15 C.F.R. Subpart L—Miscellaneous Provisions
Title 15 - Commerce and Foreign Trade
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. (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with reference to which a request for confidential treatment is made by the person furnishing such information, shall not be published or disclosed unless the President determines that the withholding of this information is contrary to the interest of the national defense.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the Act, this regulation, or an official action, is deemed to be confidential under section 705(e) of the Act and shall not be published or disclosed except as required by law.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] (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. 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] 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. [63 FR 31925, June 11, 1998, as amended at 71 FR 39529, July 13, 2006] [71 FR 39529, July 13, 2006]
Title 15: Commerce and Foreign Trade
PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM
Subpart L—Miscellaneous Provisions
§ 700.90 Protection against claims.
§ 700.91 Records and reports.
§ 700.92 Applicability of this regulation and official actions.
§ 700.93 Communications.
Schedule I to Part 700—Approved Programs and Delegate Agencies
---------------------------------------------------------------------------------------------------------------- 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.
Appendix I to Part 700—Form BIS–999—Request for Special Priorities Assistance