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 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

incor

399.2 Commodity Interpretations; 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; 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 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; incorporation 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, 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 and an historic file will be maintained by the Office of Export Control.

Separability of regulations in event of invalidity.

Changes in regulations.

400.1007 Authority for publishing, posting, and filing of schedules of rates and charges.

400.1008 Adoption and issuance of sched

Additional rules of practice.

PUBLIC INFORMATION

Public information activities.

Availability of materials for inspection and copying.

Requests for identifiable records. Determinations of availability of records.

400.1405 Requests for reconsideration nonavailability.

400.1406 Security information.

of

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.

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 payment of duty thereon; and such merchandise permitted in a zone may be stored, exhibited, manufactured, mixed or manipulated in any manner, except as provided in the act and other applicable laws or regulations. The merchandise

may be exported, destroyed, or sent into customs territory from the zone, in the original package or otherwise. It is subject to customs duties if sent into customs territory, but not if reshipped to foreign points.

[Order 29, 17 F. R. 5316, June 11, 1952]

CROSS REFERENCES: For immigration regulations, see 8 CFR Chapter I. Regulations of Bureau of Customs, see 19 CFR Chapter I. Postal Service, see 39 CFR Chapter I. Public Health, see 42 CFR Chapter I.

§ 400.102 Secretary of Commerce.

The term "Secretary" means the Secretary of Commerce.

The term "Board" means the Board created by the act to carry out the provisions thereof. The Board shall consist of the Secretary of Commerce, who shall be chairman and executive officer, the Secretary of the Treasury, and the Secretary of the Army.

[Order 17, 14 F. R. 3671, July 2, 1949] § 400.104 State.

The term "State" includes any State, the District of Columbia, and Puerto Rico.

[Order 74, 32 F.R. 13714, Sept. 30, 1967] § 400.105

Corporation.

The term "corporation" means a public or a private corporation:

(a) "Public corporation"

means a State, political subdivision thereof, a municipality, a public agency of a State, political subdivision thereof, or municipality, or a corporate municipal instrumentality of one or more States.

(b) "Private corporation" means any corporation (other than a public corporation) which is organized for the purpose of establishing, operating, and maintaining a foreign-trade zone and which is chartered under a special act (enacted after June 18, 1934) of the State or States within which it is to operate such zone.

(Sec. 1, 48 Stat. 998; 19 U. S. C. 81a) § 400.106 Applicant.

The term "applicant" means a corporation applying for the right to establish, operate, and maintain a foreigntrade zone.

(Sec. 1, 48 Stat. 998; 19 U. S. C. 81a) § 400.107 Grantee.

The term "grantee" means a corporation to which the privilege of establish

ing, operating, and maintaining a foreign-trade zone has been granted. (Sec. 1, 48 Stat. 998; 19 U. 8. C. 81a) 400.108 District Director of Customs.

The term "District Director of Customs" means the director of customs in whose district the zone is located. [Regulations, June 29, 1935, as amended by Order 74, 32 F.R. 13714, Sept. 30, 1967]

§ 400.109 District Engineer.

The term "District Engineer" means the engineer of the Department of the Army in whose district the zone is located.

[Order 17, 14 F. R. 3671, July 2, 1949] § 400.110 Examiner.

The term "examiner" means an employee of the Board, an expert, officer, engineer, or any other person who is designated by the Board to conduct an investigation concerning the establishment, operation, maintenance, or administration of a zone.

JURISDICTION AND AUTHORITY OF BOARD § 400.200 Duties of the Board.

The Board is authorized, subject to the provisions of the act, the laws governing the navigable waters of the United States, the laws governing foreign and interstate commerce, those controlling the revenue, the Shipping Act of 1916, as amended (46 U.S.C. secs. 801 et seq.), the Interstate Commerce Act (49 U.S.C. secs. 1 et seq.), and other laws of the United States applicable to zones:

(a) To grant to corporations, subject to the conditions and restrictions of the act and of the rules and regulations made thereunder, the privilege of establishing, operating, and maintaining foreign-trade zones in or adjacent to ports of entry under the jurisdiction of the United States, if it finds that the proposed plans and location are suitable for the accomplishment of the purpose of the foreign-trade zone under the act, and that the facilities and appurtenances which it is proposed to provide are sufficient.

(b) To prescribe such rules and regulations as may be necessary to establish and conduct such zones.

(c) To approve rates and charges for all services or privileges within the zone, and to assure uniform treatment under like conditions to users of the zone or