arguments shall, upon the filing of the Board's report with the Secretary, be filed with the original record in the case for consideration of the Secretary in connection with any exception by either party and may be referred to by either party in support of any exception to the findings of the Board.

The

(b) Oral argument before Board. Board shall hear oral arguments on the issues in controversy upon the request of either party and shall notify the parties of the time and place thereof.

(c) Findings of law and facts by Board. The Board shall prepare and file with the Secretary its findings of law and facts, recommendations, and a summary of all evidence and argument presented at the hearing. At the same time the Board shall serve a copy thereof upon the respective parties. The Board shall also file with the Secretary the original record, including all evidence presented at the hearing.

(d) Exceptions. Each party shall have 10 days from the date of the filing of the Board's findings of law and facts, recommendations, and summary of evidence and argument to file with the Secretary exceptions thereto.

§ 301.6 Decision of Secretary on appeals.

In deciding any appeal pursuant to § 301.1(a) the Secretary will consider all matters presented to or filed with him pursuant to the foregoing provisions, and on the basis thereof he will affirm, reverse, or modify the action of the Commissioner, or direct such action to be taken as the Secretary shall deem equitable and just.

[T.D. 63, 26 FR. 8490, Sept. 9, 1961]

§ 301.7 Time.

(a) Extension or restriction of time. The Secretary may, in his discretion, for cause shown, extend the foregoing time limits in any case. If the Secretary considers that the public interest so requires, he may, in his discretion, further restrict the time limits upon giving reasonable notice to such parties as he considers to be interested.

(b) Computation of time. Whenever the regulations in this part prescribe a time for the performance of any act, Sundays and legal holidays shall count just as any other days, except that when the time prescribed for the performance of an act expires on a Sunday or a legal holiday, such time shall extend to and

include the next succeeding day that is not a Sunday or legal holiday. Subpart B-Cooperation With States

AUTHORITY: §§ 301.8 to 301.11 issued under sec. 8, 46 Stat. 587; 21 U. S. C. 198.

SOURCE: $ 301.8 to 301.11 contained in Narcotics Regulation 4, 3 F. R. 1231, June 1, 1938. Redesignated at 20 F. R. 9504, Dec. 20, 1955.

§ 301.8 State or municipal prosecutions.

The Commissioner may furnish to State or municipal prosecuting officers a report or statement of such information, obtained from time to time by the Bureau of Narcotics concerning a violation or suspected violation of narcotic laws, as the Commissioner may deem cognizable by the said prosecuting officers for further investigation or prosecution in their respective jurisdictions. § 301.9 Attendance of officers.

The Commissioner may direct the attendance of any officer, agent, or employee of the Bureau of Narcotics who may be in possession of pertinent information, to testify as a witness in any inquiry or proceeding instituted by authority of law by or before a grand jury, municipal magistrate, or State court, where the direct object of such inquiry or proceeding is to determine whether there has been, in a particular case, a violation of the State law or municipal ordinance relating to narcotic drugs. The Commissioner may also direct any such officer, agent, or employee to produce for examination at said inquiry or proceeding such record of the Bureau of Narcotics or copy of any part thereof as the Commissioner may deem pertinent to the particular case. The officer, agent, or employee so producing any permanent record of said Bureau for examination shall not relinquish custody or control thereof but, immediately upon conclusion of the inquiry or proceeding, shall promptly return the record to its appropriate official repository.

§ 301.10 Hearings before licensing boards or other State agencies having power to suspend or revoke licenses. The Commissioner may furnish to State licensing boards or other State agencies authorized by law to revoke or suspend licenses to practice a profession, or engage in a trade, in the course of which narcotic drugs are possessed, controlled, or dispensed; or to any State

board, officer, or agency authorized by law to grant, suspend, or revoke any license or permit when, in the exercise of said authority, the narcotic drug addiction of the applicant, licentiate, or permitee, or his conviction of a violation of any law relating to narcotic drugs, may have a material bearing upon the granting, withholding, suspension, or revocation of said license or permit; such information in the possession of the Bureal of Narcotics as the Commissioner may deem appropriate to the enforcement of any State law or regulation or municipal ordinance relating to the granting, withholding, suspension, or revocation of State licenses or permits: Provided, That no information shall be furnished with respect to any case in which an offer in compromise has been accepted under authority of section 7122-Internal Revenue Code (26 U.S.C. 7122), unless such case involves the reported narcotic drug addiction of a person who is registered or qualified for registration under the Harrison Narcotic Law (68A Stat. 549; 26 U.S.C. 4701-4707, 4731-4735, 4771, 4774, 4721-4726, 4731– 4736), or unless the information is requested in a particular case by such State licensing board or State agency or duly qualified representative thereof, for use in the enforcement of any State law or regulation or municipal ordinance relating to the granting, withholding, suspension, or revocation of State licenses. The Commissioner may also direct the attendance, as a witness, in hearings held by such boards or agencies, of any officer, agent, or employee of the Bureau of Narcotics, and the production of records or copies thereof, subject to the same limitations, so far as applicable, as provided in § 301.9 with respect to an inquiry or proceeding instituted by or before a grand jury, municipal magistrate, or State court. § 301.11

General.

Nothing contained in this subpart shall be construed to authorize the Commissioner to furnish information, or to direct the attendance of any officer, agent, or employee to testify, relative to the possession of or traffic in narcotic drugs in any case where the litigants are private parties or where the object of the prospective inquiry, proceeding, or hearing is other than that indicated in §§ 301.8301.10.

The Commissioner shall exercise sound discretion in executing the au

thority granted in this subpart to the end that no investigation being conducted at any time under his direct or indirect supervision shall be prejudiced by the premature disclosure of facts developed by the investigation. The Commissioner shall solicit the cooperation of appropriate State and municipal officers in arranging to execute the authority granted in this subpart in any given case, so that there shall be a minimum of interference with or interruption to the investigative duties of any officer or agent of the Bureau of Narcotics or with the duty of such officer or agent to present properly and promptly to Federal prosecuting attorneys, grand juries, and courts such cases as the Commissioner may direct.

for, and will be applied to, medical and legitimate uses only. An exception to so much of this rule as requires a formal permit may be made in the case of an emergency which, in the judgment of the Commissioner, so affects the welfare of all or a large proportion of the population as to justify such extraordinary action. No permit shall be granted for the importation of opium to be manufactured into heroin, its salts, derivatives, or preparations. No permit shall be granted for the importation of opium unless such opium has been produced in a country permitted such production by, and which has become a Party to, the 1953 Opium Protocol. No importation by mail shall be permitted.

CROSS REFERENCE: For importation of narcotic drugs for scientific purposes only see § 307.151 of this chapter.

[T.D. 70, 28 F.R. 3024, Mar. 28, 1963]

§ 302.2 Who may import.

In exercising the powers and discharging the duties conferred and imposed upon him by the act with respect to the importation of crude opium and coca leaves, the Commissioner shall take such action as in his opinion will effectuate the intent and purpose of the act; and pursuant to this policy, in determining whether any applicant shall be permitted to import such crude opium and coca leaves, the Commissioner shall consider the character and standing of the applicant, his production facilities and trade connections, whether there is reasonable probability that he will apply all crude opium and coca leaves imported and narcotic drugs manufactured by him to medical and legitimate purposes, whether he may serve the public interests by lowering costs or improving quality of narcotic drugs by the use of improved methods, or any other factors which the Commissioner deems appropriate to consider in carrying out the policy mentioned. In the case of new applicants the Commissioner shall also consider whether the allotments to them of shares in the amount of crude opium and coca leaves determined by him to be necessary for medical and legitimate uses would probably have the effect of so reducing or rendering uncertain the supply of crude opium and coca leaves available from year to year to manufacturers already engaged in the manufacture of narcotic drugs as to endanger the efficient administration of the Narcotic Drugs Import and Export Act.

§ 302.3 Application for permission to import.

Application for permission to import crude opium or coca leaves shall be made under oath on a form provided by the Treasury Department and forwarded to the Commissioner of Narcotics, Treasury Department, Washington 25, D. C. The application shall show, in the spaces provided thereon, the name of the crude material desired to be imported (i. e., crude opium or coca leaves), the number of bales or cases of such crude material, the maximum total pounds of such material, the total tentative allotment to the importer of such crude material for the current calendar year, the total number of pounds of said allotment for which permits have previously been issued, and the total quantity of crude material actually imported during the current year to date. Information under the three subheads last mentioned need only be shown with respect to the particular crude drug for which application for permission to import is being made. The application shall also show the following: The name and address of the consignor, if known at the time application is submitted, but if unknown at that time, the fact should be indicated and the name and address afterwards furnished to the Commissioner as soon as ascertained by the importer; the foreign port of exportation (i. e., the place where the article will begin its journey of exportation to the United States); the port of entry into the United States; the latest date said shipment will leave said foreign port; and the stock on hand of the kind of crude drug desired to be imported under the respective subheads provided. If the application is executed and forwarded before the 15th day of a given month the stock on hand may be shown as of the last day of the penultimate preceding month, but if the application is executed and forwarded on or after the 15th day of a given month the stock on hand must be shown as of the last day of the month immediately preceding.

§ 302.4 Alternative foreign ports.

If desired, alternative foreign ports of exportation within the same country may be indicated upon the application, thus, (a) Calcutta, (b) Bombay. If a formal permit is issued pursuant to such appliIcation it will bear the names of the two ports in the order given in the application and will authorize shipment from

either port. Alternate ports in different countries will not be authorized in the same permit.

[T. D. 54, Narcotic Regs. 2, 20 F. R. 8036, Oct. 26, 1955]

§ 302.5 Import permit.

The import permit shall be prepared in quintuplicate upon a form which has been approved by the Commissioner, but such permit shall not be valid unless signed by the Commissioner.

[Narcotic Regs. 2, 3 F. R. 1258, June 2, 1938, as amended by T. D. 54, 20 F. R. 8036, Oct. 26, 1955]

§ 302.6 Preparation of import permit.

Import permits shall be serially numbered, the five copies of a given permit all to bear the serial number of that permit. Each copy of the permit shall have printed or stamped thereon the disposition to be made thereof. Each permit shall bear a notation to the effect that the Commissioner is satisfied that the consignment proposed to be imported is required for legitimate purposes. Each permit shall also be dated and shall certify that the importer named thereon is thereby permitted under the provisions of the Narcotic Drugs Import and Export Act as amended, to import, through the port named, one shipment of not to exceed the specified quantity of crude opium or coca leaves, as the case may be, shipment to be made from a stated port before a specified date. All copies of import permits shall bear the signature of the Commissioner, and facsimiles of signatures shall not be used. All permits issued shall be entered in a register kept by the Commissioner for that purpose. No permit shall be altered or changed by any person after being signed by the Commissioner, and any change or alteration upon the face of any permit, after it shall have been signed by the Commissioner, shall render it void and of no effect. Permits are not transferable. [Narcotic Regs. 2, 3 F. R. 1258, June 2, 1938, as amended by T. D. 54, 20 F. R. 8036, Oct. 26, 1955]

§ 302.7 Effect of permit.

A permit duly signed and issued shall be authority to import, by the importer named thereon, one shipment only of not to exceed the maximum quantity of crude opium or coca leaves, as the case may be, specified on the permit, from a specified foreign port of export (see (§§ 302.3, 302.4), said shipment to be made on or before the date indicated for that pur

pose upon the permit. This date may, in the discretion of the Commissioner correspond with the date given on the application on the line labeled "Latest date shipment will leave above foreign port," but such date shall not be later than 4 months from the date permit is issued unless, for good cause shown, the Commissioner allows a longer period within which to make the shipment and so specifies on the permit. The maximum quantity of crude opium or coca leaves shall be stated on the permit in terms of pounds.

§ 302.8

Shipments in greater or less amount than that authorized.

(a) If the shipment made under the permit is greater than the maximum amount authorized to be imported under the permit as determined at the weighing by the customs officer, such difference shall be seized and forfeited to the Government.

(b) If the shipment made under the permit is less than the maximum amount authorized to be imported under the permit as determined at the weighing by the customs officer, such difference, when ascertained by the Commissioner shall be recredited to the tentative allotment against which the quantity covered by the permit was charged, and the balance of any such tentative allotment with any such recredits will remain available to the importer to whom made (unless previously revoked in whole or in part) for importations pursuant to such permit or permits as are requested and issued during the remainder of the calendar year to which the allotment is applicable. No permit shall be issued for importation of a quantity of crude opium or coca leaves as a charge against the tentative allotment for a given calendar year, after the close of such calendar year, unless for good cause shown, the Commissioner decides to make an exception in a proper case.

§ 302.9 Cancellation of permit.

A permit may be canceled after being issued, at the request of the importer, provided no shipment has been made thereunder. In the event that a permit is lost, the Commissioner may upon the production by the importer of satisfactory proof, by affidavit or otherwise, issue a duplicate permit. Nothing in this subpart shall affect the right, hereby re

If it is decided to approve an application for permission to import crude opium or coca leaves, an import permit shall be prepared in quintuplicate, each copy of which shall be signed by the Commissioner. The five copies of each permit are designated respectively as original, duplicate, triplicate, quadruplicate, quintuplicate. After being signed these copies shall be distributed and shall serve purposes as follows:

(a) The original copy, together with the quintuplicate copy, shall be transmitted to the importer, who will retain the quintuplicate copy on file as his record of authority for the importation, and he shall transmit the original copy of the permit to the foreign exporter. The foreign exporter will submit the original copy of the permit to the proper governmental authority in the exporting country, if required as a prerequisite to the issuance of an export authorization. This copy of the permit will accompany the shipment. Upon arrival of the imported merchandise the collector of customs at the port of entry will forward the original copy of the permit with the bill of lading to the appraiser for the port, who, after appraising the merchandise, will return the original copy of the permit to the Commissioner with a report on the reverse side of such original copy, showing the name of the port of importation, date prepared, net quantity and kind, and report of analysis of the merchandise entered.

(b) The duplicate copy shall be forwarded to the proper governmental authorities of the exporting country.

(c) An additional copy shall be forwarded to the collector of customs at the United States port of entry, which shall be the customs port of destination in the case of shipments transported under immediate transportation entries, in order that said collector may compare it with the original copy and the bill of lading upon arrival of the merchandise.

(d) The other copy of the permit shall be retained on file in the office of the Commissioner.

If a discrepancy is noted between corresponding items upon different copies of a permit bearing the same serial num