provisions of this part 390 issued under sec. 3, Stat. 7; 50 U.S.C.

1 See $$ 388.4, 388.11, 388.13, and 388.15 for the appeals procedure regarding administrative proceedings.

2 A rejection of an export license application on the ground that the proposed export is contrary to the national interest may be appealed.

App. 2023; E.O. 10945, 26 F.R. 4487, 3 CFR 1959–1963 Comp.; E.O. 11038, 27 F.R. 7003, 3 CFR 1959–1963 Comp.

SOURCE: The provisions of this Part 390 contained in 13th Gen. Rev. of Export Regs., 35 F.R. 9206, June 12, 1970, unless otherwise noted. $ 390.1 Commodity advisory panels and

committees. (a) Purpose. (1) The purpose of this $ 390.1 is to establish a procedure whereby the Office of Export Control may consult with the export trade and obtain advice and recommendations concerning export licensing policies and procedures under the Export Administration Act.

(2) The provisions of this $ 390.1 are not to be construed as prohibiting individuals or groups of individuals from seeking discussions with employees of the Office of Export Control.

(b) Organization of panels and committees (1) Representation by commodities. It is intended, for convenient operation and size, to provide representation of the export trade by commodities. Wherever practicable, segments of the trade handling different commodities (or groups of commodities) will be represented by separate panels or committees. Where a panel is formed, the membership may be called upon to meet as a whole, or committees may be organized from among the members to consider specific problems as they arise. The panels and committees will be selected by the Office of Export Control.

(2) Standards of selection. As the purpose of the panel or committee is to give advice and make recommendations to the Office of Export Control affecting th trade as a whole, or segments thereof, the members of the panel or committee will be selected in an effort to obtain advice and recommendations which will represent the viewpoint of all parts of the trade involved. The panel or committee will be formed of the minimum number of persons necessary to represent a fair cross-section of the trade in the commodity (or groups of commodities) from the standpoints of (i) large, medium, and small-sized companies, (ii) geographical distribution, (iii) segments of the export trade involved-e.g., by types of exporters (such as manufacturers, manufacturers' representatives, merchant exporters, combination export

managers, etc.), (iv) types of commodities and (v) trade association membership and nonmembership.

(3) Special conferences. If export trade advice is sought on a special problem and there is no foreseeable need to seek the continuing advice of the trade, a special conference may be called. Except for omission of formal establishment of a panel or committee, the procedure for calling and conducting a special conference shall be the same as set forth under the provisions of this $ 390.1.

(4) Representation of small business. In forming a commodity advisory panel or committee, the Office of Export Control will be governed by the principles of Senate Concurrent Resolution 14 (80th Congress) and the President's memorandum to heads of Executive departments and agencies of December 12, 1947, with respect to the representation of small business on Government committees.

(5) No compensation allowed. Members of the panels and committees pay their own expenses and are entitled to no compensation for their services.

(c) Functions of panels and committees—(1) Authorized activities. The functions of a commodity advisory panel or committee formed by the Office of Export Control under this $ 390.1 are to give advice and make recommendations through one or more commodity advisory committees to the Office of Export Control, at committee meetings, on export licensing policies and procedures affecting those parts of the export trade represented by the committee. Where deemed appropriate, in view of the nature of a specific licensing policy or procedure, the Office of Export Control will authorize the holding of full panel meetings.

(2) Unauthorized activities. (i) No other activities by a commodity advisory panel or committee or by its members is sponsored or authorized by the U.S. Department of Commerce or the Office of Export Control. No meeting of the commodity advisory panel or committee, or any part thereof, is sponsored or authorized by the U.S. Department of Commerce or the Office of Export Control unless such meeting is called and conducted by appropriate officials of the Office of Export Control in accordance with the provisions of this $ 390.1.

(ii) The panel or committee is not authorized to determine policies for the export trade nor is it authorized to compel

a

or coerce any person to comply with any (4) Conduct during meetings. During request, order, or regulation made by the a meeting, members are restricted to U.S. Department of Commerce or the expressions of advice and recommendaOffice of Export Control.

tions, and may not make resolutions nor (d) Meetings of panels and commit- submit or request submission of a vote tees—(1) Calling of meetings. (i) Com- regarding recommendation under modity advisory panel meetings and discussion. commodity advisory committee meetings (5) Minutes. Th Office of Export will be called by the Office of Export Control will keep minutes of each meetControl in connection with the promul- ing and, where practicable, will make gation of export licensing policies or summaries available to members of the procedures affecting the parts of the ex- commodity advisory panel, the commitport trade represented by the panel or tee, the export trade, and the press. committee, as the case may be, except

§ 390.2 Conduct of business and prac. where the necessary timing or other pub

tice in connection with export control lic exigency does not permit such prior

matters. consultation. (ii) A meeting of a trade advisory

(a) Exclusion of persons guilty of unpanel or committee may be proposed by

ethical conduct or not possessing required any three of its members. Such proposal

integrity and ethical standards (1) should be addressed to the Government

who may be excluded. Any person, presiding officer and state the reasons

whether acting on his own behalf or on for proposing the meeting. The Govern

behalf of another, who shall be found ment presiding officer is responsible for

guilty of engaging in any unethical acdetermining whether a meeting should

tivity or who shall be demonstrated not be called.

to possess the required integrity and (2) Agenda and presiding officer. (i)

ethical standards, may be excluded from "The agenda of the meeting will be pre

(denied) export privileges on his own pared by the Office of Export Control.

behalf, or may be excluded from practice

before the Bureau of International ComA representative of the Office of Export Control will preside at every panel meet

merce of the U.S. Department of Coming and every committee meeting.

merce on behalf of another, in connection (ii) Prior to a meeting, members of a

with any export control matter, or both,

as provided in Part 288 panel or committee may propose sub

of this jects for the agenda to the Government

subchapter. presiding officer, but during a meeting

(2) Grounds for exclusion. Among the may not introduce any subject not in

grounds for exclusion are the following: cluded on the agenda.

(i) Inducing or attempting to induce (3) Attendance at meetings. (i) At

by gifts, promises, bribes, or otherwise, tendance at meetings shall be limited

any officer or employee of the Bureau of to duly appointed members and invited

International Commerce of the U.S. DeGovernment representatives. The at

partment of Commerce or any customs tendance of other persons at meetings,

or post office official, to take any action such as industry or trade observers or

with respect to the issuance of licenses alternates for accredited members, is not

or any other aspects of the administraauthorized. If it is essential for the pur

tion of the Export Administration Act, pose of a particular meeting to invite

whether or not in violation of any regua nonmember expert or technician who

lation;

(ii) Offering or making gifts or promcan provide advice concerning a spe

ises thereof to any such officer or cialized subject, a special written invita

employee for any other reason; tion from the Office of Export Control

(iii) Soliciting by advertisement or will be required requesting the attend

otherwise the handling of business before ance of such person at the meeting. the Bureau of International Commerce

(ii) A meeting of a segment or seg- on the representation, express or implied, ments of an advisory panel or committee that such person, through personal may be called to discuss subjects of in- acquaintance or otherwise, possesses terest to only that part of the trade, special influence over any officer or provided the segment of the trade is employee of the Bureau of International representative or additional represent- Commerce; atives are appointed in order to make it (iv) Charging, or proposing to charge, representative.

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 con

strued 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 Bureau of International Commerce” and “appear before the Bureau of International Commerce” include:

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

(ii) Conferences or other communications on behalf of another with officers or employees of the Bureau of International Commerce for the purpose of soliciting or expediting approval by the Bureau of International Commerce 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 Bureau of International Commerce.

(iii) Participaton on behalf of another in any proceeding pending before the Bureau of International Commerce; 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 in

terest 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 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 Control, except with the approval of the Secretary of Commerce. [13th Gen. Rev. of Export Regs., Amdt. 9, 35 F.R. 16532, Oct. 23, 1970) $ 390.5 Extension of validity period of

licenses affected by longshoremen's

work stoppage. Effective August 16, 1971, the validity period of any validated export license which covers an export to be made by water from any part affected by the current work stoppage of longshoremen, and which expired, or will expire, during any month while this work stoppage was, or is, in effect, is hereby extended to the last day of the month following month in which the work stoppage terminates. [13th Gen. Rev. of Export Regs., Amdt. 25, 36 F.R. 15744, Aug. 18, 1971]

PARTS 391–398 [RESERVED] 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: The provisions of this part 399 issued under sec. 3, 63 Stat. 7, 50 U.S.C. App. 2023; E.O. 10945, 26 F.R. 4487, 3 CFR 19591963 Comp; E.O. 11038, 27 F.R. 7003, 3 CFR 1959–1963 Comp.

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; 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 Control 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

Control, Bureau of International Commerce, Department of Commerce, Washington, D.C. 20230.

Field Offices of the Bureau of International

Commerce, Department of Commerce.

(c) Revisions, amendments, revocations, deletions, recodifications, redesignations, and corrections will be issued in Export Control Bulletins from time to time by the Office of Export Control, Bureau of International Commerce, 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 Control. $ 399.2 Commodity Interpretations; in

corporation by reference. (a) The text of the current edition of the Commodity Interpretations as published in the Export Control 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

Control, Bureau of International Commerce, Department of Commerce, Washing

ton, D.C. 20230. Field Offices of the Bureau of International

Commerce, Department of Commerce.

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

« PreviousContinue »