[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: 19CFR356.18]

[Page 316-318]
 
                        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.  356.18  Interim sanctions.

    (a) If the Deputy Under Secretary concludes, after issuing a 
charging letter under Sec.  356.16 and before a final decision is 
rendered, that interim sanctions are necessary to protect the interests 
of the Department, an authorized agency of the involved FTA country, or 
others, including the protection of proprietary information, the Deputy 
Under Secretary may petition an administrative law judge to impose such 
sanctions.
    (b) The administrative law judge may impose interim sanctions 
against a person upon determining that:
    (1) There is probable cause to believe that there was a violation of 
a protective order or a disclosure undertaking and the Department is 
likely to prevail in obtaining sanctions under this subpart;

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    (2) The Department, authorized agency of the involved FTA country, 
or others are likely to suffer irreparable harm if the interim sanctions 
are not imposed; and
    (3) The interim sanctions are a reasonable means for protecting the 
rights of the Department, authorized agency of the involved FTA country, 
or others while preserving to the greatest extent possible the rights of 
the person against whom the interim sanctions are proposed.
    (c) Interim sanctions which may be imposed include any sanctions 
that are necessary to protect the rights of the Department, authorized 
agency of the involved FTA country, or others, including, but not 
limited to:
    (1) Denying a person further access to proprietary information;
    (2) Barring a person from representing another person before the 
Department;
    (3) Barring a person from appearing before the Department; and
    (4) Requiring the person to return material previously provided by 
the Department or the investigating authority of the involved FTA 
country, 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 disclosure undertaking.
    (d) The Deputy Under Secretary will notify the person against whom 
interim sanctions are sought of the request for interim sanctions and 
provide to that person the material submitted to the administrative law 
judge to support the request. The notice will include a reference to the 
procedures of this section.
    (e) A person against whom interim sanctions are proposed has a right 
to oppose the request through submission of material to the 
administrative law judge. The administrative law judge has discretion to 
permit oral presentations and to allow further submissions.
    (f) The administrative law judge will notify the parties of the 
decision on interim sanctions and the basis therefor within five days of 
the conclusion of oral presentations or the date of final written 
submissions.
    (g) If interim sanctions have been imposed, the investigation and 
any proceedings under this subpart will be conducted on an expedited 
basis.
    (h) An order imposing interim sanctions may be revoked at any time 
by the administrative law judge and expires automatically upon the 
issuance of a final order.
    (i) The administrative law judge may reconsider imposition of 
interim sanctions on the basis of new and material evidence or other 
good cause shown. The Deputy Under Secretary or a person against whom 
interim sanctions have been imposed may appeal a decision on interim 
sanctions to the APO Sanctions Board, if such an appeal is certified by 
the administrative law judge as necessary to prevent undue harm to the 
Department or authorized agency of the involved FTA country, a person 
against whom interim sanctions have been imposed or others, or is 
otherwise in the interests of justice. Interim sanctions which have been 
imposed remain in effect while an appeal is pending, unless the 
administrative law judge determines otherwise.
    (j) The Deputy Under Secretary may request an administrative law 
judge to impose emergency interim sanctions to preserve the status quo. 
Emergency interim sanctions may last no longer than 48 hours, excluding 
weekends and holidays. The person against whom such emergency interim 
sanctions are proposed need not be given prior notice or an opportunity 
to oppose the request for sanctions. The administrative law judge may 
impose emergency interim sanctions upon determining that the Department 
or authorized agency of the involved FTA country is, or others are, 
likely to suffer irreparable harm if such sanctions are not imposed and 
that the interests of justice would thereby be served. The 
administrative law judge will promptly notify a person against whom 
emergency sanctions have been imposed of the sanctions and their 
duration.
    (k) If a hearing has not been requested, the Deputy Under Secretary 
will request that the Under Secretary appoint an administrative law 
judge for making determinations under this section.

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    (l) The Deputy Under Secretary will notify the Secretariat 
concerning the imposition or revocation of interim sanctions or 
emergency interim sanctions.