15 C.F.R. § 231.307

Current through October 31, 2024
Section 231.307 - Review of actions that may violate the prohibition on certain joint research or technology licensing
(a) The Secretary may initiate a review of any joint research or technology licensing the Secretary believes may be prohibited by § 231.203 . In determining whether to initiate a review, the Secretary may consider all available information, including information submitted by persons other than a covered entity to notifications@chips.gov.
(b) If the Secretary opens an initial review, the Secretary will notify the covered entity in writing and may request additional information from the covered entity. The covered entity shall provide the additional information to the Secretary within three business days, or within a longer time frame if the covered entity requests in writing and the Secretary grants that request in writing.
(c) The Secretary may make an initial determination as to whether the covered entity violated § 231.203 .
(d) If the Secretary's initial determination is that the covered entity did not violate § 231.203 , the Secretary shall inform the covered entity in writing and close the review.
(e) If the Secretary's initial determination is that the covered entity violated § 231.203 , the Secretary will provide that initial determination to the covered entity in writing.
(1) The covered entity may within 14 days of receipt of the initial determination request that the Secretary reevaluate the initial determination, including by submitting additional information.
(2) If the covered entity does not make such a request within 14 days of receipt of the initial determination, the initial determination will become final. If the covered entity does request a reconsideration of the initial determination, the Secretary will issue the final determination within 45 days of the initial determination.

If the Secretary makes a final determination that an action violated § 231.203 , the Secretary will recover the full amount of the Federal financial assistance provided to the covered entity, which will be a debt owed to the U.S. Government.

15 C.F.R. §231.307

88 FR 65614 , 11/24/2023