[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR356.12]

[Page 313-314]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         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.  356.12  Sanctions for violation of a protective order or disclosure undertaking.


    (a) A person, other than a person exempted from this part by the 
provisions of section 777f(f)(4) of the Act (19 U.S.C. 1677f(f)(4)), 
determined under this part to have violated a protective order or a 
disclosure undertaking may be subjected to any or all or the following 
sanctions:

[[Page 314]]

    (1) Liable to the United States for a civil penalty not to exceed 
$100,000 for each violation;
    (2) Barred from appearing before the Department to represent another 
for a designated time period from the date of publication in an official 
publication of a notice that a violation has been determined to exist;
    (3) Denied access to proprietary information for a designated time 
period from the date of publication in an official publication of a 
notice that a violation has been determined to exist;
    (4) Other appropriate administrative sanctions, including striking 
from the record of the panel review any information or argument 
submitted by, or on behalf of, the violating party or the party 
represented by the violating party; terminating any proceeding then in 
progress; or revoking any order then in effect; and
    (5) Required to return material previously provided by the 
investigating authority, and all other materials containing the 
proprietary information, such as briefs, notes, or charts based on any 
such information received under a protective order or a disclosure 
undertaking.
    (b)(1) The firm of which a person determined to have violated a 
protective order or a disclosure undertaking is a partner, associate, or 
employee; any partner, associate, employer, or employee of such person; 
and any person represented by such person may be barred from appearing 
before the Department for a designated time period from the date of 
publication in an official publication of notice that a violation has 
been determined to exist or may be subjected to the sanctions set forth 
in paragraph (a) of this section, as appropriate.
    (2) Each person against whom sanctions are proposed under paragraph 
(b)(1) of this section is entitled to all the administrative rights set 
forth in this subpart separately and apart from rights provided to a 
person subject to sanctions under paragraph (a) of this section, 
including the right to a charging letter, right to representation, and 
right to a hearing, but subject to joinder or consolidation by the 
administrative law judge under Sec.  356.23(b).