[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR501.702]



[Page 53-54]

 

                  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 54]]



    (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.