[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR803.4]

[Page 616]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 803_TRANSMITTAL RULES--Table of Contents
 
Sec. 803.4  Foreign persons refusing to file notification.

    (a) In an acquisition to which Sec. 801.30 does not apply, and in 
which no assets (other than investment assets) located in the United 
States and no voting securities of a United States issuer will be 
acquired directly or indirectly, if a foreign acquired person refuses to 
file notification, then any other person which is a party to the 
acquisition may file notification on behalf of the foreign person. Such 
notification shall constitute the notification required of the foreign 
person by the act and these rules.
    (b) Any person filing on behalf of the foreign person pursuant to 
this section must state in the affidavit required by Sec. 803.5(b) that 
such foreign person has refused to file notification and must explain 
all efforts made by the person filing on behalf of the foreign person to 
obtain compliance with the act and these rules by such foreign person.
    (c) Any notification filed on behalf of a foreign person pursuant to 
this section must contain all information and documentary material 
reasonably available to the person filing on behalf of the foreign 
person which such foreign person would be required to provide. Whenever 
information or documentary material is not reasonably available, the 
person filing on behalf of the foreign person shall so indicate on the 
Notification and Report Form, and need not supply the statement of 
reasons for noncompliance required by Sec. 803.3.
    (d) Any foreign person on whose behalf notification has been filed 
by another person pursuant to this section shall be a ``person filing 
notification'' for purposes of the act and these rules. Nothing in this 
section shall exempt a foreign person from the requirements of the act 
or these rules with respect to a request for additional information or 
an extension of the waiting period pursuant to section 7A(e) and these 
rules.

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