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the prepenalty notice, a response must
be postmarked or date-stamped on or
before the 30th day after the date on the
stamped postal receipt maintained at
the Office of Foreign Assets Control. If
the prepenalty notice was personally
delivered to the respondent by a non-
U.S. Postal Service agent authorized by
the Director, a response must be
postmarked or date-stamped on or
before the 30th day after the date of
delivery.
(2) Extensions of time for response. If
a due date falls on a federal holiday or
weekend, that due date is extended to
include the following business day. Any
other extensions of time will be granted,
at the Director’s discretion, only upon
the respondent’s specific request to the
Office of Foreign Assets Control.
(b) Form and method of response. The
response must be submitted in
typewritten form and signed by the
respondent or a representative thereof.
The response need not be in any
particular form. A copy of the written
response may be sent by facsimile, but
the original also must be sent to the
Office of Foreign Assets Control Civil
Penalties Division by mail or courier
and must be postmarked or datestamped
in accordance with paragraph
(a) of this section.
(c) Contents of response. A written
response must contain information
sufficient to indicate that it is in
response to the prepenalty notice.
(1) A written response must include
the respondent’s full name, address,
telephone number, and facsimile
number, if available, or those of the
representative of the respondent.
(2) A written response should either
admit or deny each specific violation
alleged in the prepenalty notice and also
state if the respondent has no
knowledge of a particular violation. If
the written response fails to address any
specific violation alleged in the
prepenalty notice, that alleged violation
shall be deemed to be admitted.
(3) A written response should include
any information in defense, evidence in
support of an asserted defense, or other
factors that the respondent requests the
Office of Foreign Assets Control to
consider. Any defense or explanation
previously made to the Office of Foreign
Assets Control or any other agency must
be repeated in the written response. Any
defense not raised in the written
response will be considered waived.
The written response also should set
forth the reasons why the respondent
believes the penalty should not be
imposed or why, if imposed, it should
be in a lesser amount than proposed.
(d) Failure to respond. Where OFAC
receives no response to a prepenalty
notice within the applicable time period
set forth in paragraph (a) of this section,
a penalty notice generally will be
issued, taking into account the
mitigating and/or aggravating factors
present in the record. If there are no
mitigating factors present in the record,
or the record contains a preponderance
of aggravating factors, the proposed
prepenalty amount generally will be
assessed as the final penalty.
(e) Informal settlement. In addition to
or as an alternative to a written response
to a prepenalty notice, the respondent or
respondent’s representative may contact
the Office of Foreign Assets Control as
advised in the prepenalty notice to
propose the settlement of allegations
contained in the prepenalty notice and
related matters. However, the
requirements set forth in paragraph (f) of
this section as to oral communication by
the representative must first be fulfilled.
In the event of settlement at the
prepenalty stage, the claim proposed in
the prepenalty notice will be
withdrawn, the respondent will not be
required to take a written position on
allegations contained in the prepenalty
notice, and the Office of Foreign Assets
Control will make no final
determination as to whether a violation
occurred. The amount accepted in
settlement of allegations in a prepenalty
notice may vary from the civil penalty
that might finally be imposed in the
event of a formal determination of
violation. In the event no settlement is
reached, the time limit specified in
paragraph (a) of this section for written
response to the prepenalty notice will
remain in effect unless additional time
is granted by the Office of Foreign
Assets Control.
(f) Representation. A representative of
the respondent may act on behalf of the
respondent, but any oral
　
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