[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: 31CFR539.702]



[Page 213]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 539_WEAPONS OF MASS DESTRUCTION TRADE CONTROL REGULATIONS

--Table of Contents

 

                           Subpart G_Penalties

 

Sec. 539.702  Prepenalty notice.



    (a) When required. If the Director of the Office of Foreign Assets 

Control has reasonable cause to believe that there has occurred a 

violation of any provision of this part or a violation of the provisions 

of any license, ruling, regulation, order, direction, or instruction 

issued by or pursuant to the direction or authorization of the Secretary 

of the Treasury pursuant to this part or otherwise under the 

International Emergency Economic Powers Act, and the Director determines 

that further proceedings are warranted, the Director shall issue to the 

person concerned a notice of intent to impose a monetary penalty. This 

prepenalty notice shall be issued whether or not another agency has 

taken any action with respect to this matter.

    (b) Contents--(1) Facts of violation. The prepenalty notice shall 

describe the violation, specify the laws and regulations allegedly 

violated, and state the amount of the proposed monetary penalty.

    (2) Right to respond. The prepenalty notice also shall inform the 

respondent of respondent's right to make a written presentation within 

30 days of the date of mailing of the notice as to why a monetary 

penalty should not be imposed or why, if imposed, the monetary penalty 

should be in a lesser amount than proposed.