(a) An application may be denied or a certificate of registration revoked or suspended if:
- (1) The individual or entity, the responsible official, or an individual who owns or controls the entity is within any of the categories described in 18 U.S.C. 175b;
(2) The individual or entity, the responsible official, or an individual who owns or controls the entity is reasonably suspected by any Federal law enforcement or intelligence agency of:
- (i) Committing a crime set forth in 18 U.S.C. 2332b(g)(5); or
- (ii) Knowing involvement with an organization that engages in domestic or international terrorism (as defined in 18 U.S.C. 2331) or with any other organization that engages in intentional crimes of violence; or
- (iii) Being an agent of a foreign power as defined in 50 U.S.C. 1801;
- (3) The individual or entity does not meet the requirements of this part; 3 or
- (4) It is determined that such action is necessary to protect plant health or plant products.
(b) Upon revocation or suspension of a certificate of registration, the individual or entity must:
- (1) Immediately stop all use of each select agent or toxin covered by the revocation or suspension order;
- (2) Immediately safeguard and secure each select agent or toxin covered by the revocation or suspension order from theft, loss, or release; and
- (3) Comply with all disposition instructions issued by the Administrator for each select agent or toxin covered by the revocation or suspension.
- (c) Denial of an application for registration and revocation or suspension of registration may be appealed under § 331.20. However, any denial of an application for registration or revocation or suspension of a certificate of registration will remain in effect until a final agency decision has been rendered.
3 If registration is denied for this reason, we may provide technical assistance and guidance.