[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

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

[CITE: 15CFR1400.4]



[Page 440]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

            CHAPTER XIV--MINORITY BUSINESS DEVELOPMENT AGENCY

 

PART 1400_DETERMINATION OF GROUP ELIGIBILITY FOR MBDA ASSISTANCE--Table 

of Contents

 

Sec. 1400.4  Evidence of social or economic disadvantage.



    (a) The representatives of the group requesting formal designation 

should establish social or economic disadvantage by a preponderance of 

the evidence. Social or economic disadvantage must be chronic, long 

standing, and substantial, not fleeting or insignificant. In determining 

whether a group has made an adequate showing that it has suffered 

chronic racial or ethnic prejudice or cultural bias for the purposes of 

this regulation, a determination will be made as to whether this group 

has suffered the effects of discriminatory practices over which its 

members have no control. Applicants must demonstrate that such social or 

economic conditions have produced impediments in the business world for 

members of the group which are not common to all business people in the 

same or similar business and market place.

    (b) Evidence which will be considered in determining whether groups 

are socially or economically disadvantaged includes but is not limited 

to:

    (1) Statistical profile outlining the national income level and 

standard of living enjoyed by members of the group in comparison to the 

income level and standard of living enjoyed by individuals not 

considered to be members of socially or economically disadvantaged 

groups.

    (2) Evidence of employment discrimination suffered by members of the 

group in comparison to employment opportunities available to individuals 

not considered to be members of socially or economically disadvantaged 

groups.

    (3) Evidence of educational discrimination in comparison to 

educational opportunities available to individuals not considered to be 

members of socially or economically disadvantaged groups.

    (4) Evidence of denial of access to organizations, groups, or 

professional societies, whether in business or in school, based solely 

upon racial and/or ethnic considerations.

    (5) Kinds of businesses and business opportunities available to 

group members in comparison to the kinds of businesses and business 

opportunities available to individuals not considered to be members of 

socially or economically disadvantaged groups.

    (6) Availability of capital to group members in comparison to the 

availability of capital to individuals not considered to be members of 

socially or economically disadvantaged groups.

    (7) Availability of technical and managerial resources to group 

members in comparison to the technical and managerial resources 

available to individuals not considered to be members of socially or 

economically disadvantaged groups.

    (8) Any other evidence of denial of opportunity or access to those 

things which would enable the individual to participate more 

successfully in the American economic system, available to individuals 

not considered to be members of social or economically disadvantaged 

groups.