[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR719.19]

[Page 188-189]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 719--ENFORCEMENT--Table of Contents
 
Sec. 719.19  Settlement.

    (a) Settlements before issuance of a NOVA. When the parties have 
agreed to a settlement of the case, the Director of the Office of Export 
Enforcement will recommend the settlement to the Secretary of State, 
forwarding a proposed settlement agreement and order, which, in 
accordance with 22 CFR 103.9(a), the Secretary of State will sign if the 
recommended settlement is in accordance with applicable law.
    (b) Settlements following issuance of a NOVA. The parties may enter 
into settlement negotiations at any time during the time a case is 
pending before the ALJ. If necessary, the parties may extend applicable 
time limitations or otherwise request that the ALJ stay the proceedings 
while settlement negotiations continue. When the parties have agreed to 
a settlement of the case, the Office of Chief Counsel will recommend the 
settlement to the Secretary of State, forwarding a proposed settlement 
agreement and order, which, in accordance with 22 CFR 103.9(b), the 
Assistant Secretary will sign if the recommended settlement is in 
accordance with applicable law.
    (c) Settlement scope. Any respondent who agrees to an order imposing 
any administrative sanction does so solely for the purpose of resolving 
the claims in the administrative enforcement proceeding brought under 
this part. This reflects the fact that the government officials involved 
have neither the authority nor the responsibility for initiating, 
conducting, settling, or otherwise disposing of criminal proceedings. 
That authority and responsibility are vested in the Attorney General and 
the Department of Justice.

[[Page 189]]

    (d) Finality. Cases that are settled may not be reopened or 
appealed.