[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Notices]
[Pages 31504-31505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15743]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; ISP International Spare Parts
GmbH; Order
The Office of Export Enforcement, Bureau of Export Administration,
United States Department of Commerce (BXA), having notified ISP
International Spare Parts GmbH (``ISP'') 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.
Secs. 2401-2420 (1991 & Supp. 1996)) (the Act),\1\ and the Export
Administration Regulations (15 CFR Parts 768-799 (1995), as amended (61
FR 12714 (March 25, 1996)) (the Regulations),\2\ based on allegations
that:
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\1\ The Act expired on August 20, 1994. Executive Order 12924 (3
CFR, 1994 Comp. 917 (1995)), extended by Presidential Notice of
August 15, 1995 (50 FR 42767, August 17, 1995), continued the
Regulations in effect under the International Emergency Economic
Powers Act (50 U.S.C.A. Secs. 1701-1706 (1991 & Supp. 1996)).
\2\ The March 25, 1996 Federal Register publication redesignated
the existing Regulations as 15 CFR Parts 768A-799A. In addition, the
March 25 Federal Register publication restructured and reorganized
the Regulations, designating them as an interim rule at 15 CFR Parts
730-774, effective April 24, 1996.
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1. Between January 1991 and December 1992, ISP conspired with a
U.S. company to ship U.S.-origin fuel pumps to Libya, knowing that such
shipments were prohibited by the Regulations, in violation of Section
787.3(b) of the Regulations; and
2. On three separate occasions, on or about January 31, 1991, April
3, 1991, and December 5, 1992, ISP caused, aided or abetted the
reexport of U.S.-origin fuel pumps to Libya without the required
reexport authorization, in violation of Section 787.2 of the
Regulations;
BXA and ISP having entered into a Settlement Agreement pursuant to
Section 766.18(a) 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 Settlement Agreement having been approved by me;
It is therefore ordered:
First, that a civil penalty of $40,000 is assessed against ISP,
which shall be paid to BXA within 30 days of the date of entry of this
Order. Payment shall be made in the manner specified in the attached
instructions.
Second, that, for a period of ten years from the date of this
Order, ISP may not, directly or indirectly, participate in any way in
any transaction involving any commodity, software or technology
(hereinafter collectively referred to as ``item'') exported or to be
exported from the United States that is subject to the Regulations, or
in any other activity subject to the Regulations, including, but not
limited to:
A. Applying for, obtaining, or using any license,\3\ License
Exception, or export control document;
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\3\ For purposes of this Order, ``license'' includes any general
license established in 15 CFR Parts 768A-799A.
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B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the Regulations, or in any other
activity subject to the Regulations; or
C. Benefiting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the Regulations, or in any other activity subject to the Regulations.
Third, that no person may, directly or indirectly, do any of the
following:
A. Export or reexport to or on behalf of the denied person any item
subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by a denied person of the ownership, possession, or control
of any item subject to the Regulations that has been or will be
exported from the United States, including financing or other support
activities related to a transaction whereby a denied person acquires or
attempts to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the denied person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from the denied person in the United States any item
subject to the Regulations with knowledge or reason to know that the
item will be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the
Regulations that has been or will be exported from the United States
and that is owned, possessed or controlled by a denied person, or
service any item, of whatever origin, that is owned, possessed or
controlled by a denied person if such service involves the use of any
item subject to the Regulations that has been or will be exported from
the United States. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification or testing.
Fourth, that, after notice and opportunity for comment as provided
in Sec. 766.23 of the Regulations, any person, firm, corporation, or
business organization related to the denied person by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services may also be made subject to the provisions of
this Order.
Fifth, that as authorized by Sec. 766.18 of the Regulations, the
ten-year denial period set forth in paragraph SECOND above shall be
suspended for a period of three years beginning seven years from the
date of entry of this Order, and shall thereafter be waived, provided
that, during the period of suspension, ISP commits no violation of the
Act or any regulation, order or license issued thereunder.
Sixth, that this Order does not prohibit any export, reexport, or
other transaction subject to the Regulations where the only items
involved that are subject to the Regulations are the foreign-produced
direct product of U.S.-origin technology.
Seventh, that the proposed Charging Letter, the Settlement
Agreement, and this Order shall be made available to the public. A copy
of this Order shall be published in the Federal Register.
[[Page 31505]]
This Order, which constitutes the final agency action in this
matter, is effective immediately.
Entered this 11th day of June 1996.
John Despres,
Assistant Secretary for Export Enforcement.
[FR Doc. 96-15743 Filed 6-19-96; 8:45 am]
BILLING CODE 3510-DT-M