131
(3) COURT
APPEALS.—An order of the Sec-
retary affirming, in whole or in part, the issuance or
renewal of a temporary denial order may, within 15
days after the order is issued, be appealed by a per-
son subject to the order to the United States Court
of Appeals for the District of Columbia Circuit,
which shall have jurisdiction of the appeal. The
court may review only those issues necessary to de-
termine whether the issuance of the temporary de-
nial order was based on reasonable cause to believe
that the person subject to the order was engaged in
or was about to engage in any act or practice which
constitutes or would constitute a violation of this
title, or any regulation, order, or license issued
under this title, or if a criminal indictment has been
returned against the person subject to the order al-
leging a violation of this title or any of the statutes
listed in section 110(f). The court shall vacate the
Secretary’s order if the court finds that the Sec-
retary’s order is arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law.
SEC. 113. ENFORCEMENT.
(a) GENERAL AUTHORITY AND DESIGNATION.—
(1) POLICY
GUIDANCE
ON
ENFORCEMENT.—
The Secretary, in consultation with the Secretary of
132
the Treasury and the heads of other appropriate de-
partments and agencies, shall be responsible for pro-
viding policy guidance on the enforcement of this
title.
(2) GENERAL AUTHORITIES.—(A) To the extent
necessary or appropriate to the enforcement of this
title or to the imposition of any penalty, forfeiture,
or liability arising under the Export Administration
Act of 1979, officers or employees of the Depart-
ment of Commerce designated by the Secretary and
officers and employees of the United States Customs
Service designated by the Commissioner may exer-
cise the enforcement authorities described in para-
graph (3).
(B) In carrying out the enforcement authorities
described in paragraph (3), the Commissioner of
Customs, and employees of the United States Cus-
toms Service designated by the Commissioner, may
make investigations within or outside the United
States and at those ports of entry or exit from the
United States where officers of the United States
Customs Service are authorized by law to carry out
such enforcement responsibilities. Subject to para-
graph (3), the United States Customs Service is au-
thorized, in the enforcement of this title, to search,
133
detain (after search), and seize commodities or tech-
nology at those ports of entry or exit from the Unit-
ed States where officers of the Customs Service are
authorized by law to conduct such searches, deten-
tions, and seizures, and at those places outside the
United States where the Customs Service, pursuant
to agreements or other arrangements with other
countries, is authorized to perform enforcement ac-
tivities.
(C) In carrying out the enforcement authorities
described in paragraph (3), the Secretary, and offi-
cers and employees of the Department of Commerce
designated by the Secretary, may make investiga-
tions within the United States, and shall conduct,
outside 
the 
United 
States, 
prelicense 
and
postshipment verifications of items licensed for ex-
port and investigations in the enforcement of section
108. The Secretary, and officers and employees of
the Department of Commerce designated by the Sec-
retary, are authorized to search, detain (after
search), and seize items at those places within the
United States other than those ports specified in
subparagraph (B). The search, detention (after
search), or seizure of items at those ports and places
specified in subparagraph (B) may be conducted by
134
officers and employees of the Department of Com-
merce only with the concurrence of the Commis-
sioner of Customs or a person designated by the
Commissioner.
(D) The Secretary and the Commissioner of
Customs may enter into agreements and arrange-
ments for the enforcement of this title, including for-
eign investigations and information exchange.
(3) SPECIFIC AUTHORITIES.—(A) Any officer or
employee designated under paragraph (2) may do
the following in carrying out the enforcement au-
thority under this title:
(i) Make investigations of, obtain informa-
tion from, make inspection of any books,
records, or reports (including any writings re-
quired to be kept by the Secretary), premises,
or property of, and take the sworn testimony of,
any person.
(ii) Administer oaths or affirmations, and
by subpoena require any person to appear and
testify or to appear and produce books, records,
and other writings, or both. In the case of con-
tumacy by, or refusal to obey a subpoena issued
to, any such person, a district court of the
United States, on request of the Attorney Gen-
135
eral and after notice to any such person and a
hearing, shall have jurisdiction to issue an order
requiring such person to appear and give testi-
mony or to appear and produce books, records,
and other writings, or both. Any failure to obey
such order of the court may be punished by
such court as a contempt thereof. The attend-
ance of witnesses and the production of docu-
ments provided for in this clause may be re-
quired from any State, the District of Colum-
bia, or in any territory of the United States at
any designated place. Witnesses subpoenaed
under this subsection shall be paid the same
fees and mileage as are paid witnesses in the
district courts of the United States.
(B)(i) Any officer or employee of the Office of
Export Enforcement of the Department of Com-
merce who is designated by the Secretary under
paragraph (2), and any officer or employee of the
United States Customs Service who is designated by
the Commissioner of Customs under paragraph (2),
may do the following in carrying out the enforce-
ment authority under this title:
(I) Execute any warrant or other process
issued by a court or officer of competent juris-
136
diction with respect to the enforcement of this
title.
(II) Make arrests without warrant for any
violation of this title committed in his or her
presence or view, or if the officer or employee
has probable cause to believe that the person to
be arrested has committed, is committing, or is
about to commit such a violation.
(III) Carry firearms.
(ii) Officers and employees of the Office of Ex-
port Enforcement designated by the Secretary under
paragraph (2) shall exercise the authorities set forth
in clause (i) pursuant to guidelines approved by the
Attorney General.
(C) Any officer or employee of the United
States Customs Service designated by the Commis-
sioner of Customs under paragraph (2) may do the
following in carrying out the enforcement authority
under this title:
(i) Stop, search, and examine a vehicle,
vessel, aircraft, or person on which or whom the
officer or employee has reasonable cause to sus-
pect there is any item that has been, is being,
or is about to be exported from or transited