[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR356.15]

[Page 315]
 
                        TITLE 19--CUSTOMS DUTIES
 
            CHAPTER III--INTERNATIONAL TRADE ADMINISTRATION,
                         DEPARTMENT OF COMMERCE
 
PART 356--PROCEDURES AND RULES FOR IMPLEMENTING ARTICLE 1904 OF THE NORTH 
AMERICAN FREE TRADE AGREEMENT--Table of Contents
 
 Subpart D--Violation of a Protective Order or a Disclosure Undertaking
 
Sec. 356.15  Initiation of proceedings.

    (a) If the Deputy Under Secretary concludes, after an investigation 
and report by the Director under Sec. 356.14(c) and consultation with 
the Chief Counsel, that there is reasonable cause to believe that a 
person has violated a protective order or a disclosure undertaking and 
that sanctions are appropriate for the violation, the Deputy Under 
Secretary will, at the Deputy Under Secretary's discretion, either 
initiate a proceeding under this subpart by issuing a charging letter as 
set forth in Sec. 356.16 or request that the authorized agency of the 
involved FTA country initiate a proceeding by issuing a request to 
charge as set forth in Sec. 356.17. In determining whether sanctions are 
appropriate and, if so, what sanctions to impose, the Deputy Under 
Secretary will consider the nature of the violation, the resulting harm, 
and other relevant circumstances of the case. The Deputy Under Secretary 
will decide whether to initiate a proceeding no later than 60 days after 
receiving a report of the investigation.
    (b) If the Department receives a request to charge from an 
authorized agency of a FTA country, the Deputy Under Secretary will 
promptly initiate proceedings under this part by issuing a charging 
letter as set forth in Sec. 356.16.