[Federal Register Volume 66, Number 58 (Monday, March 26, 2001)]
[Notices]
[Pages 16442-16443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7387]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Optical Associates, Inc.

In the Matter of: Optical Associates, Inc., 1425 McCandless Drive, 
Milpitas, California 95035, Respondent

Order

    The Office of Export Enforcement, Bureau of Export Administration, 
United States Department of Commerce (BXA), having notified Optical 
Associates, Inc. (OAI) 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. 2000)) (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 December 2, 
1998, OAI exported a U.S.-origin Mask Aligner and parts from the United 
States to Bhaba Atomic Research Center (BARC), an entity on the 
Department of Commerce Entity List, Supplement No. 4 to Part 744 of the 
Regulations, without obtaining a Department of Commerce license as 
required by section 744.11 of the Regulations, in violation of section 
764.2(a) of the Regulations, and;
    BXA and OAI 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;
---------------------------------------------------------------------------

    \1\ The Act expired on August 20, 1994. Executive Order 12924 (3 
CFR, 1994 Comp. 917 (1995)), which has been extended by successive 
Presidential Notices, the most recent being that of August 3, 2000 
(64 FR 48347, August 8, 2000), continued the Regulations in effect 
under the International Emergency Economic Powers Act (50 U.S.C.A. 
Secs. 1701-1706 (1991 & Supp. 2000)). The Act was reauthorized on 
November 13, 2000. See Pub. L. No. 106-508.
    \2\ The violation at issued occurred in 1998. The Regulations 
governing the violation at issue are codified at 15 CFR Parts 730-
744 (1998), and to the degree to which they pertain to this matter, 
are substantially the same as the 2000 version of the Regulations.
---------------------------------------------------------------------------

It Is Therefore Ordered

    First, that, for a period of three years from the date of this 
Order, Optical, Associates, Inc., 1425 McCandless Drive, Milpitas, 
California, 95035, and all of its successors or assigns, officers, 
representatives, agents, and employees, may not participate, directly 
or indirectly, in any way in any transaction involving any commodity, 
software, or

[[Page 16443]]

technology (hereinafter collectively referred to as ``item'') that is 
subject to the Regulations and that is exported or to be exported from 
the United States to India, or in any other activity subject to the 
Regulations that involves India, 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 that is subject to the Regulations 
and that is exported or to be exported from the United States to India, 
or in any other activity subject to the Regulations that involves 
India; or
    C. Benefiting in any way from any transaction involving any item 
exported or to be exported from the United Stats to India that is 
subject to the Regulations, or in any other activity subject to the 
Regulations that involves India.
    Second, 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 to India;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the 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 to India, including financing or other 
support activities related to a transaction whereby the 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 to India;
    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 to 
India; 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 to 
India, and which is owned, possessed or controlled by the denied 
person, or service any item, of whatever origin, that is owned, 
possessed or controlled by the 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 to India. For purposes of this 
paragraph, servicing means installation, maintenance, repair, 
modification or testing.
    Third, 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.
    Fourth, 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.
    Fifth, 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.

    Entered this 15th day of March, 2001.
Lisa A. Prager,
Acting Assistant Secretary for Export Enforcement.
[FR Doc. 01-7387 Filed 3-23-01; 8:45 am]
BILLING CODE 3510-DT-M