any regulation or administrative action (other than a denial or probationary order 1) as specified in § 383.1(b) and (c). (b) Submission of request for administrative review—(1) Request for administrative review must be in writing. A request for administrative review and accompanying material shall be filed in duplicate, unless otherwise indicated below. If the submission of two copies of all accompanying documents or exhibits would place an undue burden on the petitioner, waiver of this rule may be requested at the time the request is filed. A request for administrative review shall be in letter form.

(2) Information to be contained in requests for administrative review. A request for administrative review shall clearly state (i) the provisions of the regulation or the administrative action which is protested, (ii) the grounds for the request, and (iii) the relief requested by the petitioner. The various grounds for the request shall be separately stated and numbered, with a clear and concise statement of all facts alleged in support of each ground.

(3) Additional requirements for specified requests for administrative review. In addition to the above-described letter, the following papers shall be included with requests of the kinds described in this subparagraph (3).

(i) Request for administrative review of rejection of license application shall include (a) the Form IT- or FC-204A, Notification of Rejection, (b) a new original copy of the rejected license application, Form FC-419, and (c) a Form FC-420, Application Processing Card showing the old case number.

(ii) Request for administrative review of a multiple commodity or a multiple consignee application disallowed in part shall include (a) a complete new application covering only the rejected items, and (b) the appropriate Form FC-420, Application Processing Card, showing the old case number.

(iii) Request for administrative review of rejection of request for extension of license or other amendment shall include (a) the license unless it has been previously surrendered to the U.S. Department of Commerce or a Collector of Customs, and (b) the Form IA-763, Request for and Notice of Amendment Action.

(iv) Request for administrative review of denial of request to transfer an export

See footnote p. 327.

license shall include (a) letter of request for transfer from the transferor and transferee, (b) the original license unless the license is on file with the Office of Export Control or has been surrendered to a Collector of Customs, and (c) the Form IA-763, Request for and Notice of Amendment Action, if this form was submitted to the Office of Export Control.

(c) When and where to file a request for administrative review. A request for administrative review shall be filed not later than 45 days after the publication date of a regulation, or the date of notification of administrative action. A request for administrative review shall be filed with and addressed to the U.S. Department of Commerce, Bureau of International Commerce, Office of Export Control, Ref: "Administrative Review," Washington, D.C., 20230.

(d) Decisions. A request for relief may be granted or denied, in whole or in part. If the decision in an administrative review of a licensing action is favorable to the petitioner, the license or amendment will be granted in answer to the petition. Decisions on other types of administrative reviews will be furnished to the petitioner in writing. If the decision is unfavorable, he may appeal to the Appeals Board in accordance with the provision of § 383.3. §383.3 Appeals.

(a) Establishment and scope of Appeals Board. (1) The Appeals Board for the Department of Commerce has been established as an impartial body in the Office of the Secretary to consider appeals and render final decisions thereon. The Board consists of a Chairman and two members.

(2) Any person may appeal to the Appeals Board, upon the grounds indicated in § 383.1 (c), in accordance with the following provisions of this § 383.3.

(b) Preparation of appeals—(1) General requirements. (i) An appeal shall be 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 § 383.2(b) and shall be accompanied by the same information and documents specified therein.

(ii) 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 § 383.2 (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 U.S. Department of Commerce, Appeals Board, 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 § 383.2) 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 for the consideration of the Board.

(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 presentations. In a case where the appellant so requests or the Appeals Board believes it to be necessary to a proper determination, the appellant may be granted an opportunity to present orally further facts and argument. 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

2 See §§ 382.4, 382.11, 382.13 and 382.15 of this chapter for the appeals procedure regarding denials of export privileges.

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

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 U.S. Department of Commerce, Appeals Board, 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 inspected or copied, and the purposes for which it is sought.

384.4

384.5

384.6

Disclosure of license issuance and other information.

Revocation of authorization to reexport or redistribute commodities and technical data to Country Group W, Y, or Z.

Extension of validity period of certain licenses.

384.7 Exports of copper, second half of calendar year 1966.

384.8 Exports to Southern Rhodesia.

AUTHORITY: The provisions of this Part 384 issued under sec. 3, 63 Stat. 7; 50 U.S.C. App. 2023; E.O. 10945, 26 F.R. 4487; E.O. 11038, 27 F.R. 7003.

SOURCE: The provisions of this Part 384 contained in 10th General Revision of Export Regulations, 30 F.R. 1501, Feb. 6, 1965, unless otherwise noted.

§ 384.1 Commodity advisory panels and

committees.

(a) Purpose. (1) The purpose of this § 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.

As the

(2) Standards of selection. 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 export trade nor is it authorized to compel Dr 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.

port trade represented by the panel or committee, as the case may be, except where the necessary timing or other public exigency does not permit such prior consultation.

(ii) A meeting of a trade advisory panel or committee may be proposed by any three of its members. Such proposal should be addressed to the Government presiding officer and state the reasons for proposing the meeting. The Government presiding officer is responsible for determining whether a meeting should be called.

(2) Agenda and presiding officer. (1) The agenda of the meeting will be prepared by the Office of Export Control. A representative of the Office of Export Control will preside at every panel meeting and every committee meeting.

(ii) Prior to a meeting, members of a panel or committee may propose subjects for the agenda to the Government presiding officer, but during a meeting may not introduce any subject not included on the agenda.

(3) Attendance at meetings. (1) Attendance at meetings shall be limited to duly appointed members and invited Government representatives. The attendance of other persons at meetings, such as industry or trade observers or alternates for accredited members, is not authorized. If it is essential for the purpose of a particular meeting to invite a nonmember expert or technician who can provide advice concerning a specialized subject, a special written invitation from the Office of Export Control will be required requesting the attendance of such person at the meeting.

(ii) A meeting of a segment or segments of an advisory panel or committee may be called to discuss subjects of interest to only that part of the trade, provided the segment of the trade is representative, or that additional representatives are appointed in order to make it representative.

(4) Conduct during meetings. During a meeting, members are restricted to expressions of advice and recommendations and may not make resolutions nor shall they submit or request submission of a vote regarding a recommendation under discussion.

(5) Minutes. The Office of Export Control will keep minutes of each meeting and, where practicable, will make

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summaries available to members of the commodity advisory panel, the committee, the export trade, and the press. § 384.2 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 Bureau of International Commerce on behalf of another in connection with any export control matter, or both, as provided in Part 382 of this chapter.

Among

(2) Grounds for exclusion. 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 Bureau of International 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 Control Law, 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 Bureau of International Commerce on the representation, express or implied, that such person, through personal acquaintance or otherwise, possesses special influence over any officer or employee of the Bureau of International Commerce;

(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 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 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 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 § 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]