[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Notices]
[Pages 1746-1747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-773]



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DEPARTMENT OF COMMERCE

Action Affecting Export Privileges; Lasarray S.A.

Bureau of Export Administration
    In the Matter of: Lasarray S.A. Gottstattstrasse 24, CH-2504 
Biel, Switzerland, Respondent.

Order

    The Office of Export Enforcement, Bureau of Export Administration 
United States Department of Commerce (Department), having notified 
Lasarray S.A. (Lasarray) of its intention to initiate an administrative 
proceeding against it pursuant to Section 13(c) of the Export 
Administration Act of 1979, as amended (50 U.S.C.A. app. 
Sec. Sec. 2401-2420 (1991 and Supp. 1995)) (the Act),\1\ and Part 788 
of the Export Administration Regulations (currently codified at 15 
C.F.R. Parts 768-799 (1995)) (the Regulations), based on allegations 
that, during a period from on or about August 31, 1990 and continuing 
to on or about August 31, 1991, Lasarray, a Swiss company, reexported 
U.S.-origin base wafers from Switzerland to the then-Union of Soviet 
Socialist Republics without the reexport authorization required by 
Section 772.1(b) of the Regulations, in violation of Section 787.6 of 
the Regulations;

    \1\ The Act expired on August 20, 1994. Executive Order No. 
12924 (59 Fed. Reg. 43437, August 23, 1994), extended by 
Presidential Notice of August 15, 1995 (60 Fed Reg. 42767, August 
17, 1995), continued the Regulations in effect under the 
International Emergency Economic Powers Act (50 U.S.C.A. 
Sec. Sec. 1701-1706 (1991)).
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    The Department and Lasarray having entered into a Consent Agreement 
pursuant to Section 787.17(b) of the Regulations whereby they agreed to 
settle this matter in accordance with the terms and conditions set 
forth therein, and the terms of the Consent Agreement having been 
approved by me;
    It is therefore ordered,
    First, all outstanding individual validated licenses in which 
Lasarray 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 Lasarray'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, Lasarray S.A., Gottstattstrasse 24, CH-2504 Biel, 
Switzerland, and all its successors or assigns, and officers, 
representatives, agents, and employees, whenever acting within the 
scope of their employment with Lasarray, shall, for a period of two 
years from the date of this Order, 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, participation, 
either in the United States or abroad, shall include participation, 
directly of 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 Lasarray 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 Export Licensing, 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 the proposed Charging Letter, the Consent Agreement, 
and this Order shall be made available to the public. A copy of this 
Order shall be published in the Federal Register.
    This Order is effective immediately.


[[Page 1747]]

    Entered this 11th day of January, 1996.
John Despres,
Assistant Secretary for Export Enforcement.
[FR Doc. 96-773 Filed 1-22-96; 8:45 am]
BILLING CODE 3510-DT-M