Other Fields
Agency Scheme: 
DOSARMSC0006
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Office of the Under Secty. for Arms Control and Int'l Security Affairs
Appeal Office (global name): 
Department of State: Office of the Under Secty. for Arms Control and Int'l Security Affairs
Sub-Agency/Bureau/Division:: 
Office of the Secretary of State
Appeal Officer #1 (Title): 
Under Secty. for Arms Control and Int'l Security Affairs
Appeal Officer #2 (Title): 
N/A
Comments/Notes on Adjudication Structure: 
Appellate review from final orders by the Assistant Secretary for Political-Military Affairs denying export privileges (e.g., debarment) or imposing civil penalties for violations of the Arms Export Control Act. (22 CFR 128.13). Bases for appeal are: final order not supported by substantial evidence; prejudicial error; or provisions of final order are arbitrary, capricious, or an abuse of discretion.
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Private Party
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Attorney
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Are ex parte contacts prohibited?: 
No
Regulations/rules of practice for appeal hearings (please include CFR citations): 
22 CFR 128.13
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected for appeals heard by this office?: 
By Agency
If "Depends on Nature of Case/Claim", please describe: 
The Under Secretary may, in his/her discretion, grant appellant the opportunity for oral argument. (22 CFR 128.13(e)(2))
How many appeal officers preside at each hearing?: 
One
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
No
Are appeal hearings recorded and/or transcribed?: 
No
Are appeal hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
If an oral hearing is held, then it is closed. This question is not applicable to document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Staff Attorney
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
If "Yes," please specify these time limit(s): 
Regulations relating to the timing of appeals decisions provide: "All appeals will be considered and decided within a reasonable period of time after they are filed."
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
No
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at this appellate office?: 
First-In/First-Out Basis
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
No
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
22 CFR 128.13(c)
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
ADJUDICATORS
Total # of Appeal Officers: 
1
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
Verified by Agency: 
Not verified