[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR1400.4]

[Page 420]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
            CHAPTER XIV--MINORITY BUSINESS DEVELOPMENT AGENCY
 
PART 1400_DETERMINATION OF GROUP ELIGIBILITY FOR MBDA ASSISTANCE--Table of Contents
 
Sec. 1400.4  Evidence of social or economic disadvantage.

    (a) The representatives of the group requesting formal designation 
should establish social or economic disadvantage by a preponderance of 
the evidence. Social or economic disadvantage must be chronic, long 
standing, and substantial, not fleeting or insignificant. In determining 
whether a group has made an adequate showing that it has suffered 
chronic racial or ethnic prejudice or cultural bias for the purposes of 
this regulation, a determination will be made as to whether this group 
has suffered the effects of discriminatory practices over which its 
members have no control. Applicants must demonstrate that such social or 
economic conditions have produced impediments in the business world for 
members of the group which are not common to all business people in the 
same or similar business and market place.
    (b) Evidence which will be considered in determining whether groups 
are socially or economically disadvantaged includes but is not limited 
to:
    (1) Statistical profile outlining the national income level and 
standard of living enjoyed by members of the group in comparison to the 
income level and standard of living enjoyed by individuals not 
considered to be members of socially or economically disadvantaged 
groups.
    (2) Evidence of employment discrimination suffered by members of the 
group in comparison to employment opportunities available to individuals 
not considered to be members of socially or economically disadvantaged 
groups.
    (3) Evidence of educational discrimination in comparison to 
educational opportunities available to individuals not considered to be 
members of socially or economically disadvantaged groups.
    (4) Evidence of denial of access to organizations, groups, or 
professional societies, whether in business or in school, based solely 
upon racial and/or ethnic considerations.
    (5) Kinds of businesses and business opportunities available to 
group members in comparison to the kinds of businesses and business 
opportunities available to individuals not considered to be members of 
socially or economically disadvantaged groups.
    (6) Availability of capital to group members in comparison to the 
availability of capital to individuals not considered to be members of 
socially or economically disadvantaged groups.
    (7) Availability of technical and managerial resources to group 
members in comparison to the technical and managerial resources 
available to individuals not considered to be members of socially or 
economically disadvantaged groups.
    (8) Any other evidence of denial of opportunity or access to those 
things which would enable the individual to participate more 
successfully in the American economic system, available to individuals 
not considered to be members of social or economically disadvantaged 
groups.