22 cfr 128 T F

According to the Arms Export Control Act, the Secretary of State has the authority to make decisions on license applications.

The administration of the AECA is not considered a foreign affairs function.

The Secretary of Defense is authorized to revoke, suspend, or amend licenses under the AECA.

Decisions required to implement the AECA are subject to review under the Administrative Procedure Act.

The AECA is primarily concerned with controlling the import and export of agricultural products.

The President has no authority over the import and export of defense articles and services under the AECA.

The Administrative Law Judge mentioned in the text is appointed by the Department of Commerce.

Charging letters must be initiated by the Deputy Assistant Secretary of State for Defense Trade Controls only.

A respondent must answer a charging letter within 60 days after service.

If a respondent fails to answer the charging letter, they may be held in default and the case referred to the Department of Justice.

A charging letter must be served upon a respondent by mailing it to their last known address if they are a resident of the United States.

Respondents who are non-residents of the United States can only be served a charging letter in person.

A respondent cannot be represented by counsel when answering a charging letter.

If a default order has been issued against a respondent, they can never apply to set it aside.

The Administrative Law Judge can issue an order following the disposition of contested charges.

Filing a petition to set aside a default order results in an automatic modification or termination of the default order.

The respondent must admit or deny each separate allegation of the charging letter, unless the respondent is without knowledge.

Failure to deny or controvert any particular allegation in the charging letter will be deemed as an admission of that allegation.

The respondent can refuse to provide translations into English if the materials submitted are in a language other than English.

The respondent may request relevant information from any person or government agency, regardless of scope or burden.

The Administrative Law Judge may refuse to request information if it is relevant to preparing a defense.

The respondent must provide original copies of all evidence along with the answer within seven days after its service.

The Directorate of Defense Trade Controls may withhold information from discovery if it is necessary to comply with statutes requiring non-disclosure.

Subpoenas can be issued by the Administrative Law Judge only if it is determined that the requests are burdensome.

The respondent's defense or defenses must be fully set forth in the answer itself.

If a defense is not specifically set forth in the answer, it will not be considered waived.

If a respondent fails to respond with reasonable diligence to requests for discovery, the Administrative Law Judge may dismiss the charges on her or his own motion.

If a third party fails to respond to a request for information, the Administrative Law Judge must determine if substitute information is adequate before proceeding.

A respondent who did not file a timely written answer is entitled to an oral hearing according to the text.

The Administrative Law Judge may proceed with considering a case based on written pleadings and evidence if no oral hearing is demanded.

If respondent answers and demands an oral hearing, the Administrative Law Judge must set the case for hearing without any conditions.

The proceedings may be recorded either magnetically or by a reporter during a prehearing conference as per the text.

The respondent's failure to appear at a scheduled hearing will lead to an automatic dismissal of the charges.

If a third party fails to respond to a request for information, it is solely up to the Administrative Law Judge to determine if substitute information is adequate.

The necessity of amendments to pleadings cannot be discussed during a prehearing conference.

If a conference is deemed impracticable, correspondence between parties can be requested by the Administrative Law Judge to achieve the purposes of a conference.

The Deputy Assistant Secretary of State for Defense Trade Controls can request the Administrative Law Judge for a recommendation on revoking probation without notifying the person affected.

Any person affected by an application upon notice to revoke probation can file objections with the Assistant Secretary for Political-Military Affairs.

A request for an oral hearing can be made at the time of filing objections to an order revoking probation.

The revocation of a probationary period completely prevents any further action concerning a further violation.

The Administrative Law Judge may grant extensions of time for preparing and submitting answers to charging letters without any specific conditions.

All charging letters, debarment orders, and orders imposing civil penalties are confidential and not available for public inspection.

The Secretary of Defense has the authority to determine whether an application to revoke probation should be granted or denied.

Requests for reconsideration of decisions should be submitted within 5 days of the date of the order.

Copies of the Administrative Law Judge's report will be furnished to any person affected by an application to revoke probation.

The President plays a direct role in determining whether an application to revoke probation should be granted or denied.

An appeal from a final order denying export privileges or imposing civil penalties must be filed within 60 days after receipt of a copy of the order.

The respondent may appeal from the debarment or from the imposition of a civil penalty, but not from the findings of a violation.

The assembled record for an appeal includes, among others, the charging letter and the report of the Administrative Law Judge.

An appeal from an order issued upon default will be entertained even if the respondent failed to seek relief as provided in § 128.4(b).

Taking an appeal will automatically stay the operation of any order.

The Under Secretary of State for Arms Control and International Security may grant the appellant an opportunity for oral argument without setting a specific time and place.

The decision of the Under Secretary of State for Arms Control and International Security is subject to further review by other governmental bodies.

Documents referred to in § 128.17 are considered confidential according to the discussed regulations.

An appeal can only be denied in whole according to the discussed regulations.

The AECA does not address any appeals process for decisions related to export privileges or civil penalties.

The Administrative Law Judge may apply the Federal Rules of Civil Procedure to any part of the proceedings.

If the evidence is insufficient to support the charges, the Deputy Assistant Secretary of State for Defense Trade Controls must dismiss the charges.

The Administrative Law Judge's recommendation in case of a violation is binding and must be followed by the Assistant Secretary of State for Political-Military Affairs.

In cases where a violation has been found, the Deputy Assistant Secretary of State for Defense Trade Controls is responsible for issuing a debarment order.

Cases may be settled before a charging letter is served, and in such cases, no action by the Administrative Law Judge is necessary.

The Secretary of Defense has the authority to approve consent proposals submitted in accordance with § 128.11.

In cases where a rehearing is granted, relevant and material evidence that was not known or obtainable at the time of the original hearing must be presented.

If a consent proposal submitted to the Administrative Law Judge is not approved, the case will be dismissed immediately.

Debarment orders issued by the Deputy Assistant Secretary of State for Defense Trade Controls cannot include additional terms and conditions beyond the specified period of debarment.

The Administrative Law Judge's report will only be served upon the respondent if a debarment order is issued.