---
kind: "section"
citation: "41 C.F.R. § 201-1.301"
title: "41"
number: "201-1.301"
heading: "Recommendation."
url: "https://uscodex.org/cfr/41/201-1.301"
---

# §201-1.301. Recommendation.

- (a) **Content of recommendation.** The FASC shall include the following in any recommendation for the issuance of an exclusion or removal order made to the Secretary of Homeland Security, Secretary of Defense, and/or Director of National Intelligence:
  - (1) Information necessary to positively identify any source or covered article recommended for exclusion or removal;
  - (2) Information regarding the scope and applicability of the recommended exclusion or removal order, including whether the order should apply to all executive agencies or a subset of executive agencies;
  - (3) A summary of the supply chain risk assessment reviewed or conducted in support of the recommended exclusion or removal order, including significant conflicting or contrary information, if any;
  - (4) A summary of the basis for the recommendation, including a discussion of less intrusive measures that were considered and why such measures were not reasonably available to reduce supply chain risk;
  - (5) A description of the actions necessary to implement the recommended exclusion or removal order; and,
  - (6) Where practicable, in the FASC's sole and unreviewable discretion, a description of the mitigation steps that could be taken by the source that may result in the FASC's rescission of the recommendation.
- (b) **Information sharing in the absence of a recommendation—** If the FASC decides not to issue a recommendation, information received and analyzed pursuant to the procedures in this section may be shared, as appropriate, in accordance with subpart B of this part.

## Notes

### Authority

Authority: 41 U.S.C. 1321-1328, 4713.

### Source

Source: 86 FR 47587, Aug. 26, 2021, unless otherwise noted.