15 C.F.R. Subpart L—Miscellaneous Provisions


Title 15 - Commerce and Foreign Trade


Title 15: Commerce and Foreign Trade
PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM

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Subpart L—Miscellaneous Provisions

§ 700.90   Protection against claims.

A person shall not be held liable for damages or penalties for any act or failure to act resulting directly or indirectly from compliance with any provision of this regulation, or an official action, notwithstanding that such provision or action shall subsequently be declared invalid by judicial or other competent authority.

§ 700.91   Records and reports.

(a) Persons are required to make and preserve for at least three years, accurate and complete records of any transaction covered by this regulation (OMB control number 0694–0053) or an official action.

(b) Records must be maintained in sufficient detail to permit the determination, upon examination, of whether each transaction complies with the provisions of this regulation or any official action. However, this regulation does not specify any particular method or system to be used.

(c) Records required to be maintained by this regulation must be made available for examination on demand by duly authorized representatives of Commerce as provided in §700.71.

(d) In addition, persons must develop, maintain, and submit any other records and reports to Commerce that may be required for the administration of the Defense Production Act, the Selective Service Act and related statutes, and this regulation.

(e) Section 705(e) of the Defense Production Act provides that information obtained under this section which the President deems confidential, or with reference to which a request for confidential treatment is made by the person furnishing such information, shall not be published or disclosed unless the President determines that the withholding of this information is contrary to the interest of the national defense. Information required to be submitted to Commerce in connection with the enforcement or administration of the Act, this regulation, or an official action, is deemed to be confidential under section 705(e) of the Act and shall not be published or disclosed except as required by law.

[49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31924, 31925, June 11, 1998]

§ 700.92   Applicability of this regulation and official actions.

(a) This regulation and all official actions, unless specifically stated otherwise, apply to transactions in any state, territory, or possession of the United States and the District of Columbia.

(b) This regulation and all official actions apply not only to deliveries to other persons but also include deliveries to affiliates and subsidiaries of a person and deliveries from one branch, division, or section of a single entity to another branch, division, or section under common ownership or control.

(c) This regulation and its schedules shall not be construed to affect any administrative actions taken by Commerce, or any outstanding contracts or orders placed pursuant to any of the regulations, orders, schedules or delegations of authority under the Defense Materials System and Defense Priorities System previously issued by Commerce. Such actions, contracts, or orders shall continue in full force and effect under this regulation unless modified or terminated by proper authority.

(d) The repeal of the regulations, orders, schedules and delegations of authority of the Defense Materials System (DMS) and Defense Priorities System (DPS) shall not have the effect to release or extinguish any penalty or liability incurred under the DMS/DPS. The DMS/DPS shall be treated as still remaining in force for the purpose of sustaining any action for the enforcement of such penalty or liability.

§ 700.93   Communications.

All communications concerning this regulation, including requests for copies of the regulation and explanatory information, requests for guidance or clarification, and requests for adjustment or exception shall be addressed to the Office of Strategic Industries and Economic Security, Room 3876, U.S. Department of Commerce, Washington, DC 20230, Ref: DPAS; telephone: (202) 482–3634 or fax: (202) 482–5650.

[71 FR 39528, July 13, 2006]

Schedule I to Part 700—Approved Programs and Delegate Agencies

The programs listed in this schedule have been approved for priorities and allocations support under this part. They have equal preferential status. The Department of Commerce has authorized the Delegate Agencies to use this part in support of those programs assigned to them, as indicated below.

 ----------------------------------------------------------------------------------------------------------------       Program identification symbol            Approved program                    Delegate agency----------------------------------------------------------------------------------------------------------------Defense programs:    A1....................................  Aircraft................  Department of Defense.\1\    A2....................................  Missiles................   Do.    A3....................................  Ships...................   Do.    A4....................................  Tank_Automotive.........   Do.    A5....................................  Weapons.................   Do.    A6....................................  Ammunition..............   Do.    A7....................................  Electronic and             Do.                                             communications                                             equipment.    B1....................................  Military building          Do.                                             supplies.    B8....................................  Production equipment       Do.                                             (for defense                                             contractor's account).    B9....................................  Production equipment       Do.                                             (Government owned).    C1....................................  Food resources (combat     Do.                                             rations).    C2....................................  Department of Defense      Do.                                             construction.    C3....................................  Maintenance, repair, and   Do.                                             operating supplies                                             (MRO) for Department of                                             Defense facilities.    C9....................................  Miscellaneous...........   Do.International defense programs:    Canada:        D1................................  Canadian military         Department of Commerce.                                             programs.        D2................................  Canadian production and    Do.                                             construction.        D3................................  Canadian atomic energy     Do.                                             program.    Other Foreign Nations:        G1................................  Certain munitions items   Department of Commerce.                                             purchased by foreign                                             governments through                                             domestic commercial                                             channels for export.        G2................................  Certain direct defense     Do.                                             needs of foreign                                             governments other than                                             Canada.        G3................................  Foreign nations (other     Do.                                             than Canada) production                                             and construction.    Co-Production:        J1................................  F-16 Co-Production        Departments of Commerce and Defense.                                             Program.Atomic energy programs:    E1....................................  Construction............  Department of Energy.    E2....................................  Operations_including       Do.                                             maintenance, repair,                                             and operating supplies                                             (MRO).    E3....................................  Privately owned            Do.                                             facilities.Domestic energy programs:    F1....................................  Exploration, production,  Department of Energy.                                             refining, and                                             transportation.    F2....................................  Conservation............   Do.    F3....................................  Construction, repair,      Do.                                             and maintenance.Other defense, energy, and related programs:    H1....................................  Certain combined orders   Department of Commerce.                                             (see section 700.17(c)).    H5....................................  Private domestic           Do.                                             production.    H6....................................  Private domestic           Do.                                             construction.    H7....................................  Maintenance, repair, and   Do.                                             operating supplies                                             (MRO).    H8....................................  Designated Programs.....   Do.    K1....................................  Federal supply items....  General Services Administration.Homeland security programs:    N1....................................  Federal emergency         Department of Homeland Security.                                             preparedness,                                             mitigation, response,                                             and recovery.    N2....................................  State, local, tribal       Do.                                             government emergency                                             preparedness,                                             mitigation, response,                                             and recovery.    N3....................................  Intelligence and warning   Do.                                             systems.    N4....................................  Border and                 Do.                                             transportation security.    N5....................................  Domestic and counter-      Do.                                             terrorism, including                                             law enforcement.    N6....................................  Chemical, biological,      Do.                                             radiological, and                                             nuclear countermeasures.    N7....................................  Critical infrastructure    Do.                                             protection and                                             restoration.    N8....................................  Miscellaneous...........   Do.----------------------------------------------------------------------------------------------------------------\1\ Department of Defense includes: The Office of the Secretary of Defense, the Military Departments, the Joint  Staff, the Combatant Commands, the Defense Agencies, the Defense Field Activities, all other organizational  entities in the Department of Defense, and, for purposes of this regulation, the Central Intelligence Agency  and the National Aeronautics and Space Administration as Associated Agencies.

[63 FR 31925, June 11, 1998, as amended at 71 FR 39529, July 13, 2006]

Appendix I to Part 700—Form BIS–999—Request for Special Priorities Assistance

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[71 FR 39529, July 13, 2006]

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