[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: 15CFR758.8]

[Page 450]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 758_EXPORT CLEARANCE REQUIREMENTS--Table of Contents
 
Sec.  758.8  Return or unloading of cargo at direction of BIS, the Office 
of Export Enforcement or Customs Service.

    (a) Exporting carrier. As used in this section, the term ``exporting 
carrier'' includes a connecting or on-forwarding carrier, as well as the 
owner, charterer, agent, master, or any other person in charge of the 
vessel, aircraft, or other kind of carrier, whether such person is 
located in the United States or in a foreign country.
    (b) ordering return or unloading of shipment. Where there are 
reasonable grounds to believe that a violation of the Export 
Administration Regulations has occurred, or will occur, with respect to 
a particular export from the United States, BIS, the Office of Export 
Enforcement, or the U.S. Customs Service may order any person in 
possession or control of such shipment, including the exporting carrier, 
to return or unload the shipment. Such person must, as ordered, either:
    (1) Return the shipment to the United States or cause it to be 
returned or;
    (2) Unload the shipment at a port of call and take steps to assure 
that it is placed in custody under bond or other guaranty not to enter 
the commerce of any foreign country without prior approval of BIS. For 
the purpose of this section, the furnishing of a copy of the order to 
any person included within the definition of exporting carrier will be 
sufficient notice of the order to the exporting carrier.
    (c) Requirements regarding shipment to be unloaded. The provisions 
of Sec.  758.5(b) and (c) of this part, relating to reporting, 
notification to BIS, and the prohibition against unauthorized delivery 
or entry of the item into a foreign country, shall apply also when items 
are unloaded at a port of call, as provided in paragraph (b)(2) of this 
section.
    (d) Notification. Upon discovery by any person included within the 
term ``exporting carrier,'' as defined in paragraph (a) of this section, 
that a violation of the EAR has occurred or will occur with respect to a 
shipment on board, or otherwise in the possession or control of the 
carrier, such person must immediately notify both:
    (1) The Office of Export Enforcement at the following address: Room 
H-4520, U.S. Department of Commerce, 14th Street and Constitution Ave., 
N.W., Washington D.C. 20230, Telephone: (202) 482 1208, Facsimile: (202) 
482-0964; and
    (2) The person in actual possession or control of the shipment.