§ 791.105 - Initial determination.

§ 791.105 Initial determination.

(a) If, after the consultation required by § 791.104, the Secretary determines that the ICTS Transaction does not meet the criteria set forth in § 791.103(c):

(1) The transaction shall no longer be under review; and

(2) Future review of the transaction shall not be precluded, where additional information becomes available to the Secretary.

(b) If, after the consultation required by § 791.104, the Secretary determines that the ICTS Transaction meets the criteria set forth in § 791.103(c), the Secretary shall:

(1) Make an initial written determination, which shall be dated and signed by the Secretary, that:

(i) Explains why the ICTS Transaction meets the criteria set forth in § 791.103(c); and

(ii) Sets forth whether the Secretary has initially determined to prohibit the ICTS Transaction or to propose mitigation measures, by which the ICTS Transaction may be permitted; and

(2) Notify the parties to the ICTS Transaction either through publication in the Federal Register or by serving a copy of the initial determination on the parties via registered U.S. mail, facsimile, and electronic transmission, or third-party commercial carrier, to an addressee's last known address or by personal delivery.

(c) Notwithstanding the fact that the initial determination to prohibit or propose mitigation measures on an ICTS Transaction may, in whole or in part, rely upon classified national security information, or sensitive but unclassified information, the initial determination will contain no classified national security information, nor reference thereto, and, at the Secretary's discretion, may not contain sensitive but unclassified information.

[86 FR 4923, Jan. 19, 2021. Redesignated and amended at 89 FR 58265, July 18, 2024]