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communication with the Office of
Foreign Assets Control prior to a written
submission regarding the specific
allegations contained in the prepenalty
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Federal Register / Vol. 69, No. 145 / Thursday, July 29, 2004 / Rules and Regulations 45255
notice must be preceded by a written
letter of representation, unless the
prepenalty notice was served upon the
respondent in care of the representative.
§ 541.704 Penalty imposition or
withdrawal.
(a) No violation. If, after considering
any response to the prepenalty notice
and any relevant facts, the Director of
the Office of Foreign Assets Control
determines that there was no violation
by the respondent named in the
prepenalty notice, the Director shall
notify the respondent in writing of that
determination and of the cancellation of
the proposed monetary penalty.
(b) Violation. (1) If, after considering
any written response to the prepenalty
notice, or default in the submission of
a written response, and any relevant
facts, the Director of the Office of
Foreign Assets Control determines that
there was a violation by the respondent
named in the prepenalty notice, the
Director is authorized to issue a written
penalty notice to the respondent of the
determination of the violation and the
imposition of the monetary penalty.
(2) The penalty notice shall inform
the respondent that payment or
arrangement for installment payment of
the assessed penalty must be made
within 30 days of the date of mailing of
the penalty notice by the Office of
Foreign Assets Control.
(3) The penalty notice shall inform
the respondent of the requirement to
furnish the respondent’s taxpayer
identification number pursuant to 31
U.S.C. 7701 and that such number will
be used for purposes of collecting and
reporting on any delinquent penalty
amount.
(4) The issuance of the penalty notice
finding a violation and imposing a
monetary penalty shall constitute final
agency action. The respondent has the
right to seek judicial review of that final
agency action in federal district court.
§ 541.705 Administrative collection;
referral to United States Department of
Justice.
In the event that the respondent does
not pay the penalty imposed pursuant to
this part or make payment arrangements
acceptable to the Director of the Office
of Foreign Assets Control within 30
days of the date of mailing of the
penalty notice, the matter may be
referred for administrative collection
measures by the Department of the
Treasury or to the United States
Department of Justice for appropriate
action to recover the penalty in a civil
suit in a federal district court.
Subpart H—Procedures
§ 541.801 Procedures.
For license application procedures
and procedures relating to amendments,
modifications, or revocations of
licenses; administrative decisions;
rulemaking; and requests for documents
pursuant to the Freedom of Information
and Privacy Acts (5 U.S.C. 552 and
552a), see part 501, subpart D, of this
chapter.
§ 541.802 Delegation by the Secretary of
the Treasury.
Any action that the Secretary of the
Treasury is authorized to take pursuant
to Executive Order 13288 of March 6,
2003 (68 FR 11457, March 10, 2003),
and any further Executive orders
relating to the national emergency
declared therein, may be taken by the
Director of the Office of Foreign Assets
Control or by any other person to whom
the Secretary of the Treasury has
delegated authority so to act.
Subpart I—Paperwork Reduction Act
§ 541.901 Paperwork Reduction Act notice.
For approval by the Office of
Management and Budget (‘‘OMB’’)
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3507) of information
collections relating to record keeping
and reporting requirements, licensing
procedures (including those pursuant to
statements of licensing policy), and
other procedures, see § 501.901 of this
chapter. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid control
number assigned by OMB.
Dated: May 21, 2004.
R. Richard Newcomb,
Director, Office of Foreign Assets Control.
Approved: July 1, 2004.
Juan C. Zarate,
Deputy Assistant Secretary (Terrorist
　
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