PART 719—ENFORCEMENT Authority: 22 U.S.C. 6701 et seq.; et seq.; et seq.; Source: 71 FR 24929, Apr. 27, 2006, unless otherwise noted. § 719.1 Scope and definitions. (a) Scope. (1) Violations of the Act subject to administrative and criminal enforcement proceedings. (2) Violations of the International Emergency Economic Powers Act (IEEPA) subject to judicial enforcement proceedings. (3) Violations and sanctions under the Act not subject to proceedings under the CWCR. Note to § 719.1( a This part 719 does not apply to violations of the export requirements imposed pursuant to the Chemical Weapons Convention and set forth in the Export Administration Regulations (EAR) (15 CFR parts 730 through 774) and in the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120 through 130). (b) Definitions. Act (The). Assistant Secretary for Export Enforcement. Final decision. IEEPA. Office of Chief Counsel. Report. Respondent. Under Secretary, Bureau of Industry and Security. [71 FR 24929, Apr. 27, 2006, as amended at 73 FR 78183, Dec. 22, 2008] § 719.2 Violations of the Act subject to administrative and criminal enforcement proceedings. (a) Violations Refusal to permit entry or inspection. (2) Failure to establish or maintain records. (i) To establish or maintain any record required by the Act or the CWCR; or (ii) To submit any report, notice, or other information to the United States Government in accordance with the Act or the CWCR; or (iii) To permit access to or copying of any record required to be established or maintained by the Act or the CWCR, including any record that is exempt from disclosure under the Act or the CWCR. (b) Civil penalties Civil penalty for refusal to permit entry or inspection. (2) Civil penalty for failure to establish or maintain records. (c) Criminal penalty. (d) Denial of export privileges. § 719.3 Violations of the IEEPA subject to judicial enforcement proceedings. (a) Violations Import restrictions involving Schedule 1 chemicals. (i) The import is from a State Party; (ii) The import is for research, medical, pharmaceutical, or protective purposes; (iii) The import is in types and quantities strictly limited to those that can be justified for such purposes; and (iv) The importing person has notified BIS not less than 45 calendar days before the import pursuant to § 712.6 of the CWCR. (2) Import restrictions involving Schedule 2 chemicals. (b) Civil penalty. 1 1 (c) Criminal penalty. 2 2 [71 FR 24929, Apr. 27, 2006, as amended at 72 FR 14410, Mar. 28, 2007] § 719.4 Violations and sanctions under the Act not subject to proceedings under the CWCR. (a) Criminal penalties for development or use of a chemical weapon. (b) Civil penalty for development or use of a chemical weapon. (c) Criminal forfeiture. (i) Any property, real or personal, owned, possessed, or used by a person involved in the offense; (ii) Any property constituting, or derived from, and proceeds the person obtained, directly or indirectly, as the result of such violation; and (iii) Any of the property used in any manner or part, to commit, or to facilitate the commission of, such violation. (2) In lieu of a fine otherwise authorized by section 229A(a) of Title 18 of the United States Code, a defendant who derived profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds. (d) Injunction. (i) The conduct prohibited under section 229 or 229C of Title 18 of the United States Code; or (ii) The preparation or solicitation to engage in conduct prohibited under section 229 or 229D of Title 18 of the United States Code. (2) In addition, the United States may, in a civil action, restrain any violation of section 306 or 405 of the Act, or compel the taking of any action required by or under the Act or the Convention. § 719.5 Initiation of administrative proceedings. (a) Letter of intent to charge. (b) Request for Notice of Violation and Assessment (NOVA). (c) Content of NOVA. (d) Proposed order. (e) Notice. § 719.6 Request for hearing and answer. (a) Time to answer. (b) Content of answer. (c) English required. (d) Waiver. § 719.7 Representation. A respondent individual may appear and participate in person, a corporation by a duly authorized officer or employee, and a partnership by a partner. If a respondent is represented by counsel, counsel shall be a member in good standing of the bar of any State, Commonwealth or Territory of the United States, or of the District of Columbia, or be licensed to practice law in the country in which counsel resides, if not the United States. The U.S. Government will be represented by the Office of Chief Counsel. A respondent personally, or through counsel or other representative who has the power of attorney to represent the respondent, shall file a notice of appearance with the ALJ, or, in cases where settlement negotiations occur before any filing with the ALJ, with the Office of Chief Counsel. § 719.8 Filing and service of papers other than the NOVA. (a) Filing. (b) Service. (c) Date. (d) Certificate of service. (e) Computation of time. § 719.9 Summary decision. The ALJ may render a summary decision disposing of all or part of a proceeding on the motion of any party to the proceeding, provided that there is no genuine issue as to any material fact and the party is entitled to summary decision as a matter of law. § 719.10 Discovery. (a) General. (b) Interrogatories and requests for admission or production of documents. (c) Depositions. (d) Enforcement. § 719.11 Subpoenas. (a) Issuance. (b) Service. (c) Timing. § 719.12 Matters protected against disclosure. (a) Protective measures. (b) Arrangements for access. § 719.13 Prehearing conference. (a) On the ALJ's own motion, or on request of a party, the ALJ may direct the parties to participate in a prehearing conference, either in person or by telephone, to consider: (1) Simplification of issues; (2) The necessity or desirability of amendments to pleadings; (3) Obtaining stipulations of fact and of documents to avoid unnecessary proof; or (4) Such other matters as may expedite the disposition of the proceedings. (b) The ALJ may order the conference proceedings to be recorded electronically or taken by a reporter, transcribed and filed with the ALJ. (c) If a prehearing conference is impracticable, the ALJ may direct the parties to correspond with the ALJ to achieve the purposes of such a conference. (d) The ALJ will prepare a summary of any actions agreed on or taken pursuant to this section. The summary will include any written stipulations or agreements made by the parties. § 719.14 Hearings. (a) Scheduling. (b) Hearing procedure. (c) Testimony and record. (2) Upon such terms as the ALJ deems just, the ALJ may direct that the testimony of any person be taken by deposition and may admit an affidavit or declaration as evidence, provided that any affidavits or declarations have been filed and served on the parties sufficiently in advance of the hearing to permit a party to file and serve an objection thereto on the grounds that it is necessary that the affiant or declarant testify at the hearing and be subject to cross-examination. (d) Failure to appear. § 719.15 Procedural stipulations. Unless otherwise ordered and subject to § 719.16 of the CWCR, a written stipulation agreed to by all parties and filed with the ALJ will modify the procedures established by this part. § 719.16 Extension of time. The parties may extend any applicable time limitation by stipulation filed with the ALJ before the time limitation expires, or the ALJ may, on the ALJ's own initiative or upon application by any party, either before or after the expiration of any applicable time limitation, extend the time , except that the requirement that a hearing be demanded within 15 days, and the requirement that a final agency decision be made within 30 days, may not be modified. § 719.17 Post-hearing submissions. All parties shall have the opportunity to file post-hearing submissions that may include findings of fact and conclusions of law, supporting evidence and legal arguments, exceptions to the ALJ's rulings or to the admissibility of evidence, and proposed orders and settlements. § 719.18 Decisions. (a) Initial decision. (b) Factors considered in assessing penalties. (c) Certification of initial decision. (d) Review of initial decision. § 719.19 Settlement. (a) Settlements before issuance of a NOVA. (b) Settlements following issuance of a NOVA. (c) Settlement scope. (d) Finality. § 719.20 Record for decision. (a) The record. (b) Restricted access. (c) Availability of documents Scope. http://www.bis.doc.gov/foia, (2) Timing. § 719.21 Payment of final assessment. (a) Time for payment. (b) Enforcement of order. (c) Offsets. § 719.22 Reporting a violation. If a person learns that a violation of the Convention, the Act, or the CWCR has occurred or may occur, that person may notify: Office of Export Enforcement, Bureau of Industry and Security, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Room H-4520, Washington, DC 20230; Tel: (202) 482-1208; Facsimile: (202) 482-0964.