[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: 15CFR766.3]

[Page 530]
 
                  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.  766.3  Institution of administrative enforcement proceedings.

    (a) Charging letters. The Director of the Office of Export 
Enforcement 1 (OEE) or the Director of the Office of 
Antiboycott Compliance (OAC), as appropriate, may begin administrative 
enforcement proceedings under this part by issuing a charging letter in 
the name of BIS. The charging letter shall constitute the formal 
complaint and will state that there is reason to believe that a 
violation of the EAA, the EAR, or any order, license or authorization 
issued thereunder, has occurred. It will set forth the essential facts 
about the alleged violation, refer to the specific regulatory or other 
provisions involved, and give notice of the sanctions available under 
part 764 of the EAR. The charging letter will inform the respondent that 
failure to answer the charges as provided in Sec.  766.6 of this part 
will be treated as a default under Sec.  766.7 of this part, that the 
respondent is entitled to a hearing if a written demand for one is 
requested with the answer, and that the respondent may be represented by 
counsel, or by other authorized representative who has a power of 
attorney to represent the respondent. A copy of the charging letter 
shall be filed with the administrative law judge, which filing shall 
toll the running of the applicable statute of limitations. Charging 
letters may be amended or supplemented at any time before an answer is 
filed, or, with permission of the administrative law judge, afterwards. 
BIS may unilaterally withdraw charging letters at any time, by notifying 
the respondent and the administrative law judge.
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    \1\ By agreement with the Director of the Office of Strategic 
Industries and Economic Resource Administration, the Director of the 
Office of Export Enforcement enforces short supply controls imposed 
under section 7 of the EAA.
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    (b) Notice of issuance of charging letter instituting administrative 
enforcement proceeding. A respondent shall be notified of the issuance 
of a charging letter, or any amendment or supplement thereto:
    (1) By mailing a copy by registered or certified mail addressed to 
the respondent at the respondent's last known address;
    (2) By leaving a copy with the respondent or with an officer, a 
managing or general agent, or any other agent authorized by appointment 
or by law to receive service of process for the respondent; or
    (3) By leaving a copy with a person of suitable age and discretion 
who resides at the respondent's last known dwelling.
    (4) Delivery of a copy of the charging letter, if made in the manner 
described in paragraph (b)(2) or (3) of this section, shall be evidenced 
by a certificate of service signed by the person making such service, 
stating the method of service and the identity of the person with whom 
the charging letter was left. The certificate of service shall be filed 
with the administrative law judge.
    (c) Date. The date of service of notice of the issuance of a 
charging letter instituting an administrative enforcement proceeding, or 
service of notice of the issuance of a supplement or amendment to a 
charging letter, is the date of its delivery, or of its attempted 
delivery if delivery is refused.