Page:United States Statutes at Large Volume 99 Part 1.djvu/172

 99 STAT. 150

Federal Register, publication.

50 USC app. 2411

PUBLIC LAW 99-64—JULY 12, 1985 "(6) Notwithstanding any other provision of law, the United States Customs Service may expend in the enforcement of export controls under this Act not more than $12,000,000 in the fiscal year 1985 and not more than $14,000,000 in the fiscal year 1986. "(7) Not later than 90 days after the date of the enactment of the Export Administration Amendments Act of 1985, the Secretary, ^ |. j j Yie concurrence of the Secretary of the Treasury, shall publish in the Federal Register procedures setting forth, in accordance with this subsection, the responsibilities of the Department of Commerce and the United States Customs Service in the enforcement of this Act. In addition, the Secretary, with the concurrence of the Secretary of the Treasury, may publish procedures for the sharing of information in accordance with subsection (c)(3) of this section, and procedures for the submission to the appropriate departments and agencies by private persons of information relating to the enforcement of this Act, "(8) For purposes of this section, a reference to the enforcement of this Act or to a violation of this Act includes a reference to the enforcement or a violation of any regulation, order, or license issued under this Act.". (b) CONFIDENTIALITY.—Section 12(c)(3) is amended— (1) by striking o u t " Department s or agencies which o b t a i n " and inserting i n lieu thereof " Any d e part m e n t or agency which obtains";

(2) by inserting ", including information pertaining to any investigation," after "enforcement of this Act, (3) by striking out "the department" and inserting in lieu thereof "each department"; and (4) by adding at the end the following: "The Secretary and the Commissioner of Customs, upon request, shall exchange any licensing and enforcement information with each other which is necessary to facilitate enforcement efforts and effective license decisions. The Secretary, the Attorney General, and the Commissioner of Customs shall consult on a continuing basis with one another and with the heads of other departments and agencies which obtain information subject to this paragraph, in order to facilitate the exchange of such information.". SEC. 114. ADMINISTRATIVE PROCEDURE.

Section 13 (50 U.S.C. App. 2412) is amended— (1) in the section heading by striking out "EXEMPTION FROM CERTAIN PROVISIONS RELATING TO";

(2) in subsection (a) by inserting "and subsection (c) of this section" after "ll(c)(2)"; and (3) by adding at the end the following: "(c) PROCEDURES RELATING TO CIVIL PENALTIES AND SANCTIONS.—

(1) In any case in which a civil penedty or other civil sanction (other than a temporary denial order or a penalty or sanction for a 50 USC app. violation of section 8) is sought under section 11 of this Act, the 2407; ante, p. 146. charged party is entitled to receive a formal complaint specifying the charges and, at his or her request, to contest the charges in a hearing before an administrative law judge. Subject to the provisions of this subsection, any such hearing shall be conducted in accordance with sections 556 and 557 of title 5, United States (Dode. With the approval of the administrative law judge, the Government may present evidence in camera in the presence of the charged party or his or her representative. After the hearing, the adminis-

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