§700.32. Controlling the general distribution of a material in the civilian market.
15 C.F.R. § 700.32
No allocation action by the Department of Commerce may be used to control the general distribution of a material in the civilian market unless the conditions of paragraphs (a), (b), and (c) of this section are met.
The Secretary has made a written finding that—
Such material is a scarce and critical material essential to the national defense, and
The requirements of the national defense for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.
The Secretary has submitted the finding for the President's approval through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism.
The President has approved the finding.
In this section, the term, “Secretary” means the Secretary of Commerce or his or her designee.
Notes, amendments, and revision history
Amendments
[79 FR 47567, Aug. 14, 2014]
Source
Source: 63 FR 31923, June 11, 1998, unless otherwise noted.
Authority
Authority: 50 U.S.C. 4501 et seq.; 42 U.S.C. 5195, et seq.; 50 U.S.C. 3816; 10 U.S.C. 2538; 50 U.S.C. 82; E.O. 12656, 53 FR 226, 3 CFR, 1988 Comp., p. 585; E.O. 12742, 56 FR 1079, 3 CFR, 1991 Comp., p. 309; E.O. 13603, 77 FR 16651, 3 CFR, 2012 Comp., p. 225.
Source
Source: 49 FR 30414, July 30, 1984, unless otherwise noted. Redesignated at 54 FR 601, Jan. 9, 1989.
Amendments
[79 FR 47567, Aug. 14, 2014]