[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: 15CFR719.1]

[Page 181]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 719_ENFORCEMENT--Table of Contents
 
Sec.  719.1  Scope and definitions.

    (a) Scope. This part 719 describes the various sanctions that apply 
to violations of the Act and this subchapter. It also establishes 
detailed administrative procedures for certain violations of the Act. 
The three categories of violations are as follows:
    (1) Violations of the Act subject to administrative and criminal 
enforcement proceedings. This CWCR sets forth in Sec.  719.2 violations 
for which the statutory basis is the Act. The Department of Commerce 
investigates these violations and, for administrative proceedings, 
prepares charges, provides legal representation to the U.S. Government, 
negotiates settlements, and makes recommendations to officials of the 
Department of State with respect to the initiation and resolution of 
proceedings. The administrative procedures applicable to these 
violations are found in Sec. Sec.  719.5 through 719.22 of this part. 
The Department of State gives notice of initiation of administrative 
proceedings and issues orders imposing penalties pursuant to 22 CFR part 
103, subpart C.
    (2) Violations of the International Emergency Economic Powers Act 
(IEEPA) subject to judicial enforcement proceedings. Section 719.3 sets 
forth violations of the Chemical Weapons Convention for which the 
statutory basis is the IEEPA. The Department of Commerce refers these 
violations to the Department of Justice for civil or criminal judicial 
enforcement.
    (3) Violations and sanctions under the Act not subject to 
proceedings under this subchapter. Section 719.4 sets forth violations 
and sanctions under the Act that are not violations of this subchapter 
and that are not subject to proceedings under this subchapter. This 
section is included solely for informational purposes. The Department of 
Commerce may assist in investigations of these violations, but has no 
authority to initiate any enforcement action under this subchapter.

    Note to paragraph (a):
    This part 719 does not apply to violations of the export 
requirements imposed pursuant to the Chemical Weapons Convention and set 
forth in the Export Administration Regulations (EAR) (15 CFR parts 730 
through 799) and in the International Traffic in Arms Regulations (ITAR) 
(22 CFR parts 120 through 130).

    (b) Definitions. The following are definitions of terms as used only 
in parts 719 and 720. For definitions of terms applicable to parts 710 
through 722 of this subchapter, see part 710 of this subchapter.
    The Act. The Chemical Weapons Convention Implementation Act of 1998 
(22 U.S.C. 6701-6777).
    Assistant Secretary for Export Enforcement. The Assistant Secretary 
for Export Enforcement, Bureau of Industry and Security, United States 
Department of Commerce.
    Final decision. A decision or order assessing a civil penalty, or 
otherwise disposing of or dismissing a case, which is not subject to 
further administrative review, but which may be subject to collection 
proceedings or judicial review in an appropriate Federal court as 
authorized by law.
    IEEPA. The International Emergency Economic Powers Act, as amended 
(50 U.S.C. 1701-1706).
    Office of Chief Counsel. The Office of Chief Counsel for Industry 
and Security, United States Department of Commerce.
    Report. For purposes of parts 719 and 720 of this subchapter, the 
term ``report'' means any declaration, report, or notification required 
under parts 712 through 715 of this subchapter.
    Respondent. Any person named as the subject of a letter of intent to 
charge, or a Notice of Violation and Assessment (NOVA) and proposed 
order.
    Under Secretary for Industry and Security. The Under Secretary for 
Industry and Security, U.S. Department of Commerce, who shall 
concurrently hold the title of Under Secretary for Export 
Administration.

[64 FR 73804, Dec.30, 1999, as amended at 67 FR 20631, Apr. 26, 2002; 67 
FR 45633, July 10, 2002]

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