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any regulation or administrative action license shall include (a) letter of request (other than a denial or probationary or- for transfer from the transferor and der ?) as specified in § 383.1 (b) and (c). transferee, (b) the original license un
(b) Submission of request for admin- less the license is on file with the Office istrative review (1) Request for admin- of Export Control or has been suristrative review must be in writing. A rendered to a Collector of Customs, and request for administrative review and (c) the Form IA-763, Request for and accompanying material shall be filed in Notice of Amendment Action, if this duplicate, unless otherwise indicated be- form was submitted to the Office of Exlow. If the submission of two copies of port Control. all accompanying documents or exhibits (c) When and where to file a request would place an undue burden on the for administrative review. A request for petitioner, waiver of this rule may be administrative review shall be filed not requested at the time the request is filed. later than 45 days after the publication A request for administrative review shall
date of a regulation, or the date of notlbe in letter form.
fication of administrative action. A re(2) Information to be contained in re- quest for administrative review shall be quests for administrative review. A re- filed with and addressed to the U.S. Dequest for administrative review shall
partment of Commerce, Bureau of Inclearly state (i) the provisions of the ternational Commerce, Office of Export regulation or the administrative action Control, Ref: "Administrative Review," which is protested, (ii) the grounds for
Washington, D.C., 20230. the request, and (iii) the relief requested
(d) Decisions. A request for relief by the petitioner. The various grounds
may be granted or denied, in whole or in for the request shall be separately stated
part. If the decision in an administraand numbered, with a clear and concise tive review of a licensing action is favorstatement of all facts alleged in support
able to the petitioner, the license or of each ground.
amendment will be granted in answer to (3) Additional requirements for speci- the petition. Decisions on other types of fied requests for administrative review.
administrative reviews will be furnished In addition to the above-described letter,
to the petitioner in writing. If the dethe following papers shall be included cision is unfavorable, he may appeal to with requests of the kinds described in
the Appeals Board in accordance with this subparagraph (3).
the provision of § 383.3. (i) Request for administrative review of rejection of license application shall
$ 383.3 Appeals. include (a) the Form IT- or FC-204A, (a) Establishment and scope of ApNotification of Rejection, (b) a new peals Board. (1) The Appeals Board for original copy of the rejected license ap- the Department of Commerce has been plication, Form FC-419, and (c) a Form established as an impartial body in the FC-420, Application Processing Card Office of the Secretary to consider apshowing the old case number.
peals and render final decisions thereon. (ii) Request for administrative review The Board consists of a Chairman and of a multiple commodity or a multiple two members. consignee application disallowed in part (2) Any person may appeal to the Ap, shall include (a) a complete new appli
peals Board, upon the grounds indicated cation covering only the rejected items, in § 383.1(c), in accordance with the and (b) the appropriate Form FC-420, following provisions of this $ 383.3. Application Processing Card, showing the
(b) Preparation of appeals (1) Genold case number.
eral requirements. (iil) Request for administrative review
(i) An appeal shall of rejection of request for extension of
be clearly marked "Ref: Appeals Board license or other amendment shall include
for the U.S. Department of Commerce"
and shall be in letter form. (a) the license unless it has been previously surrendered to the U.S. Depart
letter shall be prepared in accordance ment of Commerce or a Collector of Cus
with § 383.2(b) and shall be accompanied toms, and (b) the Form IA-763, Request
by the same information and documents
specified therein. for and Notice of Amendment Action. (iv) Request for administrative review
(ii) Where an appeal is filed from a of denial of request to transfer an export
decision on an administrative review, the
appellant may request the Office of ExSee footnote p. 327.
port Control, in writing, to transmit to
the Appeals Board the documentation
Cont warr on it peale for a in su notif
ta may sent Ada and give at 1 the
originally submitted to the Office of Ex- heard informally; generally, no oaths will port Control in accordance with $ 383.2 be administered to witnesses; and the (b) as the required initial documenta- Appeals Board will not necessarily abide tion.
by the rules of evidence. An appellant (2) Request for oral presentation. A need not be represented by counsel unrequest for an oral presentation before less he so wishes. the Appeals Board, as provided in para- (4) Records. Records concerning an graph (d) (3) of this section, must be in appeal may be made available for inspecwriting and should be included with the tion and copying by persons properly appeal.
concerned, upon written application, (c) When and where to file appeals Such application shall be addressed to (1) When to file. Appeals, other than the U.S. Department of Commerce, Apappeals from denial or probationary or- peals Board, Washington, D.C., 20230, ders, may be filed with the Appeals and shall set forth the applicant's inBoard by means of a written notice filed terest, a description of the material or not later than 45 days after the appel- information contained in the record to be lant received notice from the U.S. De- inspected or copied, and the purposes for partment of Commerce of any regulation which it is sought. or administrative action.: Appellant (e) Decisions. All appeals will be conmay also appeal from undue delay in sidered and decided within a reasonable acting on appellant's license application, time after they are filed. An appeal may
(2) Where to file. All appeals shall be granted or denied, in whole or in part, be addressed to the U.S. Department of or dismissed at the request of the appelCommerce, Appeals Board, Washington, lant. The decision on an appeal signed D.C., 20230.
by the Chairman of the Appeals Board (d) Consideration appeals (1) will be communicated to the appellant in Initial referral to the Office of Export writing. Control. Customarily, any appeal which has not already been considered under PART 384-GENERAL ORDERS administrative review (see $ 383.2) is ini
Sec. tially referred by the Appeals Board to
384.1 Commodity advisory panels and comthe Office of Export Control. After ap
mittees. propriate action, the Office of Export
Conduct of business and practice in Control will submit its recommendation
export control for the consideration of the Board.
matters. (2) Referral by the Office of Export 384.3 Export control authority to be exerControl. Where unusual circumstances
cised by U.S. Department of Com
merce field office directors in the warrant, the Office of Export Control
event of enemy attack on the United on its own initiative, may request the Ap
States. peals Board to consider an application
384.4 Disclosure of license issuance and for an export license at the Appeals level.
other information. In such case, the Appeals Board will so 384.5 Revocation of authorization to renotify the appellant.
export or redistribute commodities (3) Oral presentations.
data to Country where the appellant so requests or the
Group W, Y, or Z.
384.6 Extension of validity period of certain Appeals Board believes it to be necessary
licenses. to a proper determination, the appellant
384.7 Exports of copper, second half of calmay be granted an opportunity to pre
endar year 1966. sent orally further facts and argument.
384.8 Exports to Southern Rhodesia. A date will be set and notice of the time
AUTHORITY: The provisions of this Part 384 and place (in Washington, D.C.) will be
issued under sec. 3, 63 Stat. 7; 50 U.S.C. App. given the appellant by the Appeals Board
2023; E.O. 10945, 26 F.R. 4487; E.O. 11038, 27 at least 10 days before the date set for
F.R. 7003. the oral presentation unless waived by
SOURCE: The provisions of this Part 384 appellant. Such presentation will be
contained in 10th General Revision of Export
Regulations, 30 F.R. 1501, Feb. 6, 1965, unless a See $ $ 382.4, 382.11, 382.13 and 382.15 of
§ 384.1 Commodity advisory panels and * A rejection of an export license applica
(a) Purpose. (1) The purpose of this may be appealed.
§ 384.1 is to establish a procedure where
by the Office of Export Control of the U.S. Department of Commerce may consult with the export trade and obtain advice and recommendations concerning export licensing policies and procedures under the Export Control Law.
(2) The provisions of this § 384.1 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 the 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 the 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) by types of commodities, and (v) trade association membership and non-membership.
(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 § 384.1.
(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 the panels and committees (1) Authorized activities. The functions of a commodity advisory panel or committee formed by the Office of Export Control under this § 384.1 is 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. (1) 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 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 section.
(ii) The panel or committee is not authorized to determine policies for the ex, port trade nor is it authorized to compel or coerce any person to comply with any request, order, or regulation made by the U.S. Department of Commerce or the Office of Export Control.
(d) Meetings of the panels and committees (1) Calling of meetings. (1) Commodity advisory panel meetings and commodity advisory committee meetings will be called by the Office of Export Control in connection with the promulgation of export licensing policies or procedures affecting the parts of the ex
port trade represented by the panel or summaries available to members of the
§ 384.2 Conduct of business and pracconsultation.
tice in connection with export con(11) A meeting of a trade advisory
(a) Exclusion of persons guilty of un
ethical conduct or not possessing reposal should be addressed to the Govern
quired integrity and ethical standardsment presiding officer and state the
(1) Who may be excluded. Any person, reasons for proposing the meeting. The
whether acting on his own behalf or on Government presiding officer is respon
behalf of another, who shall be found sible for determining whether a meeting
guilty of engaging in any unethical acshould be called.
tivity or who shall be demonstrated not (2) Agenda and presiding officer. (1)
to possess the required integrity and The agenda of the meeting will be pre
ethical standards, may be excluded from pared by the Office of Export Control. A
(denied) export privileges on his own representative of the Office of Export
behalf or may be excluded from practice Control will preside at every panel meet
before the Bureau of International Coming and every committee meeting.
merce on behalf of another in connec(ii) Prior to a meeting, members of a
tion with any export control matter, or panel or committee may propose sub
both, as provided in Part 382 of this jects for the agenda to the Government
chapter. presiding oficer, but during a meeting
(2) Grounds for exclusion. Among may not introduce any subject not in
the grounds for exclusion are the followcluded on the agenda.
ing: (3) Attendance at meetings. (1) At
(i) Inducing or attempting to induce tendance at meetings shall be limited to
by gifts, promises, bribes, or otherwise, duly appointed members and invited
any officer or employee of the Bureau of Government representatives. The at
International 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
tion of the Export Control Law, whether purpose of a particular meeting to invite a nonmember expert or technician who
or not in violation of any regulation; can provide advice concerning a spe
(ii) Offering or making gifts or promcialized subject, a special written invita
ises thereof to any such oficer or emtion from the Office of Export Control ployee for any other reason; will be required requesting the attend
(iii) Soliciting by advertisement or ance of such person at the meeting. otherwise the handling of business be(ii) A meeting of a segment or seg
fore the Bureau of International Comments of an advisory panel or committee
merce on the representation, express or may be called to discuss subjects of in
implied, that such person, through perterest to only that part of the trade, sonal acquaintance or otherwise, posprovided the segment of the trade is rep- sesses special influence over any officer resentative, or that additional repre- or employee of the Bureau of Internasentatives are appointed in order to
tional Commerce; make it representative.
(iv) Charging, or proposing to charge, (4) Conduct during meetings. During for any service performed in connection a meeting, members are restricted to ex
with the issuance of any license, any pressions of advice and recommendations
fee wholly contingent upon the granting and may not make resolutions nor shall of such license and the amount or value they submit or request submission of a thereof. This provision will not be convote regarding a recommendation under strued to prohibit the charge of any fee discussion.
agreed to by the parties; provided that (5) Minutes. The Ofice of Export that the out-of-pocket expenditures and Control will keep minutes of each meet- the reasonable value of the services pering and, where practicable, will make formed, 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 exportation of commodities or technical data, including the making of or inducing another to make any false representations to facilitate any exportation in violation of the Export Control Law or any order or regulation issued thereunder.
(3) Definition. As used in this section, the terms “practice before the Bureau of International Commerce” and "appear before the Bureau of International Commerce," include:
(1) 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) Participation on behalf of another in any proceeding pending before the Bureau of International Commerce; and (iv) The submission
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 § 384.2 shall be conducted in the same manner as provided in Part 382 of this chapter.
(b) Employees and former employees. Persons who are or at any time have been employed on a full-time or parttime, compensated or uncompensated, basis by the United States Government are subject to the provisions of Title 18, U.S. Code, secs. 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. § 384.3 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 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 directions transmitted from the U.S. Department of Commerce. (10th Gen. Rev. of Export Regs., Amdt. 14, 31 F.R. 6711, May 5, 1966) § 384.4 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 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. No other specific information regarding any validated export license will be made available to the public by the Office of Export Control, except with the approval of the Secretary of Commerce. [10th Gen. Rev. of Export Regs., Amdt. 29. 32 F.R. 8130, June 7, 1967] $ 384.5 Revocation of authorization to
reexport or redistribute commodities and technical data to Country Group
W, Y, or Z. Any authorization to reexport or redistribute commodities or technical data