[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

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

[CITE: 19CFR192.13]



[Page 637-638]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 192_EXPORT CONTROL--Table of Contents

 

  Subpart B_Filing of Export Information Through the Automated Export 

                              System (AES)

 

Sec.  192.13  Revocation of participants' AES post-departure (Option 4) 

filing privileges; appeal procedures.



    (a) Reasons for revocation. Customs may revoke Option 4 privileges 

of participants for the following reasons:

    (1) The exporter has made or caused to be made in the ``Letter of 

Intent'', a false or misleading statement or omission with respect to 

any material fact;

    (2) The exporter submitting the ``Letter of Intent'' is indicted, 

convicted, or is currently under an investigation, wherein Customs has 

developed probable cause, for a felony involving any Customs law or any 

export law administered by another government agency;

    (3) The exporter fails to substantially comply with export 

regulations; or

    (4) Continued participation in AES as an Option 4 filer would pose a 

threat to national security, such that continued participation in Option 

4 should be terminated.

    (b) Notice of revocation; appeal procedures. When Customs has 

decided to revoke a participant's Option 4 filing privileges, the 

participant will be notified in writing of the reason(s) for the 

decision. The participant may challenge Customs decision by filing an 

appeal within thirty (30) calendar days of receipt of the notice of 

decision. Except as stated elsewhere in this paragraph, the revocation 

will become effective when the participant has either exhausted all 

appeal proceedings or thirty (30) calendar days after receipt of the 

notice of revocation if no appeal is filed. However, in cases of 

intentional violations of any Customs law on the part of the program 

participant or when required by the national security, revocations will 

become effective immediately upon notification. Appeals should be 

addressed to the Director, Outbound Programs, U.S. Customs, Ronald 

Reagan Building, 1300 Pennsylvania Ave, NW, Room 5.4c, Washington, DC 

20229. Customs will issue a written decision or notice of extension to 

the participant within thirty (30) calendar days of receipt of the 

appeal. If a notice of extension is forwarded, the applicant



[[Page 638]]



will be provided with the reason(s) for extension of this time period 

and an expected date of decision. Participants who have had their Option 

4 filing privileges revoked and applicants not selected to participate 

in Option 4 of AES may not reapply for this filing status for one year 

following written notification of rejection or revocation.