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and signed by the FEPO. FEP Import Import Authorization shall return the Determinations shall remain in effect original FEP Import Authorization to for a period of six months from the date the FEPO together with photocopy of thereof.

bill of sale of the property transferred (c) A copy of each FEP Import De- and Request for an FEP Import Authoritermination shall be transmitted to the zation executed by the transferee. The original applicant and to any other per- FEPO shall thereupon cancel the origson upon request.

inal FEP Import Authorization and is§ 401.13 Issuance of FEP Import Au

sue new FEP Import Authorizations to thorizations.

the original holder and the transferee

as their respective interests appear. (a) Upon presentation to the FEPO

(b) The FEPO shall notify the Colof a Request for FEP Import Authori

lector of Customs at the proposed port of zation (Form FEPF-3), or of Applica

entry of any such cancellation of an tion for FEP Import Determination

FEP Import Authorization, and shall (From FEPF-1) completely executed in

furnish to such Collector copies of new cluding Part II thereof, and proof of

FEP Import Authorizations issued as a ownership of foreign excess property de

result of any such transfer and Request. scribed therein concerning which the FEPO has made a determination that its § 401.15 Time extensions. importation would relieve domestic A person who has received from the shortages or otherwise be beneficial to FEPO an FEP Import Authorization may the economy of this county, the FEPO file with the FEPO, prior to the expirashall issue an FEP Import Authorization tion date thereof, a request for an ex(Form FEPF-4). The original of the tension of time. Such request shall state FEP Import Authorization shall be

any reasons why the extension is needed, transmitted to the owner of the prop- and the duration of the extension reerty and two copies of each FEP Import quested. The FEPO may allow or deny Authorization shall be furnished to the

the request in whole or in part. In deCollector of Customs at the proposed termining whether a time extension port of entry.

should be granted, the FEPO shall con(b) Proof of ownership shall consist sider whether the importation of the of a photocopy of bill of sale of the property applied for would relieve doproperty involved or other evidence of mestic shortages or otherwise be benetitle satisfactory to the FEPO.

ficial to the economy of this country dur(c) FEP Import Authorizations shall ing the period of such extension. He expire upon the expiration date of the shall promptly notify the applicant of his FEPO Import Determination with re- decision, and, if he grants an extension spect to the same property, and shall of time, he shall promply inform the constitute the sole authority for the im- Collector of Customs at the proposed portation thereof into the United States port of entry. within such period.

(d) Each original FEP Import Au- $ 401.16 Finality of decisions. thorization shall be presented to the Decisions of the FEPO are final when Collector of Customs for his indorse- issued. Requests for reconsideration ment at the time of entry of any prop- must be in writing and may be entererty described therein.

tained by the FEPO in his discretion, but

no request for reconsideration shall ex§ 401.14 Transfer of FEP Import Au

tend the period within which an appeal thorizations.

must be taken to the Appeals Board (a) The holder of an FEP Import from a decision by the FEPO. Authorization may transfer it to a transferee of the foreign excess property spec

§ 401.17 Appeals. ified therein. If such transfer shall be (a) A person aggrieved by the issuof all the foreign excess property spec- ance of an FEP Import Determination ified in the FEP Import Authorization, that the importation of specified and the FEP Import Authorization may be identified foreign excess property would transferred by assignment to the trans- not relieve domestic shortages or otherferee of the property. If such transfer wise be beneficial to the economy of this shall be of a part of the foreign excess country may appeal to the Appeals property specified in the FEP Import Board for the Department of Commerce Authorization, the holder of the FEP as provided in this section. The Appeals

Board shall also have jurisdiction to decide appeals from persons to whom an application has been returned without action pursuant to § 401.11(c), from persons whose Request for FEP Import Authorization shall have been denied, and from persons whose request for an extension of time pursuant to § 401.15 has been denied.

(b) The only grounds for appeal which the Appeals Board will consider are that the FEPO erred:

(1) In determining that an application should be returned without action (§ 401.11(c)).

(2) In applying the criteria and principles prescribed in § 401.4 to the facts of the case.

(3) In failing or refusing to issue an FEP Import Authorization as provided in § 401.13.

(4) In determining that a request for a time extension pursuant to § 401.15 should not be granted.

(5) In determining that an application under the Small Lot Procedure established by $ 401.6 has failed to meet the conditions specified therein.

(c) The Appeals Board shall have jurisdiction of appeals with respect to actions taken pursuant to § 401.19(a).

(de Appeals from actions of the FEPO must be filed within 30 days of the date of the action appealed from. Such appeals shall be by letter in triplicate addressed to the Appeals Board, Department of Commerce, Washington 25, D.C., Ref: FEP Order No. 1. If the applicant so requests, the Appeals Board shall grant him a hearing at the office of the Board at the Department of Commerce, Washington, D.C.

(e) Decisions of the Appeals Board shall be communicated in writing to the FEPO and to the appellant and shall be carried out by an appropriate action of the FEPO. § 401.18 Exemption of Government

owned property. Nothing in this part shall be construed as limiting the authority of any Government agency to import Governmentowned property into the United States. § 401.19 Violations and penalties.

(a) Any person who imports, or attempts to import, foreign excess property into the United States and who fails to comply, both before and after such importation or attempted importation, with the provisions of this part is subject

to administrative action terminating his right to submit applications to the FEPO and cancelling any FEP Import Determinations and FEP Import Authorizations issued to such person.

(b) Any person who fraudulently or knowingly imports into the United States any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law, shall upon conviction, be fined not more than $10,000 or imprisoned not more than five years, or both. Proof of defendant's possession of such goods, unless explained to the satisfaction of the jury, shall be deemed evidence sufficient to authorize conviction. Merchandise introduced into the United States in violation of this provision, or the value thereof, to be recovered from any person described in this paragraph, shall be forfeited to the United States (18 U.S.C. 545).

(c) Any person who knowingly and wilfully makes any false, fictitious or fraudulent statement or representation to an employee of the Department of Commerce or of the Bureau of Customs in any matter concerning the importation of foreign excess property shall, upon conviction, be fined not more than $10,000 or imprisoned not more than five years, or both (18 U.S.C. 1001).

§ 401.20 Cancellation of certain deter

minations. (a) All authorizations, permits, determinations, licenses, and approvals issued on or before December 31, 1955, by the FEPO for the importation of foreign excess property are hereby canceled, rescinded and revoked.

(b) Nothing contained in this part shall be construed as extending the validity of any authorization, permit, license, or approval for the importation of foreign excess property which shall have expired in accordance with the terms thereof. § 401.21 Communications.

All communications concerning this part shall, unless otherwise stated, be addressed to the Foreign Excess Property Officer, Business and Defense Services Administration. Department of Commerce, Washington 25, D.C.

86-095 0 - 68 - 4

§ 401.22 Transitional provisions.

$ 401.23 Revocations of previous dele

gations and orders. (a) All FEP Import Determinations and FEP Import Authorizations hereto

This Order supersedes Foreign Excess fore issued which are in effect at the

Property Order No. 1 (Revised) 24 F.R. time of entry into force of this Order

366, as amended 24 F.R. 5119, 24 F.R. shall remain in force in accordance with

8548, 25 F.R. 7031, and all Orders and their terms.

delegations prior thereto.

The supersession of prior orders and delegations

hereby does not revive any rights, priv(b) All applications pending before ileges, licenses, or permits heretofore the FEPO at the time of entry into force issued which have expired by passage of of this Order shall be considered in ac- time or have been terminated pursuant cordance with the provisions hereof. to any such prior Order or delegation.

ANNEX 1

Form Approved, Budget Bureau No. 41-R-1959

DATE

Form FEPF-1 (1-7-59)

APPLICATION NO.
(Do not write in this space)

U.S. DEPARTMENT OF COMMERCE BUSINESS AND DEFENSE SERVICES ADMINISTRATION

APPLICATION FOR FEP IMPORT

DETERMINATION

GENERAL INSTRUCTIONS. All information re

quired in Part I of this form must be supplied. Applications not completely filled out or which are not executed as required in these instructions will be returned to applicant without action. This application must be limited to property acquired or to be acquired in a single transaction. Application must be executed by owner or by proposed owner of property. It may not be executed by a broker or agent. When applicant is a partnership, firm, or corporation, application must be signed personally by a partner or duly authorized officer. If sufficient space is not provided for any answer, additional sheets shall be attached and referred to. Exhibits, letters, etc. shall be similarly attached. Part II of this form is to be completed only when the applicant is the owner of the property and is requesting an FEP Import Authorization to import such property into the United States. This application must be submitted in duplicate to the Foreign Excess Property Officer, Business and Defense Services Administration, U.S. Department of Commerce, Washington 25, D.C.

To: Foreign Excess Property Officer

Business and Defense Services Administration
U.S. Department of Commerce
Washington 25, D.C.

PART I-ALL ITEMS IN PART I MUST BE COMPLETED

The undersigned hereby applies to the Foreign Excess Property Officer for a determination with respect to the importation of the foreign excess property described in Item 3 of this application.

1. NAME OF APPLICANT

2. BUSINESS ADDRESS (Street, City, Zone, State)

3. DESCRIPTION OF PROPERTY. (A detailed description of the property must be furnished, giving as far as

practicable for each item the make, type, and quantity, and any identifying marks and serial numbers. If the property has been purchased or is to be purchased from a U.S. Government Agency pursuant to an invitation, to bid, auction or other means of disposal, the item number and the description of the property in the sale catalog must be included or a statement must be made that no such sale catalog has been published.)

(Continue with Part I on reverse side)

CERTIFICATION. The undersigned company and the official executing this certification on its behalf hereby

certifies that the information contained in this application is correct and complete to the best of their knowledge and belief.

NAME OF COMPANY

SIGNATURE OF APPLICANT

DATE

The U.S. Code, Title 18 (Crimes and Criminal Procedure), Section 1001, makes it a criminal offense to make a wilfully false statement or representation to any department or agency of the United States as to any matter within its jurisdiction. Any person who knowingly and wilfully makes any false, fictitious, or fraudulent statement or representation to the FEPO or to an employee of the Bureau of Customs in any matter concerning the importation of foreign excess property shall, upon conviction, be fined not more than $10,000 or imprisoned not more than five years, or both (18 U.S.C. 1001).

COMPLETE FORM BEFORE SIGNING CERTIFICATION

4. PRESENT OWNERSHIP OF PROPERTY (If applicant checks Item C, submits proof of ownership of prop

erty described together with other identifying information required, and completes Part II of this form, this application will also be accepted in lieu of Form FEPF-3, Request for FEP Import Authorization.)

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B. Owner cther than U.S. Gov't. or Applicant. Supply following information:

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C. Applicant (Attach proof of ownership, i.e., photocopy of bill of sale or other evidence of title). Supply the fol

lowing information.

(1) Location of sale by U.S. Gov't. Agency (2) Date of Sale by U.S.

Gov't. Agency

(3) Name of selling agency (U.S. Gov't.)

(4) Present location of property

(5) Name and address of seller if property purchased from other than

U.S. Gov't. Agency

5. Domestic shortage of property or other benefit to the economy of this country (State whether importation of the

property would relieve domestic shortages, or whether, and in what respects, importation would benefit the domestic economy. Such statements must be accompanied by all available supporting evidence, including, for example, supply-demand data, production and consumption statistics, statement of inability to obtain the type of property domestically, statements of manufacturers that production has been discontinued and no substitutes are reasonably available, and the like.)

PART II-TO BE COMPLETED ONLY IF APPLICANT IS OWNER OF PROPERTY, HAS CHECKED

ITEM 4C, AND HAS ATTACHED PROOF OF OWNERSHIP

The undersigned, as owner of the foreign excess property described in Item 3 above, hereby requests the Foreign Excess Property Officer to issue an FEP Importation Authorization for the importation of such property into the United States

1. Proposed date and port of importation

2. Name of ship or other carrier, if known

Date

Port

3. Bureau of Customs Data (If property is held in a U.S. Customs warehouse, or otherwise in control of the Bureau

of Customs, give full particulars regarding the following):

(a) Status of property

(b) Type of Customs entry

(c) Identifying Customs num

bers and symbols

(Sign Certification on Face of Form)

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