[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: 19CFR356.27]

[Page 321-322]
 
                        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. 356.27  Final decision.

    (a) APO Sanctions Board. Upon request of a party, the initial 
decision will be reviewed by the members of the APO Sanctions Board. The 
Board consists of the Under Secretary for International Trade, who shall 
serve as Chairperson, the Under Secretary for Economic Affairs, and the 
General Counsel.
    (b) Comments on initial decision. Within 30 days after issuance of 
the initial decision, a party may submit written comments to the APO 
Sanctions Board on the initial decision, which the Board will consider 
when reviewing the initial decision. The parties have no right to an 
oral presentation, although the Board may allow oral argument in its 
discretion.
    (c) Final decision by the APO Sanctions Board. Within 60 days but 
not sooner than 30 days after issuance of an initial decision, the APO 
Sanctions Board may issue a final decision which adopts the initial 
decision in its entirety; differs in whole or in part from the initial 
decision, including the imposition of lesser included sanctions; or 
remands the matter to the administrative law judge or the Deputy Under 
Secretary for further consideration. The only sanctions that the Board 
can impose are those sanctions proposed in the charging letter or lesser 
included sanctions.
    (d) Content's of final decision. If the final decision of the APO 
Sanctions Board does not remand the matter and differs from the initial 
decision, it will state findings and conclusions which differ from the 
initial decision, if any, the basis for those findings and conclusions, 
and the sanctions which are to

[[Page 322]]

be imposed, to the extent they differ from the sanctions in the initial 
decision.
    (e) Public notice of sanctions. If the final decision is that there 
has been a violation of a protective order or a disclosure undertaking 
and that sanctions are to be imposed, notice of the decision will be 
published in the Federal Register and forwarded to the United States 
section of the Secretariat. Such publication will be no sooner than 30 
days after issuance of a final decision or after a motion to reconsider 
has been denied, if such a motion was filed. If the final decision is 
made in a proceeding based upon a request to charge by an authorized 
agency of an FTA country, the decision will be forwarded to the 
Secretariat of the involved FTA country for transmittal to the 
authorized agency of the FTA country for publication in the official 
publication or other appropriate action. The Deputy Under Secretary will 
also provide such information to the ethics panel or other disciplinary 
body of the appropriate bar associations or other professional 
associations whenever the Deputy Under Secretary subjects a charged or 
affected party to a sanction under Sec. 356.12(a)(2) and to any Federal 
agency likely to have an interest in the matter and will cooperate in 
any disciplinary actions by any association or agency.