[Federal Register Volume 66, Number 56 (Thursday, March 22, 2001)]
[Notices]
[Pages 16035-16036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7131]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Refinery Industries, Inc.

    In the Matter of: Refinery Industries, Inc., 193 Route 46, Budd 
Lake, New Jersey 07828, Respondent.

Order

    The Office of Export Enforcement, Bureau of Export Administration, 
United States Department of Commerce (BXA), having notified Refinery 
Industries, Inc. (Refinery) of its intention to initiate an 
administrative proceeding against Refinery pursuant to section 13(c) of 
the Export Administration Act of 1979, as amended (50 U.S.C.A. app. 
2401-2420 (1991, Supp. 2000 and Pub. L. No. 106-508)) (the Act),\1\ and 
the Export Administration Regulations (currently codified at 15 CFR 
parts 730-774 (2000)) (the Regulations),\2\ based on allegations that, 
on or about May 5, 1998 and on or about August 10, 1998, Refinery 
attempted to export U.S.-origin Gastesters from the United States 
through Germany to Iran without obtaining the authorization required by 
section 746.7 of the Regulations, in violation of section 764.2(a) of 
the Regulations; and
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    \1\ During the time of the Act's lapse (August 20, 1994 through 
November 12, 2000), the President, through Executive Order 12924 (3 
CFR, 1994 Comp. 917 (1995)), which had been extended by successive 
Presidential Notices, the most recent being that of August 3, 2000 
(65 FR 48347, August 8, 2000), continued the Regulations in effect 
under the International Emergency Economic Powers Act (50 U.S.C.A. 
1701-1706 (1991 & Supp. 2000)).
    \2\ The Regulations governing the violations at issue are found 
in the 1998 version of the Code of Federal Regulations. Those 
Regulations are codified at 15 CFR parts 730-774 (1998) and, to the 
degree to which they pertain to this matter, are substantially the 
same as the 2000 version.
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    BXA and Refinery 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, a civil penalty of $22,000 is assessed against Refinery, 
which shall be paid to the U.S. Department of Commerce within 30 
days of the date of this Order. Payment shall be made in the manner 
specified in the attached instructions.
    Second, that, pursuant to the Debt Collection Act of 1982, as 
amended (31 U.S.C.A. Secs. 3701-3720E (1983 and Supp. 2000)), the 
civil penalty owed under this Order accrues interest as more fully 
described in the attached Notice, and, if payment is not made by the 
due date specified herein, Refinery will be assessed, in addition to 
interest, a penalty charge and an administrative charge, as more 
fully described in the attached Notice.
    Third, Refinery Industries, Inc., 193 Route 46, Budd Lake, New 
Jersey, and all of its successors and assigns, officers, 
representatives, agents and employees, may not, for a period of 10 
years from the date of this Order, participate, directly or 
indirectly, 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, License 
Exception, or export control document;
    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. Benefitting 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.
    Fourth, 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 
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.
    Fifth, that, after notice and opportunity for comment as 
provided in section 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.
    Sixth, that as authorized by section 766.18(c) of the 
Regulations, the last five years of the denial period set forth in 
paragraph Third shall be suspended for a period of five years 
beginning five years from the date of the entry of this Order and 
shall thereafter be waived, provided that during the period of 
suspension, Refinery has committed no violation of the Act or any 
regulation, order or license issued thereunder.
    Seventh, that the proposed Charging Letter, the Settlement 
Agreement, and this Order shall be made available to the public.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.



[[Page 16036]]


    Entered this 12th day of March, 2001.
Lisa A. Prager,
Acting Assistant Secretary for Export Enforcement.
[FR Doc. 01-7131 Filed 3-21-01; 8:45 am]
BILLING CODE 3510-DT-M