a) When to respond. The defendant shall respond to the indictment letter within 30 days of notification of the issuance of an indictment letter initiating administrative enforcement proceedings or within 30 days of notification of an addition or amendment to a letter of summons, unless the time limit is extended in accordance with section 766.16 of this Part. A defendant may appear and participate in person, a business by a duly authorized employee or collaborator, and a partnership by a partner. If a defendant is represented by a lawyer, the lawyer must be a respected member of the bar association of a state, commonwealth or territory of the United States or district of Columbia, or be admitted to the bar of the country where the lawyer resides, if not in the United States. A defendant in person or through a lawyer or other representative must file a summons to appear with the administrative judge. BIS will be represented by the Office of the Chief Legal Counsel for Industry and Security of the U.S. Department of Commerce. (vi) domestic legal advice or the legal advice of the executive addressed to officials of the executive. (c) An organization may act without regard to subparagraph (a) of this article if it is necessary because of a serious threat to health, safety or any other emergency situation, or if a law expressly approves a procedure without a prior opportunity to be heard.
However, when acting in accordance with this subsection, an Agency shall give each person the opportunity to be heard in person or in writing on the legal provisions of the Agency and shall respond in writing as soon as possible. § 4. Fairness and notification of administrative enforcement actions and decisions. When an authority takes an administrative enforcement action, makes a decision or makes another decision that has legal consequences for a person, it may only apply standards of conduct that have been expressed publicly in a manner that would not cause unjust surprise. An agency must avoid unjust surprises, not only when it imposes sanctions, but also when it deems past behavior to be a violation of the law. (a) Questions referred for a preliminary ruling. With the exception of the default procedure provided for in article 766.7 of this Part, the administrative judge shall give the parties a reasonable opportunity to present the following elements, which shall be included in the minutes: § 6. Possibility to challenge the Agency`s decision. (a) Unless provided for in paragraphs (b) and (c) of this article, before an Agency takes any action with respect to a particular person that has legal consequences for that person, including the issuance of a letter of no action, a notice of non-compliance or any other similar communication, the Agency shall give that person an opportunity to be heard.
in person or in writing with regard to the legal and factual provisions proposed by the Agency. The Agency must respond in writing and state the basis for its actions. (b) interrogations and requests for admission or production of documents. A party may serve on any party hearings, applications for admission or requests for the production of documents for inspection and reproduction, and a party concerned may apply to the administrative court for such an enforcement or protection decision which it considers justified in the light of such prior communication. A request for information must be served at least 20 days before the scheduled date of the hearing, unless the administrative judge sets a shorter time limit. Copies of hearings, applications for admission and applications for the presentation of documents and replies thereto shall be served on all parties and a copy of the certificate of service shall be submitted to the administrative judge. Questions of fact or law the inclusion of which is requested shall be deemed admissible unless the receiving Party of the application submits to the requesting Party an affidavit within a period specified in the application (at least 10 days after notification or within an additional period granted by the administrative judge), in which either the matters in respect of which admission is sought: is specifically rejected or the reasons are set out in detail why the party to whom the request is addressed cannot honestly admit or deny such matters. (d) enforcement. The administrative judge may ask a party to answer certain questions, present certain documents or things, or take other action in response to a formal request for an investigation. If a party does not comply with such an order, the administrative judge may make a decision or initiate the procedure an order he deems appropriate and appropriate.
The judge may lay charges or related defences, in whole or in part, or consider certain facts related to the request for investigation to which the party has not responded or has refused to respond as proven for the purposes of the proceedings in accordance with the allegations of the party requesting disclosure. In addition, enforcement may be sought by a U.S. District Court under Article 12(a) of the ECA. (j) judicial review. Any person involved in a violation of 18 U.S.C. 207(a), (b), or (c) or these regulations may seek judicial review of the administrative decision. The examination is conducted in the competent district court of the United States. (a) tax letters.
The Director of the Export Enforcement Office (OEE) or the Director of the Office of Anti-Boycott Compliance (SAC) or another official of the Department of Commerce appointed by the Assistant Secretary of Commerce for Export Enforcement may initiate an enforcement administrative proceeding under this Part by issuing a tax letter on behalf of the BIS. Amendments 1 and 2 to this Part describe how the BIS normally exercises its discretion with regard to the issuance of accounting letters. The letter of indictment constitutes the formal complaint and indicates that there is reason to believe that there has been a violation of the EAA, the AEOI or any order, license or authorization granted under this Agreement. It will set out the essential facts regarding the alleged infringement, refer to specific regulatory or other provisions and communicate the penalties available under Part 764 of the AEOI. The letter of indictment informs the defendant that failure to meet fees under section 766.6 of this Part will be treated as a breach under section 766.7 of this Part, that the defendant is entitled to a hearing if a written request to do so is requested with the response, and that the defendant may be represented by a lawyer. or by another attorney who has a power of attorney to represent the defendant. A copy of the indictment letter must be submitted to the administrative judge, whose application will result in the expiry of the applicable limitation period. Letters of charge may be amended or supplemented at a later date at any time before a reply is submitted or with the authorization of the administrative judge. The BIS may unilaterally withdraw the indictment letters at any time by informing the defendant and the administrative judge. (c) deposits. At the request of a party and for good cause, the administrative judge may order the testimony of a person by testimony and presentation of certain documents or documents by the person at the time of the testimony.