§ 758.8 - Return or unloading of cargo.

§ 758.8 Return or unloading of cargo at direction of BIS, the Office of Export Enforcement or Customs Service.

(a) Exporting carrierCarrier. As used in this section, the term “exporting carrier” “carrier” includes a connecting or on-forwarding carrier, as well as the owner, charterer, agent, master, or any other person in possession, control, or charge of the vessel, aircraft, vehicle, or other kind of carrierconveyance, whether such person is located in the United States or in a foreign country.

(b) ordering Ordering return or unloading of shipment. Where there are reasonable grounds to believe that a violation of the Export Administration Regulations has occurred, or will occur, In order to ensure compliance with export laws and regulations administered or enforced by the Secretary, OEE officials, or any other official of the United States designated by OEE, may, with respect to a particular export from the United States, BIS, the Office of Export Enforcement, or the U.S. Customs Service may order any person in possession or control of such shipment, including the exporting carrier, to return or unload the shipment. Such person must, as ordered, either:

(1)

reexport, or transfer (in-country), order any carrier to return or unload the shipment. For the purpose of this section, furnishing a copy of the order to any person included within the definition of carrier will be sufficient notice of the order to the carrier. The carrier must, as ordered:

(1) Unload the shipment and make it available to OEE officials for search and inspection; or

(2) Return the shipment to the United States or cause it to be returned; or

;

(

2

3) Unload the shipment at a port of call and take steps to assure that it is placed in custody under bond or other guaranty not to enter the commerce of any foreign country without the prior approval of BIS.

For the purpose of this section, the furnishing of a copy of the order to any person included within the definition of exporting carrier will be sufficient notice of the order to the exporting carrier.

(c) Requirements regarding shipment to be unloaded. The provisions of § 758.5(bd) and (ce) of this part, relating to reporting, notification to BIS, and the prohibition against unauthorized delivery or entry of the item into a foreign country , shall apply also when items are unloaded at a port of call, as provided in paragraph (b)(23) of this section.

(d) Notification. Upon discovery by any person included within the term “exporting carrier“carrier,” as defined in paragraph (a) of this section, that a violation of the EAR export laws and regulations administered or enforced by the Secretary has occurred or will , is occurring, or is about to occur with respect to a shipment on board, or otherwise in the possession or control of the carrier, such person must immediately notify both:

(1) The Office of Export Enforcement at the following address: Room H-45204508, U.S. Department of Commerce, 14th Street and Constitution Ave. NW, N.W., Washington D.C. Washington, DC 20230, Telephone: [phone], Facsimile: [phone]; and

(2) The person in actual possession or control of the shipment.

[85 FR 73415, Nov. 18, 2020]