31 CFR 501.706 - Prepenalty Notice; issuance by Director.

§ 501.706 Prepenalty Notice; issuance by Director.

(a)When required. If the Director has reason to believe there has occurred a violation of any provision of parts 500 or 515 of this chapter or a violation of the provisions of any license, ruling, regulation, order, direction or instruction issued by or pursuant to the direction or authorization of the Secretary pursuant to parts 500 or 515 of this chapter or otherwise under the Trading With the Enemy Act, and the Director determines that further civil proceedings are warranted, the Director shall issue a Prepenalty Notice. The Prepenalty Notice may be issued whether or not another agency has taken any action with respect to the matter.

(b)Contents of notice -

(1)Facts of violation. The Prepenalty Notice shall describe the alleged violation, specify the laws and regulations allegedly violated, and state the amount of the proposed monetary penalty.

(2)Right to respond. The Prepenalty Notice shall inform the respondent of respondent's right to make a written presentation within the time prescribed in § 501.707 as to why the respondent believes there should be no finding of a violation or why, if the respondent admits the violation, a monetary penalty should not be imposed or why, if imposed, the monetary penalty should be in a lesser amount than proposed. The Prepenalty Notice shall also inform the respondent that:

(i) The act of submitting a written response by the respondent is a factor that may result in a lower penalty absent any aggravating factors; and

(ii) If the respondent fails to respond to the Prepenalty Notice within the applicable 60-day period set forth in § 501.707, the Director may proceed with the issuance of a Penalty Notice.

(3)Right to request a hearing. The Prepenalty Notice shall inform the respondent of respondent's right, if a subsequent Penalty Notice is issued, to request an administrative hearing. The Director will not consider any request for an administrative hearing until a Penalty Notice has been issued.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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.


United States Code
U.S. Code: Title 8 - ALIENS AND NATIONALITY
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE
U.S. Code: Title 19 - CUSTOMS DUTIES
U.S. Code: Title 21 - FOOD AND DRUGS
U.S. Code: Title 22 - FOREIGN RELATIONS AND INTERCOURSE
U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 50, APPENDIX - WAR AND NATIONAL DEFENSE

50a U.S. Code Rule - Designation of Act

50a U.S. Code Rule - Definitions

50a U.S. Code Rule - Acts prohibited

50a U.S. Code Rule - Licenses to enemy or ally of enemy insurance or reinsurance companies; change of name; doing business in United States

50a U.S. Code Rule - Suspension of provisions relating to ally of enemy; regulation of transactions in foreign exchange of gold or silver, property transfers, vested interests, enforcement and penalties

50a U.S. Code Rule - Alien Property Custodian; general powers and duties

50a U.S. Code Rule - Incurment of expenses by Office of Alien Property Custodian

50a U.S. Code Rule - Omitted

50a U.S. Code Rule - Lists of enemy or ally of enemy officers, directors or stockholders of corporations in United States; acts constituting trade...voluntary payment to custodian by holder; acts under order, rule, or regulation

50a U.S. Code Rule - Contracts, mortgages, or pledges against or with enemy or ally of enemy; abrogation of contracts; suspension of limitations

50a U.S. Code Rule - Claims to property transferred to custodian; notice of claim; filing; return of property; suits to recover; sale of claimed property in time of war or during national emergency

50a U.S. Code Rule - Acts permitted; applications for patents, or registration of trade-marks or copyrights; payment of tax in relation...against licensees; restraining infringements; powers of attorney; keeping secret inventions

50a U.S. Code Rule - Importations prohibited

50a U.S. Code Rule - Property transferred to Alien Property Custodian

50a U.S. Code Rule - Statements by masters of vessels and owners of cargoes before granting clearances

50a U.S. Code Rule - False manifest; refusal of clearance; reports of gold or silver coin in cargoes for export

50a U.S. Code Rule - Omitted

50a U.S. Code Rule - Offenses; punishment; forfeitures of property

50a U.S. Code Rule - Rules by district courts; appeals

50a U.S. Code Rule - Jurisdiction of courts of Philippines and Canal Zone of offenses

50a U.S. Code Rule - Print, newspaper or publication in foreign languages

50a U.S. Code Rule - Fees of agents, attorneys, or representatives

50a U.S. Code Rule - Claims of naturalized citizens as affected by expatriation

50a U.S. Code Rule - Fugitives from justice barred from recovery

50a U.S. Code Rule - Payment of income, etc., by Alien Property Custodian

50a U.S. Code Rule - Payment of taxes and expenses by Alien Property Custodian

50a U.S. Code Rule - Investments by Custodian in participating certificates issued by Secretary of the Treasury; transfers to and payments from German, Austrian or Hungarian special deposit accounts; allocation of payments

50a U.S. Code Rule - Allocation of “unallocated interest fund”

50a U.S. Code Rule - Return by Custodian, to United States, of payments under licenses, assignments or sales of patents

50a U.S. Code Rule - “Unallocated interest fund” defined

50a U.S. Code Rule - Waiver by Custodian of demand for property; acceptance of less amount; approval of Attorney General

50a U.S. Code Rule - Attachment or garnishment of funds or property held by Custodian

50a U.S. Code Rule - “Member of the former ruling family” defined

50a U.S. Code Rule - Return of property

50a U.S. Code Rule - Notice of claim; institution of suits; computation of time

50a U.S. Code Rule - Payment of debts

50a U.S. Code Rule - Hearings on claims; rules and regulations; delegation of powers

50a U.S. Code Rule - Taxes

50a U.S. Code Rule - Insurance of property

50a U.S. Code Rule - Shipment of relief supplies; definitions

50a U.S. Code Rule - Retention of properties or interests of Germany and Japan and their nationals; proceeds covered into Treasury; ex gratia payment to Switzerland

50a U.S. Code Rule - Intercustodial conflicts involving enemy property; authority of President to conclude; delegation of authority

50a U.S. Code Rule - Divestment of estates, trusts, insurance policies, annuities, remainders, pensions, workmen’s compensation and veterans’ benefits; exceptions; notice of divestment

50a U.S. Code Rule - Claims for proceeds from sale of certain certificates: jurisdiction, limitations; divestment of copyrights: “copyrights” defined,...interests, payment of royalties to Attorney General, suits for infringement

50a U.S. Code Rule - Divestment of trademarks

50a U.S. Code Rule - Motion picture prints, transfer of title

U.S. Code: Title 50 - WAR AND NATIONAL DEFENSE
Presidential Documents

Executive Order ... 9989