[Federal Register Volume 68, Number 230 (Monday, December 1, 2003)]
[Notices]
[Pages 67149-67150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29783]


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DEPARTMENT OF COMMERCE

[Docket No. 02-BIS-10]


Bureau of Industry and Security

    In the Matter of: Metal & Mineral Trade Sarl. Rue Pierre 
D'Aspelt, 1142 Luxembourg, Luxembourg, Respondent.

Order

    The Bureau of Industry and Security, United States Department of 
Commerce (``BIS''), having initiated an administration proceeding 
against Metal & Mineral Trade Sarl. (``MMT'') pursuant to section 13(c) 
of the Export Administration Act of 1979, as amended (50 U.S.C. app. 
2401-2420 (2000)) (``Act''),\1\ and the Export Administration 
Regulation (currently codified at 15 CFR parts 730-774 (2003)) 
(``Regulations''),\2\ based on allegations in a charging letter issued 
to MMT that alleged that MMT committed six violations of the 
Regulations, specifically that MMT committed violations of the 
Regulations by aiding and abetting the export of items from the United 
States to Iran without the required authorization from the Office of 
Foreign Assets Control, Department of the Treasury, as required by the 
Regulations on two occasions; by causing the export of items from the 
United States to Iran without the required authorization from the 
Office of Foreign Assets Control, Department of the Treasury, as 
required by the Regulation on three occasions; and by acting with 
knowledge of a violation of the Regulations on one occasion; and
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    \1\ From August 21, 1994 through November 12, 2000, the Act was 
in lapse. During that period, the President, through Executive Order 
12924, which had been extended by successive Presidential Notices, 
the last of which was issued on August 3, 2000 (3 CFR, 2000 Comp. 
397 (2001)), continued the Regulations in effect under the 
International Emergency Economic Powers Act (50 U.S.C. 1701-1706 
(2000)) (IEEPA). On November 13, 2000, the Act was reauthorized and 
it remained in effect through August 20, 2001. The Act expired on 
August 20, 2001. Executive Order 13222 of August 17, 2001 (3 CFR, 
2001 Comp., p. 783 (2002)), which has been extended by successive 
Presidential Notices, the most recent being that of August 7, 2003 
(68 FR Reg. 47833, August 11, 2003), continues the Regulations in 
effect under IEEPA.
    The Regulations are currently codified in the Code of Federal 
Regulations at 15 CFR Parts 730-774 (2003). The violations charged 
occurred from 1999 to 2002. The Regulations governing the violations 
are codified at 15 CFR parts 730-774 (1999-2002). They are 
substantially the same as the 2003 version of the Regulations which 
govern the procedural aspects of this case.
    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2003). The violations 
charged occurred from 1999 to 2002. The Regulations governing the 
violations are codified at 15 CFR parts 730-774 (1999-2002). They 
are substantially the same as the 2003 version of the Regulations 
which govern the procedural aspects of this case.
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    BIS and MMT having entered into a Settlement Agreement pursuant to

[[Page 67150]]

section 766.18(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 Settlement Agreement having been approved by me; 
It is Therefore Ordered:
    First, that, for a period of five years from the date of this Order 
(hereinafter the ``Denial Deriod''), Metal & Mineral Trade Sarl., Rue 
Pierre D'Aspelt, 1142 Luxembourg, Luxembourg, shall be denied its U.S. 
export privileges as described herein. MMT, and all of its successors, 
assigns, officers, representatives, agents, and employees, may not 
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. Apply 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. 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.
    Second, that, during the Denial Period, no person may, directly or 
indirectly, do any of the following:
    A. Export or reexport to or on behalf of a person subject to this 
Order any item subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by a person subject to this Order 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 person 
subject to this order 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 a person subject to this Order of any 
item subject to the Regulations that has been exported from the United 
States;
    D. Obtain from a person subject to this Order 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 which is owned, possessed or controlled by a person subject to this 
Order, or service any item, of whatever origin, that is owned, 
possessed or controlled by a person subject to this Order 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.
    Third, that after notice and opportunity for comment as provided in 
section 766.23 of the Regulations, any other 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, as authorized by section 766.18(c) of the Regulations, 
the final three years of the Denial Period set forth above shall be 
suspended for five years from the date of entry of this Order, and 
shall thereafter be waived, provided that, during the period of 
suspension, MMT has not committed a violation of the Act or any 
regulation, license, or order, including this Order, issued thereunder.
    Sixth, that a civil penalty of $35,000 is assessed against MMT 
which shall be paid to the U.S. Department of Commerce within thirty 
days from the date of entry of this Order. Payment shall be made in the 
manner specified in the attached instructions.
    Seventh, that, pursuant to the Debt Collection Act of 1982, as 
amended (31 U.S.C. 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, MMT will be assessed, in addition to the full amount of the 
civil penalty and interest, a penalty charge and an administrative 
charge, as more fully described in the attached Notice.
    Eighth, that the timely payment of the civil penalty set forth 
above is hereby made a condition to the granting, restoration, or 
continuing validity of any export license, license exception, 
permission, or privilege granted, or to be granted, to MMT.
    Ninth, that the charging letter, the Settlement Agreement, and this 
Order shall be made available to the public.
    Tenth, that a copy of this Order shall be delivered to the 
Honorable Edwin M. Bladen, Administrative Law Judge, United States 
Coast Guard, 915 Second Avenue, Room 3448, Jackson Federal Building, 
Seattle, Washington 98174; and to the United States Coast Guard ALJ 
Docketing Center, 40 Gay Street, Baltimore, Maryland 21202-4022, 
providing notification that case number 02-BIS-10 naming MMT as a 
respondent is withdrawn from adjudication, as provided by Sec.  
766.18(b) of the Regulations.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.

    Entered this 17th day of November, 2003.
Julie L. Myers,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 03-29783 Filed 11-28-03; 8:45 am]
BILLING CODE 3510-DT-M