§ 400.4 - Authority and responsibilities of the Executive Secretary.

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The Executive Secretary has the following responsibilities and authority:

Represent the Board in administrative, regulatory, operational, and public affairs matters;

Serve as director of the Commerce Department's Foreign-Trade Zones staff;

Execute and implement orders of the Board;

Arrange meetings and direct circulation of action documents for the Board;

Arrange with other sections of the Department of Commerce and other governmental agencies for studies and comments on zone issues and proposals;

Maintain custody of the seal, records, files and correspondence of the Board, with disposition subject to the regulations of the Department of Commerce;

Issue notices on zone matters for publication in the Federal Register;

Direct processing of applications and reviews, including designation of examiners and scheduling of hearings, under various sections of this part;

Make determinations on questions pertaining to grantees' applications for subzones as provided in § 400.12(d);

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;

Determine questions of scope under § 400.14(d);

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;

Issue instructions, guidelines, forms and related documents specifying time, place, manner and formats for applications and notifications in various sections of this part, including §§ 400.21(b) and 400.43(f);

Determine whether proposed modifications are major modifications or minor modifications under § 400.24(a)(2);

Determine whether applications meet pre-docketing requirements under § 400.31(b);

Terminate reviews of applications under certain circumstances pursuant to § 400.36(g);

Authorize minor modifications to zones under § 400.38, commencement of production activity under § 400.37(d) and subzone designation under § 400.36(f);

Review notifications for production authority under § 400.37;

Direct monitoring and reviews of zone operations and activity under § 400.49;

Review rate schedules and determine their sufficiency under § 400.44(c);

Assess potential issues and make recommendations pertaining to uniform treatment under § 400.43 and review and decide complaint cases under § 400.45;

Make certain determinations and authorizations pertaining to retail trade under § 400.47;

Authorize under certain circumstances the entry of “zone-restricted merchandise” into the customs territory under § 400.48;

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);

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; and

Designate an acting Executive Secretary.