[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR325.10]

[Page 49-50]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
 CHAPTER III--INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 325_EXPORT TRADE CERTIFICATES OF REVIEW--Table of Contents
 
Sec.  325.10  Modifying or revoking a certificate.

    (a) Action subject to modification or revocation. The Secretary 
shall revoke a certificate, in whole or in part, or modify it, as the 
Secretary or the Attorney General considers necessary, if:
    (1) The export conduct of a person or entity protected by the 
certificate no longer complies with the requirements set forth in Sec.  
325.4(b);
    (2) A person or entity protected by the certificate fails to comply 
with a request for information under paragraph (b) of this section; or
    (3) The certificate holder fails to file a complete annual report.
    (b) Request for information. If the Secretary or the Attorney 
General has reason to believe that the export trade, export trade 
activities, or methods of operation of a person or entity protected by a 
certificate no longer comply with the requirements set forth in Sec.  
325.4(b), the Secretary shall request any information that he or the 
Attorney General considers to be necessary to resolve the matter.
    (c) Proceedings for the revocation or modification of a 
certificate--(1) Notification letter. If, after reviewing the relevant 
information in their possession, it appears to the Secretary or the 
Attorney General that a certificate should be revoked or modified for 
any of the reasons set forth in paragraph (a) above, the Secretary shall 
so notify the certificate holder in writing. The notification shall be 
sent by registered or certified mail to the address specified in the 
certificate. The notification shall include a detailed statement of the 
facts, conduct, or circumstances which may warrant the revocation or 
modification of the certificate.
    (2) Answer. The certificate holder shall respond to the notification 
letter within thirty days after receiving it, unless the Secretary, in 
his discretion, grants a thirty day extension for good cause shown. The 
certificate holder shall respond specifically to the statement included 
with the notification letter and state in detail why the facts, conduct 
or circumstances described in the notification letter are not true, or 
if they are true, why they do not warrant the revoking or modifying of 
the certificate. If the certificate holder does not respond within the 
specified period, it will be considered an admission of the statements 
contained in the notification letter.
    (3) Resolution of factual disputes. Where material facts are in 
dispute, the Secretary and the Attorney General shall, upon request, 
meet informally with the certificate holder. The Secretary or the 
Attorney General may require the certificate holder to provide any 
documents or information that are necessary to support its contentions. 
After reviewing the statements of the certificate holder and the 
documents or information that the certificate holder has submitted, and 
upon considering other relevant documents or information in his 
possession, the Secretary shall make proposed findings of the factual 
matters in dispute. The Attorney General is not bound by the proposed 
findings.
    (4) Final determination. The Secretary and the Attorney General 
shall review the notification letter and the certificate holder's answer 
to it, the proposed factual findings made under paragraph (c)(3) of this 
section, and any other relevant documents or information in their 
possession. If, after review, the Secretary or the Attorney General 
determines that the export conduct of a person or entity protected by 
the certificate no longer complies with the standards set forth in Sec.  
325.4(b), the Secretary shall revoke or modify the certificate as 
appropriate. If the Secretary or the Attorney General determines that 
the certificate holder has failed to comply with the request for 
information under paragraph (b) of this section, or has failed to file a 
complete annual report, and that the failure to

[[Page 50]]

comply or file should result in revocation of modification, the 
Secretary shall revoke or modify the certificate as appropriate. The 
determination will be final and will be issued to the certificate holder 
in writing. The notice to the certificate holder shall include a 
statement of the circumstances underlying and the reasons in support of 
the determination. If the Secretary determines to revoke or modify the 
certificate, the decision shall specify the effective date of the 
revocation or modification; this date must be at least thirty days but 
not more than ninety days after the Secretary notifies the certificate 
holder of his determination. The Secretary shall publish notice in the 
Federal Register of a revocation or modification or a decision not to 
revoke or modify.
    (d) Investigative information. In proceedings under this section, 
the Attorney General shall make available to the Secretary any 
information that has been obtained in response to Civil Investigative 
Demands issued under section 304(b)(3) of the Act. Unless prohibited by 
law, the Attorney General and the Secretary shall also make available to 
each other any other information which each is relying upon under these 
proceedings.