[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: 15CFR766.25]

[Page 541-542]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 766_ADMINISTRATIVE ENFORCEMENT PROCEEDINGS--Table of Contents
 
Sec.  766.25  Administrative action denying export privileges.

    (a) General. The Director of the Office of Exporter Services, in 
consultation with the Director of the Office of Export Enforcement, may 
deny the export privileges of any person who has been convicted of a 
violation of the EAA, the EAR, or any order, license, or authorization 
issued thereunder; any regulation, license or order issued under the 
International Emergency Economic Powers Act (50 U.S.C. 1701-1706); 18 
U.S.C. 793, 794 or 798; section 4(b) of the Internal Security Act of 
1950 (50 U.S.C. 783(b)), or section 38 of the Arms Export Control Act 
(22 U.S.C. 2778).
    (b) Procedure. Upon notification that a person has been convicted of 
a violation of one or more of the provisions specified in paragraph (a) 
of this section, the Director of the Office of Exporter Services, in 
consultation with the Director of the Office of Export Enforcement, will 
determine whether to deny such person export privileges, including but 
not limited to applying for, obtaining, or using any license, License 
Exception, or export control document; or participating in or benefiting 
in any way from any export or export-related transaction subject to the 
EAR. Before taking action to deny a person export privileges under this 
section, the Director of the Office of Exporter Services will provide 
the person written notice of the proposed action and an opportunity to 
comment through a written

[[Page 542]]

submission, unless exceptional circumstances exist. In reviewing the 
response, the Director of the Office of Exporter Services will consider 
any relevant or mitigating evidence why these privileges should not be 
denied. Upon final determination, the Director of the Office of Exporter 
Services will notify by letter each person denied export privileges 
under this section.
    (c) Criteria. In determining whether and for how long to deny U.S. 
export privileges to a person previously convicted of one or more of the 
statutes set forth in paragraph (a) of this section, the Director of the 
Office of Exporter Services may take into consideration any relevant 
information, including, but not limited to, the seriousness of the 
offense involved in the criminal prosecution, the nature and duration of 
the criminal sanctions imposed, and whether the person has undertaken 
any corrective measures.
    (d) Duration. Any denial of export privileges under this section 
shall not exceed 10 years from the date of the conviction of the person 
who is subject to the denial.
    (e) Effect. Any person denied export privileges under this section 
will be considered a ``person denied export privileges'' for purposes of 
Sec.  736.2(b)(4) (General Prohibition 4--Engage in actions prohibited 
by a denial order) and Sec.  764.2(k) of the EAR.
    (f) Publication. The orders denying export privileges under this 
section are published in the Federal Register when issued, and, for the 
convenience of the public, information about those orders may be 
included in compilations maintained by BIS on a Web site and as a 
supplement to the unofficial edition of the EAR available by 
subscription from the Government Printing Office.
    (g) Appeal. An appeal of an action under this section will be 
pursuant to part 756 of the EAR.
    (h) Applicability to related person. The Director of the Office of 
Exporter Services, in consultation with the Director of the Office of 
Export Enforcement, may take action in accordance with Sec.  766.23 of 
this part to make applicable to related persons an order that is being 
sought or that has been issued under this section.

[61 FR 12907, Mar. 25, 1996, as amended at 65 FR 14863, Mar. 20, 2000; 
67 FR 54953, Aug. 27, 2002]