Sec. PART 126-VIOLATIONS AND PENALTIES 126.01 126.02 126.03 126.0 126.05 Violations in general. Misrepresentation and concealment of facts. Penalties for violations. Authority of collectors of customs. AUTHORITY: The provisions of this Part 126 issued under sec. 414, as amended, 68 Stat. 848; 22 U.S.C. 1934; secs. 101 and 105, E.O. 10973, 26 F.R. 10469; sec. 6, Departmental Delegation of Authority No. 104, 26 F.R. 10608, as amended, 27 F.R. 9925, 28 F.R. 7231; and Redelegation of Authority No. 104-3-A, 28 F.R. 7231. SOURCE: The provisions of this Part 126 contained in Dept. Reg. 108.543, 31 F.R. 15183, Dec. 2, 1966, unless otherwise noted. (a) It shall be unlawful willfully to use, or attempt to use, for the purpose of exportation or importation of U.S. Munitions List articles, any export or import control document which contains a false statement or misrepresents or conceals a material fact. Any such false statement, misrepresentation or concealment of material fact in such a document shall be considered, as made in a matter within the jurisdiction of a department or agency of the United States, in violation of section 1001 of Title 18, United States Code and section 414 of the Mutual Security Act of 1954, as amended (22 U.S.C. 1934). (b) For the purpose of this section, the term export or import control document shall include the following when used for the purpose of exportation or importation, or attempted importation or exportation of U.S. Munitions List articles: (1) Applications for import, export, or intransit license and supporting documents. (2) Shipper's export declarations. (4) Declarations of destination. (5) Delivery verifications. (6) Applications for certificate of temporary sojourn. (7) Applications for registration. (9) Foreign import certificates. (11) Air way bills. § 126.03 Penalties for violations. Any person who willfully violates any provision of section 414 of the Mutual Security Act of 1954, as amended (22 U.S.C. 1934), or any rule or regulation issued under that section, or who willfully, in a registration or license application, makes any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading, shall, upon conviction, be fined not more than $25,000, or imprisoned not more than 2 years, or both. (a) Collectors of customs are authorized to take appropriate action to insure observance of this subchapter as to the importation or exportation, or the attempted importation or exportation, of arms, ammunition, and implements of war, whether or not authorized by licenses or written approval issued under this subchapter, including, but not limited to, inspection of loading or unloading of carriers. (b) Upon the presentation of a license or written approval to a collector of customs, authorizing the exportation or importation of arms, ammunition, and implements of war, the collector may require, in addition to such documents as may be required by customs regulations, the production of other relevant documents and information relating to the proposed exportation or importation, including, but not limited to, invoices, orders, packing lists, shipping documents, correspondence, and instructions. § 126.05 Seizure. Whenever an attempt is made to import, or bring into the United States, or to export, or ship from or take out of the United States, any arms, ammunition, implements of war, and technical data relating thereto in violation of law, the several collectors of customs, or officials of such other United States agencies as may be authorized to perform law enforcement functions, may seize and detain any such arms, ammunition, and implements of war, and the vessel, vehicle or aircraft containing the same, and retain possession thereof until released or disposed of as directed by law. PART 127-ADMINISTRATIVE § 127.01 Exclusion of functions under section 414 of the Mutual Security Act of 1954, as amended. The functions conferred by section 414 of the Mutual Security Act of 1954, as amended, are excluded from the operation of the Administrative Procedures Act (60 Stat. 237), as contemplated by sections 1003 and 1004 thereof. (Sec. 414, as amended, 68 Stat. 848; 22 U.S.C. 1934; secs. 101 and 105, E.O. 10973, 26 F.R. 10469; sec. 6, Departmental Delegation of Authority No. 104, 26 F.R. 10608, as amended, 27 F.R. 9925, 28 F.R. 7231; and Redelegation of Authority No. 104-3-A, 28 F.R. 7231) [Dept. Reg. 108.543, 31 F.R. 15184, Dec. 2, 1966] NOTE: The recordkeeping and reporting requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942. SUBCHAPTER N-MISCELLANEOUS § 131.1 Certification of documents. The Authentication Officer or the Acting Authentication Officer may, and is hereby authorized to, sign and issue certificates of authentication under the seal of the Department of State for and in the name of the Secretary of State or the Acting Secretary of State. The form of authentication shall be as follows: In testimony whereof, I, Secretary of State have hereunto caused the seal of the Department of State to be affixed and my name subscribed by the Authentication Officer of the said Department, at in this ----- --- day of By 19--- (Secretary of State) (Authentication Officer, Department of State) § 131.2 Refusal of certification for unlawful purpose. (a) The Department will not certify to a document when it has good reason to believe that the certification is desired for an unlawful or improper purpose. It is therefore the duty of the Authentication Officer to examine not only the document which the Department is asked to authenticate, but also the fundamental document to which previous seals or other certifications may have been affixed by other authorities. The Authentication Officer shall request such additional information as may be necessary to establish that the requested authentication will serve the interests of justice and is not contrary to public policy. (b) In accordance with Public Law 89-63 (79 Stat. 209) approved June 30, 1965, any documents executed for use in connection with, and containing declarations in regard to, restrictive trade practices or boycotts fostered or imposed by foreign countries against countries friendly to the United States shall be considered contrary to public policy for purposes of these regulations. (79 Stat. 209) [22 F.R. 10882, Dec. 27, 1957, as amended at 30 F.R. 12732, Oct. 6, 1965] The purchase by the Department of State of books, maps, newspapers, periodicals, and other publications shall be made without regard to the provisions of the act approved March 3, 1933 (sec. 2, 47 Stat. 1520; 41 U.S.C. 10a), since determination has been made by the Secretary, as permitted by the provisions of the act, that such purchase is inconsistent with the public interest. (R. S. 161; 5 U. S. C. 22) [22 F. R. 10883, Dec. 27, 1957] For the purposes of the regulations of this part the term "records" includes those documents and materials defined in the Act of July 7, 1943 (57 Stat. 380; 44 U.S.C. 366) plus all copies of such documents and materials. [Dept. Reg. 108.509, 29 F.R. 7878, June 20, 1964] § 133.2 General restrictions on the use of records of the Department, posts abroad, and missions to international organizations in the United States. (a) Personnel security records will be maintained in confidence and will not be transmitted or disclosed, except as authorized and required in the conduct of business. (b) Records relating to the citizenship of individuals, unsettled claims, Departmental and Foreign Service personnel matters, and the issuance or refusal of visas or permits to enter the United States; intelligence and investigative records; and Foreign Service inspection reports may generally not be used. (c) Classified records originating in other Federal agencies and furnished the Department of State shall be communicated to a third agency or person only in accordance with applicable security regulations and with the consent of the originating agency. [Dept. Reg. 108.509, 29 F.R. 7878, June 20, 1964] § 133.3 Official use of records by other Federal agencies. (a) Procedure for handling requests. Requests from other Federal agencies for access to and use of Departmental and post records for official purposes shall generally be received and coordinated by the appropriate liaison or functional office concerned. For example, all requests from congressional committees or individual Members of Congress for documents, regardless of subject matter, shall be referred to the Office of the Assistant Secretary for Congressional Relations; requests for personnel records or information to the Director General of the Foreign Service or the Special Assistant for Specified Programs; and security questions to the Office of Security. (b) Clearance of official studies based on Departmental records. Before publication, official studies based on Departmental records prepared by other Federal agencies are subject to clearance by appropriate offices of the Department in consultation with the Historical Office. [Dept. Reg. 108.509, 29 F.R. 7879, June 20, 1964, as amended by Dept. Reg. 108.537, 31 F.R. 10575, Aug. 6, 1966] § 133.4 Nonofficial use of records for research purposes. (a) General policy. It is the policy of the Department to make its records available for private research as liberally as possible, consistent with the interests of national defense, the maintenance of friendly relations with other nations, the efficient operation of the Department and the Foreign Service, and the administrative feasibility of servicing requests for access to the records. (b) Three periods with respect to access by nonofficial researchers to the records of the Department and its overseas posts (1) Closed period. The records of the Department are in general closed in advance of the publication of the Department's documentary series entitled "Foreign Relations of the United States". The beginning date of the closed period will be advanced automatically as the annual "Foreign Relations" volumes are released. |