[Federal Register Volume 60, Number 122 (Monday, June 26, 1995)]
[Notices]
[Pages 32940-32942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15587]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
[Docket Nos. 5109-01, 5109-02, 5110-01, 5110-02, 5110-03]
Decision and Order
In the Matter of: Sidhartha Bose, also known as Dr. Bose
individually and doing business as Perfect Technologies, Ltd. with
an address at 211 Golders Green Road, London, NW11 9BY, England and
Thirunavukkarasu Ragunathan individually and doing business as W.K.
Agencies and as Computer Focus Services Pte. Ltd. with an address at
18 Jalan Kechil, #06-22 Eastern Mansion, Singapore 1543, Respondents
On May 31, 1995, the Administrative Law Judge (ALJ) entered his
Recommended Decision and Default Order in the above-referenced matters.
The Recommended Decision and Default Order, a copy of which is attached
hereto and made a part hereof, has been referred to me for final
action. After describing the facts of the case and his findings based
on those facts, the ALJ found that the Respondents had violated
Sections 787.3(a) and 787.3(b) of the Export Administration Regulations
(EAR) by conspiring with others to bring about acts that constituted
violations of the EAR, by exporting or attempting to export U.S.-origin
computers or computer parts from the United States, either directly or
through Canada and/or Singapore, for ultimate destination in the then-
Union of Soviet Socialist Republics, without the validated export
licenses required by Section 772.1 of the EAR.
The ALJ found that the appropriate penalty for the violations
should be that the Respondents and all successors, assignees, officers,
representatives, agents and employees be denied for a period of ten
years from this date all privileges of participating, directly or
indirectly, in any manner or capacity, in any transaction in the United
States or abroad involving commodities or technical data exported or to
be exported from the United States and subject to the Export
Administration Regulations.
Based on my review of the entire record, I affirm the Recommended
Decision and Default Order of the Administrative Law Judge.
This constitutes final agency action in this matter.
Dated: June 16, 1995.
William A. Reinsch,
Under Secretary for Export Administration.
Recommended Decision and Default Order
On July 20, 1994, the Office of Export Enforcement, Bureau of
Export Administration, United States Department of Commerce
(Department), issued separate charging letters initiating
administrative proceedings against Sidhartha Bose, also known as Dr.
Bose, individually and doing business as Perfect Technologies, Ltd.;
and Thirunavukkarasu Ragunathan, individually and doing business as
W.K. Agencies and as Computer Focus Services Pte. Ltd. (hereinafter
``Bose'' or ``Ragunathan'' or collectively referred to as respondents).
Each charging letter alleged that the named respondent committee two
violations of the Export Administration Regulations (currently codified
at 15 CFR Parts 768-799 (1995)) (the Regulations),\1\ issued
[[Page 32941]] pursuant to the Export Administration Act of 1979, as
amended (currently codified at 50 U.S.C.A. app. Secs. 2401-2420 (1991,
Supp. 1993, and Pub. L. No. 103-277, July 5, 1994)) (the Act).\2\
\1\The alleged violations occurred between 1987 and 1989. The
Regulations governing the violations are found in the 1987 version
of the Code of Federal Regulations, codified at 15 CFR Parts 368-399
(1987); the 1988 version of the Code of Federal Regulations,
codified at 15 CFR Parts 368-399 (1988); and the 1989 version of the
Code of Federal Regulations, codified at 15 CFR Parts 768-799
(1989). Effective October 1, 1988, the Regulations were redesignated
as 15 CFR Parts 768-799 (53 FR 37751, September 28, 1988). The
transfer merely changed the first number of each Part from ``3'' to
``7.''
\2\The Act expired on August 20, 1994. Executive Order 12924 (59
FR 43437, August 23, 1994) continued the Regulations in effect under
the International Emergency Economic Powers Act (50 U.S.C.A. 1701-
1706 (1991)).
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Specifically, each charging letter alleged that the named
respondents conspired with a network of business associates to bring
about acts that constituted violations of the Regulations. The purpose
of the conspiracy was to acquire U.S.-origin computers or computer
parts which the conspirators would then export, or attempt to export,
from the United States, either directly or through Canada, to India
and/or Singapore, for ultimate destination in the then-Union of Soviet
Socialist Republics (U.S.S.R.), without the validated export licenses
required by Section 772.1 of the Regulations. Accordingly, the
Department alleged that each respondent committed one violation of
Section 787.3(a) and one violation of Section 787.3(b) of the
Regulations.
On April 19, 1995, in light of the fact that neither Bose nor
Ragunathan had answered the charging letter in accordance with the
requirements of Section 788.7 of the Regulations, I ordered the
Department to file separate default submissions, together with
supporting evidence for the allegations made, by May 19, 1995. Because
the two actions arose out of the same transactions or occurrences and
the evidence supporting the Department's allegations in both cases is
substantially the same, the Department moved on May 9, 1995 that I
consolidate the proceedings and authorize the Department to file a
single default submission. On May 10, 1995, I granted the Department's
request. On May 18, 1995, the Department requested and I granted
permission for the Department to file its default submission on or
before May 24, 1995.
On the basis of the Department's submission and all of the
supporting evidence presented, I have determined that Bose and
Ragunathan violated Sections 787.3(a) and 787.3(b) of the Regulations
by conspiring with others to bring about acts that constituted
violations of the Regulations, by exporting or attempting to export
from the United States, either directly or through Canada, to India
and/or Singapore, for ultimte destination in the then-U.S.S.R. without
the validated export licenses, as the Department alleges.
For those violations, the Department urges as a sanction that
respondent's export privileges be denied for 10 years. I concur in the
Department's recommendation.
Accordingly, it is therefore ordered,
First, that all outstanding individual validated licenses in which
Sidhartha Bose, also known as Dr. Bose, individually and doing business
at Perfect Technologies, Ltd., or Thirunavukkarasu Ragunathan,
individually and doing business as W.K. Agencies and as Computer Focus
Services, Pte. Ltd., appears or participates, in any manner or
capacity, are hereby revoked and shall be returned forthwith to the
Office of Exporter Services for cancellation. Further, all of Bose and
Ragunathan's privileges of participating, in any manner or capacity, in
any special licensing procedure, including, but not limited to,
distribution licenses, are hereby revoked.
Second, Sidhartha Bose, also known as Dr. Bose, individually and
doing business as Perfect Technologies, Ltd., with an address at 211
Golders Green Road, London, NW11 9BY, England; and Thirunavukkarasu
Ragunathan, individually and doing business as W.K. Agencies and as
Computer Focus Services Pte. Ltd, with an address at 18 Jalan Kechil,
#06-22 Eastern Mansion, Singapore 1543 (collectively referred to as
``Bose and ``Ragunathan''), and all successors, assigns, officers,
representatives, agents, and employees, assigns, officers,
representatives, agents, and employees, shall, for a period of 10 years
from the date of final agency action, be denied all privileges of
participating, directly or indirectly, in any manner or capacity, in
any transaction in the United States or abroad involving any commodity
or technical data exported or to be exported from the United States,
and subject to the Regulations.
A. Without limiting the generality of the foregoing, participating,
either in the United States or abroad, shall include participation,
directly or indirectly, in any manner or capacity: (i) as a party or as
a representative of a party to any export license application submitted
to the Department; (ii) in preparing or filing with the Department any
export license application or request for reexport authorization, or
any document to be submitted therewith; (iii) in obtaining from the
Department or using any validated or general export license, reexport
authorization, or other export control document; (iv) in carrying on
negotiations with respect to, or in receiving, ordering, buying,
selling, delivering, storing, using, or disposing of, in whole or in
part, any commodities or technical data exported or to be exported from
the United States and subject to the Regulations; and (v) in financing,
forwarding, transporting, or other servicing of such commodities or
technical data.
B. After notice and opportunity for comment as provided in Section
788.3(c) of the Regulations, any person, firm, corporation, or business
organization related to either Bose or Ragunathan by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services may also be subject to the provisions of this
Order.
C. As provided by Section 787.12(a) of the Regulations, without
prior disclosure of the facts to and specific authorization of the
Office of Exporter Services, in consultation with the Office of Export
Enforcement, no person may directly or indirectly, in any manner or
capacity: (i) Apply for, obtain, or use any license, Shipper's Export
Declaration, bill of lading, or other export control document relating
to an export or reexport of commodities or technical data by, to, or
for another person then subject to an order revoking or denying his
export privileges or then excluded from practice before the Bureau of
Export Administration; or (ii) order, buy, receive, use, sell, deliver,
store, dispose of, forward, transport, finance, or otherwise service or
participate: (a) in any transaction which may involve any commodity or
technical data exported or to be exported from the United States; (b)
in any reexport thereof; or (c) in any other transaction which is
subject to the Export Administration Regulations, if the person denied
export privileges may obtain any benefit or have any interest in,
directly or indirectly, any of these transactions.
Third, that a copy of this Order shall be served on Bose and
Ragunathan and on the Department.
Fourth, that this Order, as affirmed or modified, shall become
effective upon entry of the final action by the Under Secretary for
Export Administration, in accordance with the Act (50 U.S.C.A. app.
Sec. 2412(c)(1)) and the Regulations (15 CFR 788.23).
[[Page 32942]] To be considered in the 30 day statutory review
portion which is mandated by Section 13(c) of the Act, submissions
must be received in the Office of the Under Secretary for Export
Administration, U.S. Department of Commerce, 14th & Constitution
Ave., N.W., Room 3898B, Washington, D.C., 20230, within 12 days.
Replies to the other party's submission are to be made within the
following 8 days. 15 CFR 788.23(b), 50 FR 53134(1985). Pursuant to
Section 13(c)(3) of the Act, the order of the final order of the
Under Secretary may be appealed to the U.S. Court of Appeals for the
District of Columbia within 15 days of its issuance.
Dated: May 31, 1995.
Edward J. Kuhlmann,
Administrative Law Judge.
[FR Doc. 95-15587 Filed 6-23-95; 8:45 am]
BILLING CODE 3510-DT-M