---
kind: "section"
citation: "15 C.F.R. § 400.4"
title: "15"
number: "400.4"
heading: "Authority and responsibilities of the Executive Secretary."
url: "https://uscodex.org/cfr/15/400.4"
---

# §400.4. Authority and responsibilities of the Executive Secretary.


The 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)](/cfr/15/400.12.md?p=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](/cfr/15/400.5.md);
- (k) Determine questions of scope under [§ 400.14(d)](/cfr/15/400.14.md?p=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](/cfr/15/400.21-400.25.md);
- (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)](/cfr/15/400.21.md?p=b), [400.29](/cfr/15/400.29.md), [400.43(f)](/cfr/15/400.43.md?p=f), and [400.44](/cfr/15/400.44.md);
- (n) Determine whether proposed modifications are major modifications or minor modifications under [§ 400.24(a)(2)](/cfr/15/400.24.md?p=a-2);
- (o) Determine whether applications meet pre-docketing requirements under [§ 400.31(b)](/cfr/15/400.31.md?p=b);
- (p) Terminate reviews of applications under certain circumstances pursuant to [§ 400.36(g)](/cfr/15/400.36.md?p=g);
- (q) Authorize minor modifications to zones under [§ 400.38](/cfr/15/400.38.md), commencement of production activity under [§ 400.37(d)](/cfr/15/400.37.md?p=d) and subzone designation under [§ 400.36(f)](/cfr/15/400.36.md?p=f);
- (r) Review notifications for production authority under [§ 400.37](/cfr/15/400.37.md);
- (s) Direct monitoring and reviews of zone operations and activity under [§ 400.49](/cfr/15/400.49.md);
- (t) Review zone schedules and determine their sufficiency under [§ 400.44(c)](/cfr/15/400.44.md?p=c);
- (u) Assess potential issues and make recommendations pertaining to uniform treatment under [§ 400.43](/cfr/15/400.43.md) and review and decide complaint cases under [§ 400.45](/cfr/15/400.45.md);
- (v) Make certain determinations and authorizations pertaining to retail trade under [§ 400.47](/cfr/15/400.47.md);
- (w) Authorize under certain circumstances the entry of “zone-restricted merchandise” into the customs territory under [§ 400.48](/cfr/15/400.48.md);
- (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)](/cfr/15/400.51.md?p=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](/cfr/15/400.62.md); and
- (z) **Designate an acting Executive Secretary.**

## Notes

### Amendments

[77 FR 12139, Feb. 28, 2012, as amended at 89 FR 8527, Feb. 8, 2024]

### Authority

Authority: Foreign-Trade Zones Act of June 18, 1934, as amended (Pub. L. 73-397, 48 Stat. 998-1003 (19 U.S.C. 81a-81u)).

### Source

Source: 77 FR 12139, Feb. 28, 2012, unless otherwise noted.

### Amendments

[77 FR 12139, Feb. 28, 2012, as amended at 89 FR 8527, Feb. 8, 2024]