(a) A person determined under this part to have violated an administrative protective order may be subjected to any or all of the following sanctions:
(1) Barring such person from appearing before the International Trade Administration to represent another for a designated time period from the date of publication in the Federal Register of a notice that a violation has been determined to exist;
(2) Denying the person access to business proprietary information for a designated time period from the date of publication in the Federal Register of a notice that a violation has been determined to exist;
(3) Other appropriate administrative sanctions, including striking from the record any information or argument submitted by, or on behalf of, the violating party or the party represented by the violating party; terminating any proceeding then in progress; or revoking any order then in effect;
(4) Requiring the person to return material previously provided by the Secretary and all other materials containing the business proprietary information, such as briefs, notes, or charts based on any such information received under an administrative protective order; and
(5) Issuing a private letter of reprimand.
(1) The firm of which a person determined to have violated an administrative protective order is a partner, associate or employee; any partner, associate, employer, or employee of such person; and any person represented by such person may be barred from appearing before the International Trade Administration for a designated time period from the date of publication in the Federal Register of notice that a violation has been determined to exist or may be subjected to the sanctions set forth in paragraph (a) of this section, as appropriate.
(2) Each person against whom sanctions are proposed under paragraph (b)(1) of this section is entitled to all the administrative rights set forth in this part separately and apart from rights provided to a person subject to sanctions under paragraph (a) of this section, including the right to a charging letter, right to representation, and right to a hearing, but subject to joinder or consolidation by a presiding official under § 354.12(b).
[53 FR 47920, Nov. 28, 1988, as amended at 63 FR 24404, May 4, 1998]
Title 19 published on 2013-04-01
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