[This arrived by fax; the first page's fax header is included.] U/S FOR EXPORT ADMIN. ID:202-482-2387 JAN 20'99 18:30 No.005 Fax Name: Lee Tien Fax: 510-525-3015 Phone: 510-525-0817 From: Anstr Davidson Date: January 14, 1999 Subject: Informal Hearing Pages: 4 The informal hearing will take place on January 25 at 10:30 am in room 3733 of the Department of Commerce Building (between 14th and 15th Streets and Constitution and Pennsylvania Avenues, NW), in Washington, D.C. You should enter the building in the entrance in the center of the building on 14th Street. If the guard wants someone to call to let you in, please call me at 482-1455. The Under Secretary has approved the attendance at the hearing of the five people you mentioned to me over the telephone today. (You, your client Mr. Daniels, Mr. John Gilmore, Ms. Joanne Kelly, and the court reporter. Could you please give me the full names correctly spelled of these people (except for the court reporter)? You can fax (202-482-2387), call (202-482-1149), or e-mail (adavidso@bxa.doc.gov) it to me. Attached is a letter from Under Secretary Reinsch outlining the procedures that will govern the informal hearing. Please let me know if yon have any questions about them. My direct telephone line is: 202-482-1149. UNITED STATES DEPARTMENT OF COMMERCE The Under Secretary for Export Administration Washington, D.C. 20230 January 20, 1999 Lee Tien, Esq. 1452 Curtis Street Berkeley, California 94702 Subject: Export License Appeal Informal Hearing Appl Ref. No. Z066051 /G006298 Dear Mr. Tien: This is in response to your request, pursuant to Part 756 of the Export Administration Regulations (EAR), for an informal hearing in connection with the above-referenced appeal. You also mentioned in a telephone conversation with Mr. Anstruther Davidson that you may be interested in having a transcript made of the hearing. We have no objections to a transcript of the informal hearing being made by an official court reporter, provided your client bears all the expenses related to the production of the transcript and providing a copy of the transcript for the record. (The court reporter should provide a certified copy of the transcript to my office by the date I have set below for your submission of any additional material-February 16.) Informal hearings for export license appeals are granted at my sole discretion. It has been my usual practice to grant requests for such hearings. As set forth in the EAR, the purpose of the hearing is to provide an opportunity for the appellant to make an oral presentation based on materials previously submitted by the appellant or material made available by the Government in the course of the administrative action being appealed. The informal hearing is an opportunity for you or your client to amplify why you believe the administrative action that you are appealing should be reversed or modified. No one is required to say anything at the hearing, and there will be no "cross-examination." You should not expect that the Department will elaborate on the written material provided to your client setting forth the basis for the classification of your client's product. No decision on the appeal will be rendered at the hearing; the decision will be issued to the appellant in writing, following the steps described below. The final determination of the appeal will contain a statement of the reasons for the decision. Part 756 of the EAR outlines the general procedures for the conduct of such hearings, and states that the Under Secretary (or his delegate) determines procedural questions. Attached are the procedures that will apply to this informal hearing. As yon are aware, I have designated Mr. Davidson, my senior policy analyst, to preside over the informal hearing. 2 As provided by the EAR, Mr. Davidson will submit a written report to me. I will consider all material that I find to be relevant and material to the appeal and which is not unduly repetitious. I may also consult with any other person that I deem appropriate in reaching my decision. I will accept any additional written submission that you might care to make after the close of the informal hearing, so long as I receive it no later than February 16. Very truly yours, /s/ William A. Reinsch Enclosure Procedures to be followed in the informal hearing of case Appl Ref. No. Z066051/G006298 o Absent good cause being shown by the appellant, the hearing will be held in the District of Columbia. o The rules of evidence do not apply. o The appellant or his/her representative may make an oral presentation and respond to questions from the presiding official, or other government representatives. Neither the appellant nor his/her representative will be required to respond to any questions. o Government representatives may, but are not required to, make a presentation or respond to questions from the appellant or his/her representative with respect to the matter of the appeal. o Unless specifically authorized by the Under Secretary, attendance at the informal hearing is limited to the appellant, the appellant's representative, the presiding official, and such employees of the Department of Commerce, or other government agencies, as the presiding official may designate. o A transcript of the hearing will usually not be made. If the appellant requests a transcript, such transcript shall be made by an official court reporter at the expense of the appellant and the appellant shall provide a copy for the record. (In this case, the copy for the record will be furnished to the Under Secretary by February 16, 1999.)