28 Cfr 0.130

§ 0.128b

28 CFR Ch. I (7–1–23 Edition)
tory, and any relevant interpretations
thereof.
(4) Coordinate with the relevant litigating components of the Department
to defend attorneys in any disciplinary
or other proceeding where it is alleged
that they failed to meet their ethical
obligations, provided that the attorney
made a good-faith effort to ascertain
the ethics requirements and made a
good-faith effort to comply with those
requirements.
(5) Serve as a liaison with the state
and federal bar associations in matters
relating to the implementation and interpretation of Section 530B, and
amendments and revisions to the various state ethics codes.
(6) Perform such other duties and assignments as deemed necessary from
time to time by the Attorney General
or the Deputy Attorney General.
(c) Nothing in this subpart shall be
construed as affecting the functions or
overriding the authority of the Office
of Legal Counsel as established by 28
CFR 0.25.

Claims Settlement Act of 1949, as
amended, (22 U.S.C. 1621–1645o); and to
determine claims of U.S. nationals and
organizations in territories of the
United States for damage and loss of
property as a result of military operations during World War II and claims
of U.S. military personnel and civilian
American citizens for having been held
in a captured status in specified areas
during World War II, the Korean conflict and the Vietnam conflict by the
War Claims Act of 1948, as amended (50
U.S.C. app. 2001–2017p).
§ 0.128b Regulations.
All rules of practice and regulations
applicable to the management of the
affairs of and the adjudication of
claims by the Foreign Claims Settlement Commission of the United States
are published in 45 CFR chapter V.

Subpart V–2—Professional
Responsibility Advisory Office

jspears on DSK121TN23PROD with CFR

SOURCE: Order No. 2791–2005, 70 FR 76164,
Dec. 23, 2005, unless otherwise noted.

Subpart W—Bureau of Alcohol,
Tobacco, Firearms, and Explosives

§ 0.129 Professional Responsibility Advisory Office.
(a) The Professional Responsibility
Advisory Office is headed by a Director
appointed by the Deputy Attorney
General. The Director shall be responsible to, and report directly to, the
Deputy Attorney General and shall be
a member of the Senior Executive
Service.
(b) The Professional Responsibility
Advisory Office shall:
(1) Advise Department of Justice attorneys on specific questions involving
professional responsibility, including
compliance with 28 U.S.C. 530b (‘‘Section 530B’’), which requires certain federal attorneys to comply with state
rules of ethics.
(2) Assist or support training and informational programs for Department
attorneys and client agencies concerning Section 530B and other professional responsibility requirements, including disseminating relevant and
timely information.
(3) Assemble, centralize and maintain
ethics reference materials, including
the codes of ethics of the District of
Columbia and every state and terri-

SOURCE: Order No. 2650–2003, 68 FR 4926,
Jan. 31, 2003, unless otherwise noted.

§ 0.130 General functions.
Subject to the direction of the Attorney General and the Deputy Attorney
General, the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives shall:
(a) Investigate, administer, and enforce the laws related to alcohol, tobacco, firearms, explosives, and arson,
and perform other duties as assigned
by the Attorney General, including exercising the functions and powers of
the Attorney General under the following provisions of law:
(1) 18 U.S.C. chapters 40 (related to
explosives), 44 (related to firearms), 59
(related to liquor trafficking), and 114
(related to trafficking in contraband
cigarettes);
(2) Chapter 53 of the Internal Revenue Code of 1986, 26 U.S.C. chapter 53
(related to certain firearms and destructive devices);
(3) Chapters 61 through 80, inclusive,
of the Internal Revenue Code of 1986, 26

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Department of Justice

§ 0.131

U.S.C. chapters 61–80, insofar as they
relate to activities administered and
enforced with respect to chapter 53 of
the Internal Revenue Code of 1986, 26
U.S.C. chapter 53;
(4) 18 U.S.C. 1952 and 3667, insofar as
they relate to liquor trafficking;
(5) 49 U.S.C. 80303 and 80304, insofar as
they relate to contraband described in
section 80302(a)(2) or 80302(a)(5); and
(6) 18 U.S.C. 1956 and 1957, insofar as
they involve violations of:
(i) 18 U.S.C. 844(f) or (i) (relating to
explosives or arson),
(ii) 18 U.S.C. 922(l) (relating to the illegal importation of firearms),
(iii) 18 U.S.C. 924(n) (relating to illegal firearms trafficking),
(iv) 18 U.S.C. 1952 (relating to traveling in interstate commerce in aid of
racketeering enterprises insofar as
they concern liquor on which Federal
excise tax has not been paid);
(v) 18 U.S.C. 2341–2346 (trafficking in
contraband cigarettes);
(vi) Section 38 of the Arms Export
Control Act, as added by Public Law
94–329, section 212(a)(1), as amended, 22
U.S.C. 2778 (relating to the importation
of items on the U.S. Munitions Import
List), except violations relating to exportation, in transit, temporary import, or temporary export transactions;
(vii) 18 U.S.C. 1961 insofar as the offense is an act or threat involving
arson that is chargeable under State
law and punishable by imprisonment
for more than one year; and
(viii) Any offense relating to the primary jurisdiction of Bureau of Alcohol,
Tobacco, Firearms, and Explosives that
the United States would be obligated
by a multilateral treaty either to extradite the alleged offender or to submit the case for prosecution if the offender were found within the territory
of the United States;
(b)(1) Investigate, seize, and forfeit
property involved in a violation or attempted violation within the investigative jurisdiction set out in paragraph
(a), under 18 U.S.C. 981 and 982;
(2) Seize, forfeit, and remit or mitigate the forfeiture of property in accordance with 21 U.S.C. 881 and applicable Department of Justice regulations.
(c) Subject to the limitations of 3
U.S.C. 301, exercise the authorities of
the Attorney General under section 38

of the Arms Export Control Act, 22
U.S.C. 2778, relating to the importation
of defense articles and defense services,
including those authorities set forth in
27 CFR part 47; and
(d) Perform any other function related to the investigation of violent
crime or domestic terrorism as may be
delegated to the Bureau of Alcohol, Tobacco, Firearms, and Explosives by the
Attorney General.
[Order No. 2650–2003, 68 FR 4926, Jan. 31, 2003,
as amended at 77 FR 51699, Aug. 27, 2012; AG
Order No. 3421–2014, 79 FR 12062, Mar. 4, 2014;
AG Order No. 3495–2015, 80 FR 9989, Feb. 25,
2015]

§ 0.131

Specific functions.

The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives
shall:
(a) Operate laboratories in support of
Bureau activities; provide, with or
without cost, technical and scientific
assistance, including expert testimony,
to Federal, State, or local agencies;
and make available the services of the
laboratories to foreign law enforcement agencies and courts under procedures agreed upon by the Secretary of
State and the Attorney General;
(b) Operate the National Explosives
Licensing Center to review applications for explosives licenses and permits; determine the eligibility of applicants; issue licenses and permits on approved explosives applications; coordinate with field offices the inspection of
applicants, licensees, and permittees;
and maintain an explosives license and
permit database;
(c) Operate the National Firearms Licensing Center to review applications
for firearms licenses; determine the eligibility of applicants; issue licenses on
approved firearms applications; coordinate with field offices the inspection of
applicants and licensees; and maintain
a firearms license database;
(d) Maintain and operate the National Firearms Registration and
Transfer Record (NFRTR), pursuant to
section 5841 of the Internal Revenue
Code of 1986, 26 U.S.C. 5841, as a registry of all National Firearms Act
(NFA) firearms in the United States
that are not in the possession or under
the control of the United States;

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