50a U.S. Code Rule - 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.

Source

(Pub. L. 96–72, § 9,Sept. 29, 1979, 93 Stat. 524.)
Prior Provisions

A prior section 2408,Pub. L. 91–184, § 9,Dec. 30, 1969, 83 Stat. 846, relating to providing information to exporters, expired on Sept. 30, 1979.

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50aa USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


15 CFR - Commerce and Foreign Trade

15 CFR Part 730 - GENERAL INFORMATION

15 CFR Part 732 - STEPS FOR USING THE EAR

15 CFR Part 734 - SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS

15 CFR Part 736 - GENERAL PROHIBITIONS

15 CFR Part 738 - COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART

15 CFR Part 740 - LICENSE EXCEPTIONS

15 CFR Part 742 - CONTROL POLICY—CCL BASED CONTROLS

15 CFR Part 743 - SPECIAL REPORTING

15 CFR Part 744 - CONTROL POLICY: END-USER AND END-USE BASED

15 CFR Part 746 - EMBARGOES AND OTHER SPECIAL CONTROLS

15 CFR Part 747 - SPECIAL IRAQ RECONSTRUCTION LICENSE

15 CFR Part 748 - APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND DOCUMENTATION

15 CFR Part 750 - APPLICATION PROCESSING, ISSUANCE, AND DENIAL

15 CFR Part 752 - SPECIAL COMPREHENSIVE LICENSE

15 CFR Part 754 - SHORT SUPPLY CONTROLS

15 CFR Part 756 - APPEALS

15 CFR Part 758 - EXPORT CLEARANCE REQUIREMENTS

15 CFR Part 760 - RESTRICTIVE TRADE PRACTICES OR BOYCOTTS

15 CFR Part 762 - RECORDKEEPING

15 CFR Part 764 - ENFORCEMENT AND PROTECTIVE MEASURES

15 CFR Part 766 - ADMINISTRATIVE ENFORCEMENT PROCEEDINGS

15 CFR Part 768 - FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA

15 CFR Part 770 - INTERPRETATIONS

15 CFR Part 772 - DEFINITIONS OF TERMS

15 CFR Part 774 - THE COMMERCE CONTROL LIST

37 CFR - Patents, Trademarks, and Copyrights

37 CFR Part 5 - SECRECY OF CERTAIN INVENTIONS AND LICENSES TO EXPORT AND FILE APPLICATIONS IN FOREIGN COUNTRIES

 

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