[Code of Federal Regulations]
[Title 31, Volume 2]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 31CFR501.702]

[Page 567-568]
 
                  TITLE 31--MONEY AND FINANCE: TREASURY
 
 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY
 
PART 501_REPORTING, PROCEDURES AND PENALTIES REGULATIONS--Table of Contents
 
          Subpart D_Trading With the Enemy Act (TWEA) Penalties
 
Sec. 501.702  Definitions.

    (a) Chief Counsel means the Chief Counsel (Foreign Assets Control), 
Office of the General Counsel, Department of the Treasury.
    (b) Day means calendar day. In computing any period of time 
prescribed in or allowed by this subpart, the day of the act, event, or 
default from which the designated period of time begins to run shall not 
be included. The last day of the period so computed shall be included 
unless it is a Saturday, Sunday, or Federal legal holiday, in which 
event the period runs until the end of the next day that is not a 
Saturday, Sunday, or Federal legal holiday. Intermediate Saturdays, 
Sundays, and Federal legal holidays shall be excluded from the 
computation when the period of time prescribed or allowed is seven days 
or less, not including any additional time allowed for service by mail. 
If on the day a filing is to be made, weather or other conditions have 
caused the designated filing location to close, the filing deadline 
shall be extended to the end of the next day that the filing location is 
not closed and that is not a Saturday, a Sunday, or a Federal legal 
holiday. If service is made by mail, three days shall be added to the 
prescribed period for response.
    (c) Department means the Department of the Treasury.
    (d) Director means the Director of the Office of Foreign Assets 
Control, Department of the Treasury.
    (e) Ex Parte Communication means any material oral or written 
communication not on the public record concerning the merits of a 
proceeding with respect to which reasonable prior notice to all parties 
is not given, on any material matter or proceeding covered by these 
rules, that takes place between: A party to the proceeding, a party's 
counsel, or any other interested individual; and the Administrative Law 
Judge or Secretary's designee handling that proceeding. A request to 
learn the status of a proceeding does not constitute an ex parte 
communication; and settlement inquiries and discussions do not 
constitute ex parte communications.
    (f) General Counsel means the General Counsel of the U.S. Department 
of the Treasury.
    (g) Order of Settlement means a written order issued by the Director 
terminating a civil penalty action. An Order of Settlement does not 
constitute an agency decision that any violation took place.
    (h) Order Instituting Proceedings means a written order issued by 
the Director to initiate a civil penalty hearing.
    (i) Prepenalty Notice means a written notification from the Director 
informing a respondent of the alleged violation(s) and the respondent's 
right to respond.
    (j) Penalty Notice means a written notification from the Director 
informing a respondent that the Director has made a finding of violation 
and, absent a request for a hearing, will impose a civil monetary 
penalty.

[[Page 568]]

    (k) Proceeding means any agency process initiated by an ``Order 
Instituting Proceedings,'' or by the filing of a petition for review of 
an Administrative Law Judge's decision or ruling.
    (l) Respondent means any individual alleged by the Director to have 
violated a TWEA-based sanctions regulation.
    (m) Secretary's designee means a U.S. Treasury Department official 
delegated responsibility by the Secretary of the Treasury to consider 
petitions for review of Administrative Law Judge decisions made in civil 
penalty hearings conducted pursuant to this subpart.
    (n) Secretary means the Secretary of the Treasury.