[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: 15CFR766.25]

[Page 535-536]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 766--ADMINISTRATIVE ENFORCEMENT PROCEEDINGS--Table of Contents
 
Sec. 766.25  Administrative action denying export privileges.

    (a) General. The Director of the Office of Exporter Services, in 
consultation with the Director of the Office of Export Enforcement, may 
deny the export privileges of any person who has been convicted of a 
violation of the EAA, the EAR, or any order, license, or authorization 
issued thereunder; any regulation, license or order issued under the 
International Emergency Economic Powers Act (50 U.S.C. 1701-1706); 18 
U.S.C. 793, 794 or 798; section 4(b) of the Internal Security Act of 
1950 (50 U.S.C. 783(b)), or section 38 of the Arms Export Control Act 
(22 U.S.C. 2778).
    (b) Procedure. Upon notification that a person has been convicted of 
a violation of one or more of the provisions specified in paragraph (a) 
of this section, the Director of the Office of Exporter Services, in 
consultation with the Director of the Office of Export Enforcement, will 
determine whether to deny such person export privileges, including but 
not limited to applying for, obtaining, or using any license, License 
Exception, or export control document; or participating in or benefiting 
in any way from any export or export-related transaction subject to the 
EAR. Before taking action to deny a person export privileges under this 
section, the Director of the Office of Exporter Services will provide 
the person written notice of the proposed action and an opportunity to 
comment through a written submission, unless exceptional circumstances 
exist. In reviewing the response, the Director of the Office of Exporter 
Services will consider any relevant or mitigating evidence why these 
privileges should not be denied. Upon final determination, the Director 
of the Office of Exporter Services will notify by letter each person 
denied export privileges under this section.
    (c) Criteria. In determining whether and for how long to deny U.S. 
export privileges to a person previously convicted of one or more of the 
statutes set forth in paragraph (a) of this section, the Director of the 
Office of Exporter Services may take into consideration any relevant 
information, including, but not limited to, the seriousness of the 
offense involved in the criminal prosecution, the nature and

[[Page 536]]

duration of the criminal sanctions imposed, and whether the person has 
undertaken any corrective measures.
    (d) Duration. Any denial of export privileges under this section 
shall not exceed 10 years from the date of the conviction of the person 
who is subject to the denial.
    (e) Effect. Any person denied export privileges under this section 
will be considered a ``person denied export privileges'' for purposes of 
Sec. 736.2(b)(4) (General Prohibition 4--Engage in actions prohibited by 
a denial order) and Sec. 764.2(k) of the EAR.
    (f) Publication. The name and address(es) of any person denied 
export privileges under this section will be published as described in 
Supplement No. 2 to part 764 of the EAR, noting that such action was 
taken pursuant to this section and section 11(h) of the EAA.
    (g) Appeal. An appeal of an action under this section will be 
pursuant to part 756 of the EAR.
    (h) Applicability to related person. The Director of the Office of 
Exporter Services, in consultation with the Director of the Office of 
Export Enforcement, may take action in accordance with Sec. 766.23 of 
this part to make applicable to related persons an order that is being 
sought or that has been issued under this section.

[61 FR 12907, Mar. 25, 1996, as amended at 65 FR 14863, Mar. 20, 2000]