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§ 2408. Procedures for hardship relief from export controls

(a) Filing of petitions
Any person who, in such person’s domestic manufacturing process or other domestic business operation, utilizes a product produced abroad in whole or in part from a good historically obtained from the United States but which has been made subject to export controls, or any person who historically has exported such a good, may transmit a petition of hardship to the Secretary requesting an exemption from such controls in order to alleviate any unique hardship resulting from the imposition of such controls. A petition under this section shall be in such form as the Secretary shall prescribe and shall contain information demonstrating the need for the relief requested.
(b) Decision of Secretary
Not later than 30 days after receipt of any petition under subsection (a), the Secretary shall transmit a written decision to the petitioner granting or denying the requested relief. Such decision shall contain a statement setting forth the Secretary’s basis for the grant or denial. Any exemption granted may be subject to such conditions as the Secretary considers appropriate.
(c) Factors to be considered
For purposes of this section, the Secretary’s decision with respect to the grant or denial of relief from unique hardship resulting directly or indirectly from the imposition of export controls shall reflect the Secretary’s consideration of factors such as the following:
(1) Whether denial would cause a unique hardship to the petitioner which can be alleviated only by granting an exception to the applicable regulations. In determining whether relief shall be granted, the Secretary shall take into account—
(A) ownership of material for which there is no practicable domestic market by virtue of the location or nature of the material;
(B) potential serious financial loss to the applicant if not granted an exception;
(C) inability to obtain, except through import, an item essential for domestic use which is produced abroad from the good under control;
(D) the extent to which denial would conflict, to the particular detriment of the applicant, with other national policies including those reflected in any international agreement to which the United States is a party;
(E) possible adverse effects on the economy (including unemployment) in any locality or region of the United States; and
(F) other relevant factors, including the applicant’s lack of an exporting history during any base period that may be established with respect to export quotas for the particular good.
(2) The effect a finding in favor of the applicant would have on attainment of the basic objectives of the short supply control program.
In all cases, the desire to sell at higher prices and thereby obtain greater profits shall not be considered as evidence of a unique hardship, nor will circumstances where the hardship is due to imprudent acts or failure to act on the part of the petitioner.

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