[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR192.13]

[Page 636-637]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 192--EXPORT CONTROL--Table of Contents
 
  Subpart B--Filing of Export Information Through the Automated Export 
                              System (AES)
 
Sec. 192.13  Revocation of participants' AES post-departure (Option 4) filing privileges; appeal procedures.

    (a) Reasons for revocation. Customs may revoke Option 4 privileges 
of participants for the following reasons:
    (1) The exporter has made or caused to be made in the ``Letter of 
Intent'', a false or misleading statement or omission with respect to 
any material fact;
    (2) The exporter submitting the ``Letter of Intent'' is indicted, 
convicted, or is currently under an investigation, wherein Customs has 
developed probable cause, for a felony involving any Customs law or any 
export law administered by another government agency;
    (3) The exporter fails to substantially comply with export 
regulations; or
    (4) Continued participation in AES as an Option 4 filer would pose a 
threat to national security, such that continued participation in Option 
4 should be terminated.
    (b) Notice of revocation; appeal procedures. When Customs has 
decided to revoke a participant's Option 4 filing privileges, the 
participant will be notified in writing of the reason(s) for the 
decision. The participant may challenge Customs decision by filing an 
appeal within thirty (30) calendar days of receipt of the notice of 
decision. Except as stated elsewhere in this paragraph, the revocation 
will become effective when the participant has either exhausted all 
appeal proceedings or thirty (30) calendar days after receipt of the 
notice of revocation if no appeal is filed. However, in cases of 
intentional violations of any Customs law on the part of the program 
participant or when required by the national security, revocations will 
become effective immediately upon notification. Appeals should be 
addressed to the Director, Outbound Programs, U.S. Customs, Ronald 
Reagan Building, 1300 Pennsylvania Ave, NW, Room 5.4c, Washington, DC 
20229. Customs will issue a written decision or notice of extension to 
the participant within thirty (30) calendar days of receipt of the 
appeal. If a notice of extension is forwarded, the applicant

[[Page 637]]

will be provided with the reason(s) for extension of this time period 
and an expected date of decision. Participants who have had their Option 
4 filing privileges revoked and applicants not selected to participate 
in Option 4 of AES may not reapply for this filing status for one year 
following written notification of rejection or revocation.

                        PARTS 193--199 [RESERVED]