[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: 15CFR719.5]

[Page 183-184]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 719_ENFORCEMENT--Table of Contents
 
Sec.  719.5  Initiation of administrative proceedings.

    (a) Request for Notice of Violation and Assessment (NOVA). The 
Director of the Office of Export Enforcement, Bureau of Industry and 
Security, may request that the Secretary of State initiate an 
administrative enforcement proceeding under this Sec.  719.5 and 22 CFR 
103.7. If the request is in accordance with applicable law, the 
Secretary of State will initiate an administrative enforcement 
proceeding by issuing a NOVA. The Office of Chief Counsel shall serve 
the NOVA as directed by the Secretary of State.
    (b) Letter of intent to charge. The Director of the Office of Export 
Enforcement, Bureau of Industry and Security, may notify a respondent by 
letter of the intent to charge. This letter of intent to charge will 
advise a respondent that the Department of Commerce has conducted an 
investigation and intends to recommend that the Secretary of State issue 
a NOVA. The letter of intent to charge will be accompanied by a draft 
NOVA and proposed order, and will give the respondent a specified period 
of time to contact BIS to discuss settlement of the allegations set 
forth in the draft NOVA. An administrative enforcement proceeding is not 
initiated by a letter of intent to charge. If the respondent does not 
contact BIS within the specified time, or if the respondent requests it, 
BIS will make its request for initiation of an administrative 
enforcement proceeding to the Secretary

[[Page 184]]

of State in accordance with paragraph (a) of this section.
    (c) Content of NOVA. The NOVA shall constitute a formal complaint, 
and will set forth the basis for the issuance of the proposed order. It 
will set forth the alleged violation(s) and the essential facts with 
respect to the alleged violation(s), reference the relevant statutory, 
regulatory or other provisions, and state the amount of the civil 
penalty to be assessed. The NOVA will inform the respondent of the right 
to request a hearing pursuant to Sec.  719.6, inform the respondent that 
failure to request such a hearing shall result in the proposed order 
becoming final and unappealable on signature of the Secretary of State, 
and provide payment instructions. A copy of the regulations that govern 
the administrative proceedings will accompany the NOVA.
    (d) Proposed order. A proposed order shall accompany every NOVA, 
letter of intent to charge, and draft NOVA. It will briefly set forth 
the substance of the alleged violation(s) and the statutory, regulatory 
or other provisions violated. It will state the amount of the civil 
penalty to be assessed.
    (e) Notice. Notice of the intent to charge or of the initiation of 
formal proceedings shall be given to the respondent (or respondent's 
agent for service of process, or attorney) by sending relevant 
documents, via first class mail, facsimile, or by personal delivery.