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15 CFR Part 756 — Appeals and Judicial Review

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PART 756—APPEALS AND JUDICIAL REVIEW Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; et seq.; Source: 61 FR 12851, Mar. 25, 1996, unless otherwise noted. § 756.1 Scope. Section 756.2 describes the procedures applicable to appeals from administrative actions taken under the Export Administration Act (EAA) or the Export Administration Regulations (EAR). (In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C). Section 756.3 describes the procedures under which the Bureau of Industry and Security (BIS) can safeguard national security information when agency action is under judicial review. [85 FR 63012, Oct. 6, 2020] § 756.2 Appeal from an administrative action. (a) Scope. (1) Issuance, amendment, revocation, or appeal of a regulation. (These requests may be submitted to BIS at any time.) (2) Denial or probation orders, civil penalties, sanctions, or other actions under parts 764 and 766 of the EAR, except that, any appeal from an action taken under § 766.25 and any appeal from an action taken in accordance with § 766.23 to make an action taken under § 766.25 applicable to a related person shall be subject to the appeals procedures described in this part. (3) A decision on a request to remove or modify an Entity List entry made pursuant to § 744.16 of the EAR, a decision on a request to remove or modify an Unverified List entry made pursuant to § 744.15 of the EAR, or a request to remove or modify a Military End User entry made pursuant to § 744.21(b) of the EAR. (4) A decision on whether License Exception Strategic Trade Authorization (STA) is available for “600 series” “end items” pursuant to § 740.20(g) of the EAR. (b) Review and appeal officials. (c) Appeal procedures Filing. (2) Content of appeal. (3) Request for informal hearing. (4) Informal hearing procedures Presentations. (ii) Evidence. (iii) Procedural questions. (iv) Transcript. (v) Report. (d) Decisions Determination of appeals. (2) Effect of the determination. (e) Effect of appeal. [61 FR 12851, Mar. 25, 1996, as amended at 62 FR 25467, May 9, 1997; 65 FR 14860, Mar. 20, 2000; 70 FR 8250, Feb. 18, 2005; 71 FR 34009, June 13, 2006; 85 FR 63012, Oct. 6, 2020; 85 FR 83804, Dec. 23, 2020] § 756.3 Judicial review of agency action. (a) Definition. agency action i.e., (b) Classified national security information. ex parte in camera. [85 FR 63012, Oct. 6, 2020]

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