15 CFR Part 720 — Denial of Export Privileges

PART 720—DENIAL OF EXPORT PRIVILEGES Authority: 22 U.S.C. 6701 et seq.; Source: 71 FR 24929, Apr. 27, 2006, unless otherwise noted. § 720.1 Denial of export privileges for convictions under 18 U.S.C. 229. Any person in the United States or any U.S. national may be denied export privileges after notice and opportunity for hearing if that person has been convicted under Title 18, Section 229 of the United States Code of knowingly: (a) Developing, producing, otherwise acquiring, transferring directly or indirectly, receiving, stockpiling, retaining, owning, possessing, or using, or threatening to use, a chemical weapon; or (b) Assisting or inducing, in any way, any person to violate paragraph (a) of this section, or attempting or conspiring to violate paragraph (a) of this section. § 720.2 Initiation of administrative action denying export privileges. (a) Notice. (b) Waiver. (c) Order of Assistant Secretary. [71 FR 24929, Apr. 27, 2006, as amended at 73 FR 78183, Dec. 22, 2008] § 720.3 Final decision on administrative action denying export privileges. (a) Hearing. (b) Initial decision and order. Federal Register (c) Grounds for appeal. (i) That a necessary finding of fact is omitted, erroneous or unsupported by substantial evidence of record; (ii) That a necessary legal conclusion or finding is contrary to law; (iii) That prejudicial procedural error occurred; or (iv) That the decision or the extent of sanctions is arbitrary, capricious or an abuse of discretion. (2) The appeal must specify the grounds on which the appeal is based and the provisions of the order from which the appeal was taken. (d) Appeal procedure. (e) Decisions. Federal Register. [71 FR 24929, Apr. 27, 2006, as amended at 73 FR 78183, Dec. 22, 2008] § 720.4 Effect of denial. Any person denied export privileges pursuant to this part shall be considered a “person denied export privileges” for purposes of the Export Administration Regulations (EAR) (15 CFR parts 730 through 774). Orders denying export privileges pursuant to Parts 764 and 766 of the EAR are published in the Federal Register [71 FR 24929, Apr. 27, 2006, as amended at 73 FR 78183, Dec. 22, 2008]

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