Current through September 30, 2024
Section 400.4 - Authority and responsibilities of the Executive SecretaryThe Executive Secretary has the following responsibilities and authority:
(a) Represent the Board in administrative, regulatory, operational, and public affairs matters;(b) Serve as director of the Commerce Department's Foreign-Trade Zones staff;(c) Execute and implement orders of the Board;(d) Arrange meetings and direct circulation of action documents for the Board;(e) Arrange with other sections of the Department of Commerce and other governmental agencies for studies and comments on zone issues and proposals;(f) Maintain custody of the seal, records, files and correspondence of the Board, with disposition subject to the regulations of the Department of Commerce;(g) Issue notices on zone matters for publication in the FEDERAL REGISTER;(h) Direct processing of applications and reviews, including designation of examiners and scheduling of hearings, under various sections of this part;(i) Make determinations on questions pertaining to grantees' applications for subzones as provided in § 400.12(d) ;(j) Make recommendations in cases involving questions as to whether zone activity should be prohibited or restricted for public interest reasons, including proceedings and reviews under § 400.5 ;(k) Determine questions of scope under § 400.14(d) ;(l) Determine whether additional information is needed for evaluation of applications and other requests for decisions under this part, as provided for in various sections of this part, including §§ 400.21-400 .25;(m) Issue instructions, guidelines, forms and related documents specifying time, place, manner and formats for applications, notifications, application fees and zone schedules in various sections of this part, including §§ 400.21(b) , 400.29 , 400.43(f) , and 400.44 ;(n) Determine whether proposed modifications are major modifications or minor modifications under § 400.24(a)(2) ;(o) Determine whether applications meet pre-docketing requirements under § 400.31(b) ;(p) Terminate reviews of applications under certain circumstances pursuant to § 400.36(g) ;(q) Authorize minor modifications to zones under § 400.38 , commencement of production activity under § 400.37(d) and subzone designation under § 400.36(f) ;(r) Review notifications for production authority under § 400.37 ;(s) Direct monitoring and reviews of zone operations and activity under § 400.49 ;(t) Review zone schedules and determine their sufficiency under § 400.44(c) ;(u) Assess potential issues and make recommendations pertaining to uniform treatment under § 400.43 and review and decide complaint cases under § 400.45 ;(v) Make certain determinations and authorizations pertaining to retail trade under § 400.47 ;(w) Authorize under certain circumstances the entry of "zone-restricted merchandise" into the customs territory under § 400.48 ;(x) Determine the format and deadlines for the annual reports of zone grantees to the Board and direct preparation of an annual report from the Board to Congress under § 400.51(c) ;(y) Make recommendations and certain determinations regarding violations and fines, and undertake certain procedures related to the suspension of activated status, as provided in § 400.62 ; and(z) Designate an acting Executive Secretary.