PART 540--NICARAGUAN TRADE CONTROL REGULATIONS Subpart A--Relation of this Part to Other Laws and Regulations Sec. 540.101 Relation of this part to other laws and regulations. Subpart B--Prohibitions 540.204 Prohibited imports of goods and services from Nicaragua. 540.205 Prohibited exports of goods to Nicaragua. 540.206 Prohibited transactions with Nicaraguan vessels. 540.207 Prohibited transactions with Nicaraguan air carriers. 540.208 Prohibited related transactions. 540.209 Evasions; effective date. Subpart C--General Definitions 540.301 Effective date. 540.302 Nicaragua; Nicaraguan. 540.308 Person. 540.316 Nicaraguan origin. 540.321 United States. Subpart D--Interpretations 540.401 Offshore transactions. 540.402 Technical data. 540.403 Imports of services of Nicaraguan origin. 540.404 Transshipment through United States prohibited. 540.405 Imports from third countries; transshipments. 540.406 Exports to third countries; transshipments. 540.407 Imports into bonded warehouse or foreign trade zone. 540.408 Release from bonded warehouse or foreign trade zone. 540.409 Import and export of goods in transit before the effective date. 540.410 Transactions relating to unprohibited offshore transactions. Subpart E--Licenses, Authorizations and Statements of Licensing Policy 540.502 Effect of license or authorization. 540.503 Exclusion from licenses and authorizations. 540.504 Imports paid for prior to May 1, 1985. 540.505 Exports pursuant to prior contractual commitments. 540.533 Certain exports authorized. 540.534 Certain imports for diplomatic or official personnel authorized. 540.535 Certain services relating to participation in various events authorized. 540.536 Import of publications authorized. 540.537 Import of certain gifts authorized. 540.538 Import of accompanied baggage authorized. 540.539 Commercial exports of certain medical supplies. 540.540 Exports for humanitarian, educational and religious purposes. 540.541 Certain exports by intergovernmental organizations. 540.542 Telecommunications and mail transactions authorized. 540.599 Lifting of sanctions. Subpart F--Reports 540.601 Required records. 540.602 Reports to be furnished on demand. Subpart G--Penalties 540.701 Penalties. 540.702 Detention of shipments. 540.703 Prepenalty notice. 540.704 Presentation responding to prepenalty notice. 540.705 Penalty notice. 540.706 Referral to United States Department of Justice. Subpart H--Procedures 540.801 Licensing. 540.803 Decisions. 540.805 Amendment, modification, or revocation. 540.806 Rulemaking. 540.807 Delegation by the Secretary of the Treasury. 540.808 Customs procedures: Merchandise specified in 540.204. 540.809 Rules governing availability of information. Subpart I--Miscellaneous Provisions 540.901 Paperwork Reduction Act notice. Authority: Sections 201 - 207, 91 Stat. 1626, 50 U.S.C. 1701 - 1706; E.O. 12513. Source: 50 FR 19890, May 10, 1985, unless otherwise noted. Subpart A--Relation of This Part to Other Laws and Regulations 540.101 Relation of this part to other laws and regulations. (a) This part is independent of parts 500, 505, 515, 520, and 535 of this chapter. Those parts do not relate to Nicaragua. No license or authorization contained in or issued pursuant to those other parts authorizes any transaction prohibited by this part. In addition, licenses or authorizations contained in or issued pursuant to any other provision of law or regulations do not authorize any transaction prohibited by this part. (b) No license or authorization contained in or issued pursuant to this part relieves the involved parties from complying with any other applicable laws or regulations. For example, no license or authorization contained in or issued pursuant to this part authorizes the export of goods or the export of technical data for which a validated license would be required under the Export Administration Regulations (15 CFR Part 368 et seq.) in the absence of such validated license. Subpart B--Prohibitions 540.204 Prohibited imports of goods and services from Nicaragua. Except as authorized by regulations, rulings, instructions, licenses, or otherwise, the following may not be imported into the United States: (a) Services of Nicaraguan origin; or (b) Goods of Nicaraguan origin. 540.205 Prohibited exports of goods to Nicaragua. Except as authorized, no goods may be exported from the United States either to or destined for Nicaragua, except those for the organized democratic resistance, and except donated articles such as food, clothing, and medicine, intended to be used to relieve human suffering. 540.206 Prohibited transactions with Nicaraguan vessels. Vessels of Nicaraguan registry are prohibited from entering into United States ports. 540.207 Prohibited transactions with Nicaraguan air carriers. Nicaraguan air carriers are prohibited from providing air transportation to or from points in the United States. 540.208 Prohibited related transactions. (a) No person may order, buy, receive, conceal, store, use, sell, loan, dispose of, transfer, transport, finance, forward, or otherwise service, in whole or in part, any commodity or technical data subject to the prohibitions of this part, with knowledge or reason to know that a violation of the International Emergency Economic Powers Act or any regulation, order, or license has occurred, is about to occur, or is intended to occur with respect to such commodity or technical data. (b) Payments are not prohibited if the transaction to which they relate is not prohibited. 540.209 Evasions; effective date. (a) Any transaction for the purpose of, or which has the effect of, evading or avoiding any of the prohibitions set forth in this subpart is hereby prohibited. (b) Unless otherwise specified, the prohibitions in this part shall be effective from 12:01 a.m., Eastern Daylight Time, May 7, 1985. Subpart C--General Definitions 540.301 Effective date. The term effective date means 12:01 a.m., Eastern Daylight Time, May 7, 1985. 540.302 Nicaragua; Nicaraguan. The term Nicaragua means the country of Nicaragua and any Nicaraguan territory, dependency, colony, protectorate, mandate, dominion, possession or place subject to the jurisdiction thereof, or any territory which is controlled or occupied by the military, naval or police forces or other authority of Nicaragua. The term Nicaraguan means pertaining to Nicaragua as defined in this section. 540.308 Person. The term person means an individual, partnership, association, corporation or other organization. 540.316 Nicaraguan origin. The term goods or services of Nicaraguan origin includes: (a) Goods produced, manufactured, grown, or processed within Nicaragua; (b) Goods which have entered into Nicaraguan commerce; and (c) Services performed in Nicaragua or by a Nicaraguan national. However, the term services of Nicaraguan origin does not include diplomatic and consular services performed on behalf of the Nicaraguan Government. 540.321 United States. The term United States means the United States and all areas under the jurisdiction or authority thereof, including the Trust Territory of the Pacific Islands. Subpart D--Interpretations 540.401 Offshore transactions. (a) The prohibitions contained in 540.204 do not apply to the importation into locations outside the United States of goods or services of Nicaraguan origin. (b) The prohibitions contained in 540.205 do not apply to the export of goods to or destined for Nicaragua from locations outside the United States. 540.402 Technical data. The term ``goods'' shall include, inter alia, technical data in tangible form including, but not limited to, a model, prototype, blueprint, drawing, operating manual, computer software, tape recording, microfiche, or other material in machine readable form. The term ``goods'' does not apply to oral transmission of technical data in the course of performance of services, telephone communications, lectures, seminars, or plant visits. 540.403 Imports of services of Nicaraguan origin. (a) Services of Nicaraguan origin are imported into the United States when: (1) Such services are performed in Nicaragua and are contracted for, or on behalf of, a person within the United States and for the benefit of a person within the United States; or (2) Such services are performed in the United States by a national of Nicaragua who is in the United States for purposes of performing such services as an employee or contractor of a business or governmental entity located in Nicaragua. Example 1: A company located in the United States requests an opinion from a Nicaraguan accounting firm. Section 540.204 prohibits the U.S. firm from contracting for and receiving such an opinion. Example 2: A company located in the United States contracts with an airline company located in Nicaragua to provide maintenance personnel for the U.S. company's aircraft in the United States. Section 540.204 prohibits the U.S. company from contracting for and receiving such services. (b) Services of Nicaraguan origin are not imported into the United States when such services are provided in the United States by a Nicaraguan national who, during indefinite residency in the United States, works as, for example, a teacher, athlete, restaurant or domestic worker, or a person employed in any other regular occupation. (c) Section 540.204 does not prohibit a U.S. person from obtaining technical, custodial, legal, accounting, banking, shipping, or other services from Nicaragua when they are to be rendered outside the United States, including in Nicaragua. 540.404 Transshipment through United States prohibited. (a) The prohibitions in 540.205 apply to the import into the United States, for transshipment or transit, of goods which are intended or destined for Nicaragua. (b) The prohibitions in 540.204 apply to the import into the United States, for transshipment or transit, of goods of Nicaraguan origin which are intended or destined for third countries. 540.405 Imports from third countries; transshipments. (a) Imports into the United States from third countries of goods containing raw materials or components of Nicaraguan origin are not prohibited if those raw materials or components have been incorporated into manufactured products or otherwise substantially transformed in a third country. (b) Imports into the United States of goods of Nicaraguan origin that have been transshipped through a third country without being incorporated into manufactured products or otherwise substantially transformed in a third country are prohibited. 540.406 Exports to third countries; transshipments. (a) Exports from the United States to third countries of goods to be incorporated into products for re-export to Nicaragua are not prohibited where the exporter has reasonable cause to believe that the goods will be incorporated into manufactured products or otherwise substantially transformed before shipment to Nicaragua. (b) Exports from the United States to third countries are prohibited where the exporter has reason to believe that the goods will be transshipped to Nicaragua without being incorporated into manufactured products or otherwise substantially transformed in a third country. 540.407 Imports into bonded warehouse or foreign trade zone. The prohibition in 540.204 applies to imports into a bonded warehouse or foreign trade zone of the United States. 540.408 Release from bonded warehouse or foreign trade zone. Section 540.204 does not prohibit the release from a bonded warehouse or a foreign trade zone of goods of Nicaraguan origin imported into a bonded warehouse or a foreign trade zone prior to the effective date. 540.409 Import and export of goods in transit before the effective date. (a) Section 540.204 does not apply to goods: (1) If imported by vessel, where the vessel arrives within the limits of a port in the United States prior to the effective date with the intent to unlade such goods; or (2) if imported other than by vessel, where the goods arrive within the Customs territory of the United States before the effective date. (b) Section 540.205 does not apply to goods: (1) If exported by vessel or airline, where the goods are laden on board before the effective date; or (2) if exported other than by vessel or airplane where the goods have left the United States before the effective date. (c) Payments relating to goods described in paragraphs (a) and (b) of this section are authorized, even where such related payments occur after the effective date. 540.410 Transactions relating to unprohibited offshore transactions. The prohibitions in subpart B do not extend to transactions by a person located in the United States relating to transactions outside the United States which are themselves not prohibited by subpart B, such as financial, service or brokerage transactions involving offshore transactions with Nicaragua. Subpart E--Licenses, Authorizations and Statements of Licensing Policy 540.502 Effect of license or authorization. (a) No license or other authorization contained in this part, or otherwise issued by or under the direction of the Secretary of the Treasury pursuant to section 203 of the International Emergency Economic Powers Act, shall be deemed to authorize or validate any transaction effected prior to the issuance of the license, unless such license or other authorization specifically so provides. (b) No regulation, ruling, instruction, or license authorizes a transaction prohibited under this part unless the regulation, ruling, instruction, or license is issued by the Treasury Department and specifically refers to this part. No regulation, ruling, instruction, or license referring to this part shall be deemed to authorize any transactions prohibited by any provision of parts 500, 505, 515, 520, or 535 of this chapter unless the regulation, ruling, instruction or license specifically refers to such provision. (c) Any regulation, ruling, instruction or license authorizing a transaction otherwise prohibited under this part has the effect of removing a prohibition or prohibitions in subpart B from the transaction, but only to the extent specifically stated by its terms. Unless the regulation, ruling, instruction or license otherwise specifies, such an authorization does not create any right, duty, obligation, claim, or interest in, or with respect to, any property which would not otherwise exist under ordinary principles of law. 540.503 Exclusion from licenses and authorizations. The Secretary of the Treasury reserves the right to exclude any person from the operation of any license or from the privileges therein conferred or to restrict the applicability thereof with respect to particular persons, transactions or property or classes thereof. Such action shall be binding upon all persons receiving actual notice or constructive notice thereof. 540.504 Imports paid for prior to May 1, 1985. (a) Goods of Nicaraguan origin that were entirely paid for prior to May 1, 1985, may be imported into the United States after the effective date, upon certification by the importer to U.S. Customs of the prior full payment. (b) Upon application to the Office of Foreign Assets Control, specific licenses may be issued authorizing the importation into the United States after the effective date of: (1) Goods of Nicaraguan origin that were partially paid for prior to May 1, 1985; and (2) Services of Nicaraguan origin that were fully or partially paid for prior to May 1, 1985. 540.505 Exports pursuant to prior contractual commitments. (a) Goods that were in transit to Nicaragua before the effective date may be exported in accordance with the provisions of 540.409. (b) Specific licenses will normally be granted authorizing the export of goods from the United States to Nicaragua after the effective date and before November 1, 1985, provided the exporter demonstrates that it has a legal obligation to export the goods to Nicaragua under a contract entered into prior to May 1, 1985, and either that: (1) The exporter's obligation is guaranteed under an outstanding performance bond which can successfully be invoked by the Nicaraguan importer; or (2) The exporter is unable to sell the goods to any other purchaser without incurring a loss. 540.533 Certain exports authorized. (a) All transactions ordinarily incident to the exportation of any item, commodities, or products from the United States to or destined for Nicaragua are authorized if such exports are authorized under one or more of the following regulations administered by the Department of Commerce: (1) 15 CFR 371.6, General license BAGGAGE: accompanied and unaccompanied baggage; (2) 15 CFR 371.13, General license GUS: Shipments to personnel and agencies of the U.S. Government; (3) 15 CFR 371.18, General license GIFT: Shipments of gift parcels; (4) 15 CFR 379.3, General license GTDA: technical data available to all destinations; (5) 15 CFR 371.19, General license GATS: relating to foreign-registry civil aircraft (except that transactions relating to Nicaraguan-registered air carriers are not authorized), and to U.S. air carrier aircraft and other U.S.-registry civil aircraft. (b) All transactions are authorized ordinarily incident to the exportation from the United States to or destined for Nicaragua of the following items described as cited: (1) 15 CFR 399.1, Commodity Control List, Group 5, CCL No. 7599I: microfilm that reproduces the content of certain publications, and similar materials. (2) 15 CFR 399.1, Commodity Control List, Group 9, CCL No. 7999I: certain publications and related materials. 540.534 Certain imports for diplomatic or official personnel authorized. All transactions ordinarily incident to the importation of any goods or services into the United States from Nicaragua are authorized if such imports are destined for official or personal use by personnel employed by Nicaraguan diplomatic missions or Nicaraguan missions to international organizations located in the United States, and such imports are not for resale. 540.535 Certain services relating to participation in various events authorized. The importation of services of Nicaraguan origin into the United States is authorized where a Nicaraguan national enters the United States on a visa issued by the State Department for the purpose of participating in a public conference, performance, exhibition or similar event. 540.536 Import of publications authorized. The importation into the United States is authorized of all Nicaraguan publications, including books, newspapers, magazines, films, phonograph records, tape recordings, photographs, microfilm, microfiche, posters, and similar materials. 540.537 Import of certain gifts authorized. The importation into the United States is authorized for goods of Nicaraguan origin sent as gifts to persons in the United States where the value of the gift is not more than $100. 540.538 Import of accompanied baggage authorized. Persons entering the United States directly or indirectly from Nicaragua are authorized to import into the United States personal accompanied baggage normally incident to travel. 540.539 Commercial exports of certain medical supplies. Commercial exports to Nicaragua of medicines and supplies intended strictly for medical purposes are authorized. 540.540 Exports for humanitarian, educational, and religious purposes. Applications for specific licenses to export goods to Nicaragua for humanitarian, educational, or religious purposes will be considered on a case-by-case basis. 540.541 Certain exports by intergovernmental organizations. Applications by intergovernmental organizations in the United States for exportation of U.S. goods to Nicaragua will be considered on a case-by-case basis. 540.542 Telecommunications and mail transactions authorized. All transactions of common carriers incident to the receipt or transmission of telecommunications and mail between the United States and Nicaragua are authorized. 540.599 Lifting of sanctions. (a) The prohibitions contained in 540.204 through 540.209 of this part do not apply to any transaction occurring after 9:10 a.m. e.s.t., March 13, 1990. (b) Nothing in this section affects any action taken or proceeding pending and not finally concluded or determined at, or any action or proceeding based on any act committed prior to, or any rights or duties that matured or penalties that were incurred prior to 9:10 a.m. e.s.t., March 13, 1990. [55 FR 28614, July 12, 1990] Subpart F--Reports 540.601 Required records. Every person engaging in any transaction subject to the provisions of this part shall keep a full and accurate record of each transaction in which he engages, regardless of whether such transaction is effected pursuant to license or otherwise, and such record shall be available for examination for at least two years after the date of such transaction. 540.602 Reports to be furnished on demand. Every person is required to furnish under oath, in the form of reports or otherwise, from time to time and at any time as may be required, complete information relative to any transaction, regardless of whether such transaction is effected pursuant to license or otherwise, subject to the provisions of this part. Such reports may be required to include the production of any books of account, contracts, letters or other papers, connected with any such transaction or property, in the custody or control of the persons required to make such reports. Reports with respect to transactions may be required either before or after such transactions are completed. The Secretary of the Treasury may, through any person or agency, investigate any such transaction or property or any violation of the provisions of this part regardless of whether any report has been required or filed in connection therewith. Subpart G--Penalties 540.701 Penalties. (a) Attention is directed to section 206 of the International Emergency Economic Powers Act, which provides in part: A civil penalty not to exceed $10,000 may be imposed on any person who violates any license, order, or regulation issued under this title. Whoever willfully violates any license, order, or regulation issued under this title shall, upon conviction, be fined not more than $50,000 or, if a natural person, may be imprisoned for not more than ten years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both. This section of the International Emergency Economic Powers Act is applicable to violations of any provision of this part and to violations of the provisions of any license, ruling, regulation, order, direction, or instruction issued by or pursuant to the direction or authorization of the Secretary of the Treasury pursuant to this part or otherwise under the International Emergency Economic Powers Act. (b) Attention is also directed to 18 U.S.C. 1001, which provides: Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representation or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. 540.702 Detention of shipments. Import shipments into the United States of goods of Nicaraguan origin in violation of 540.204 and export shipments from the United States of goods to or destined for Nicaragua in violation of 540.205 shall be detained. No such import or export shall be permitted to proceed, except as specifically authorized by the Secretary of the Treasury. Such shipments shall be subject to licensing, penalties, or forfeiture action, under the Customs laws or other applicable provision of law, depending on the circumstances. 540.703 Prepenalty notice. (a) When required. If the Director of the Office of Foreign Assets Control (hereinafter ``Director'') has reasonable cause to believe that there has occurred a violation of any provision of this part 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 of the Treasury pursuant to this part or otherwise under the International Emergency Economic Powers Act, and the Director determines that further proceedings are warranted, he shall issue to the person concerned a notice of his intent to impose a monetary penalty. The prepenalty notice shall be issued whether or not another agency has taken any action with respect to this matter. (b) Contents--(1) Facts of violation. The prepenalty notice shall: (i) Describe the violation. (ii) Specify the laws and regulations allegedly violated. (iii) State the amount of the proposed monetary penalty. (2) Right to make presentations. The prepenalty notice also shall inform the person of his right to make a written presentation within thirty (30) days of mailing of the notice as to why a monetary penalty should not be imposed, or, if imposed, why it should be in a lesser amount than proposed. [53 FR 7356, Mar. 3, 1988] 540.704 Presentation responding to prepenalty notice. (a) Time within which to respond. The named person shall have 30 days from the date of mailing of the prepenalty notice to make a written presentation to the Director. (b) Form and contents of written presentation. The written presentation need not be in any particular form, but shall contain information sufficient to indicate that it is in response to the prepenalty notice. It should contain responses to the allegations in the prepenalty notice and set forth the reasons why the person believes the penalty should not be imposed or, if imposed, why it should be in a lesser amount than proposed. [53 FR 7356, Mar. 8, 1988] 540.705 Penalty notice. (a) No violation. If, after considering any presentations made in response to the prepenalty notice, the Director determines that there was no violation by the person named in the prepenalty notice, he promptly shall notify the person in writing of that determination and that no monetary penalty will be imposed. (b) Violation. If, after considering any presentations made in response to the prepenalty notice, the Director determines that there was a violation by the person named in the prepenalty notice, he promptly shall issue a written notice of the imposition of the monetary penalty to that person. [53 FR 7356, Mar. 8, 1988] 540.706 Referral to United States Department of Justice. In the event that the person named does not pay the penalty imposed pursuant to this subpart or make payment arrangements acceptable to the Director within thirty days of the mailing of the written notice of the imposition of the penalty, the matter shall be referred to the United States Department of Justice, for appropriate action to recover the penalty in a civil suit in a Federal district court. [53 FR 7357, Mar. 8, 1988] Subpart H--Procedures 540.801 Licensing. (a) General licenses. General licenses have been issued authorizing under appropriate terms and conditions certain types of transactions which are subject to the prohibitions contained in subpart B of this part. All such licenses are set forth in subpart E of this part. It is the policy of the Office of Foreign Assets Control not to grant applications for specific licenses authorizing transactions to which the provisions of an outstanding general license are applicable. Persons availing themselves of certain general licenses may be required to file reports and statements in accordance with the instructions specified in those licenses. (b) Specific licenses--(1) General course of procedure. Transactions subject to the prohibitions contained in subpart B of this part which are not authorized by general license may be effected only under specific licenses. The specific licensing activities of the Office of Foreign Assets Control are performed by its Washington Office and by the Federal Reserve Bank of New York. (2) Applications for specific licenses. Applications for specific licenses to engage in any transaction prohibited by or pursuant to this part are to be filed in duplicate with the Federal Reserve Bank of New York. Any person having an interest in a transaction or proposed transaction may file an application for a license authorizing such transaction, and there is no requirement that any other person having an interest in such transaction shall or should join in making or filing such application. (3) Information to be supplied. The applicant must supply all information specified by the respective forms and instructions. Such documents as may be relevant shall be attached to each application as a part of such application except that documents previously filed with the Office of Foreign Assets Control may, where appropriate, be incorporated by reference. Applicants may be required to furnish such further information as is deemed necessary to a proper determination by the Office of Foreign Assets Control. If an applicant or other party in interest desires to present additional information or discuss or argue the application, he may do so at any time before or after decision. Arrangements for oral presentation should be made with the Office of Foreign Assets Control. (4) Effect of denial. The denial of a license does not preclude the reopening of an application or the filing of a further application. The applicant or any other party in interest may at any time request explanation of the reasons for a denial by correspondence or personal interview. (5) Reports under specific licenses. As a condition upon the issuance of any license, the licensee may be required to file reports with respect to the transaction covered by the license, in such form and at such times and places as may be prescribed in the license or otherwise. (6) Issuance of license. Licenses will be issued by the Office of Foreign Assets Control acting on behalf of the Secretary of the Treasury or by the Federal Reserve Bank of New York, acting in accordance with such regulations, rulings and instructions as the Secretary of the Treasury or the Office of Foreign Assets Control may from time to time prescribe, in such cases or classes of cases as the Secretary of the Treasury or the Office of Foreign Assets Control may determine, or licenses may be issued by the Secretary of the Treasury acting directly or through any designated person, agency, or instrumentality. 540.803 Decisions. The Office of Foreign Assets Control or the Federal Reserve Bank of New York will advise each applicant of the decision respecting filed applications. The decision of the Office of Foreign Assets Control acting on behalf of the Secretary of the Treasury with respect to an application shall constitute a final agency action. 540.805 Amendment, modification, or revocation. The provisions of this part and any rulings; licenses, whether general or specific; authorizations; instructions; orders; or forms issued hereunder may be amended, modified, or revoked at any time. 540.806 Rulemaking. (a) All rules and other public documents are issued by the Secretary of the Treasury upon recommendation of the Director of the Office of Foreign Assets Control. Except to the extent that there is involved any military, naval, or foreign affairs function of the United States or any matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts, and except when interpretative rules, general statements of policy, or rules of agency organization, practice, or procedure are involved or when notice and public procedure are impracticable, unnecessary or contrary to the public interest, interested persons will be afforded an opportunity to participate in rulemaking through submission of written data, views, or arguments, with oral presentation in the discretion of the Director. In general, rulemaking by the the Office of Foreign Assets Control involves foreign affairs functions of the United States. Wherever possible, however, it is the practice to hold informal consultations with interested groups or persons before the issuance of any rule or other public document. (b) Any interested person may petition the Director of the Office of Foreign Assets Control in writing for the issuance, amendment or repeal of any rule. 540.807 Delegation by the Secretary of the Treasury. Any action which the Secretary of the Treasury is authorized to take pursuant to Executive Order 12513 or the International Emergency Economic Powers Act may be taken by the Director, Office of Foreign Assets Control, or by any other person to whom the Secretary of the Treasury has delegated authority so to act. 540.808 Customs procedures: Merchandise specified in 540.204. (a) With respect to merchandise specified in 540.204 appropriate Customs officers shall not accept or allow any: (1) Entry for consumption or warehouse (including any appraisement entry, any entry of goods imported in the mails, regardless of value, and any informal entries); (2) Entry for immediate exportation; (3) Entry for transportation and exportation; (4) Withdrawal from warehouse; (5) Entry, transfer or withdrawal from a foreign trade zone; or (6) Manipulation or manufacture in a warehouse or in a foreign trade zone, unless either: (i) The merchandise was imported prior to 12:01 a.m., May 7, 1985, or (ii) A specific license pursuant to this part is presented, or (iii) Instructions from the Office of Foreign Assets Control, either direct or through the Federal Reserve Bank of New York, authorizing the transaction are received. (b) Whenever a specific license is presented to an appropriate Customs officer in accordance with this section, one additional legible copy of the entry, withdrawal or other appropriate document with respect to the merchandise involved shall be filed with the appropriate Customs officers at the port where the transaction is to take place. Each copy of any such entry, withdrawal or other appropriate document, including the additional copy, shall bear plainly on its face the number of the license pursuant to which it is filed. The original copy of the specific license shall be presented to the appropriate Customs officers in respect of each such transaction and shall bear a notation in ink by the licensee or person presenting the license showing the description, quantity and value of the merchandise to be entered, withdrawn or otherwise dealt with. This notation shall be so placed and so written that there will exist no possibility of confusing it with anything placed on the license at the time of its issuance. If the license in fact authorizes the entry, withdrawal or other transaction with regard to the merchandise the appropriate Customs officer, or other authorized Customs employee, shall verify the notation by signing or initialing it after first assuring himself that it accurately describes the merchandise it purports to represent. The license shall thereafter be returned to the person presenting it and the additional copy of the entry, withdrawal or other appropriate document shall be forwarded by the appropriate Customs officer to the Office of Foreign Assets Control. (c) Whenever a person shall present an entry, withdrawal or other appropriate document affected by this section and shall assert that no specific Foreign Assets Control license is required in connection therewith, the appropriate Customs officer shall withhold action thereon and shall advise such person to communicate directly with the Federal Reserve Bank of New York, Foreign Assets Control Division, to request that instructions be sent to the Customs officer to authorize him to take action with regard thereto. 540.809 Rules governing availability of information. (a) The records of the Office of Foreign Assets Control which are required by 5 U.S.C. 552 to be made available to the public shall be made available in accordance with the definitions, procedures, payment of fees, and other provisions of the regulations on the Disclosure of Records of the Office of the Secretary and of other bureaus and offices of the Department issued under 5 U.S.C. 552 and published as part 1 of this title 31 of the Code of Federal Regulations. (b) Any form issued for use in connection with the Nicaraguan Trade Control Regulations may be obtained in person or by writing to the Office of Foreign Assets Control, Treasury Department, Washington, DC 20220, or the Foreign Assets Control Division, Federal Reserve Bank of New York, 33 Liberty Street, New York, N.Y. 10045. Subpart I--Miscellaneous Provisions 540.901 Paperwork Reduction Act notice. The information collection requirements in 540.504, 540.505, 540.540, 540.541, 540.601, and 540.602 have been approved by the Office of Management and Budget and assigned control number 1505 - 0089. [50 FR 27438, July 3, 1985]