[Federal Register Volume 69, Number 159 (Wednesday, August 18, 2004)]
[Notices]
[Pages 51232-51233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18876]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 03-BIS-07]


Action Affecting Export Privileges; Aura Ltd.

Order

    The Bureau of Industry and Security, United States Department of 
Commerce (``BIS'') having initiated an administrative proceeding 
against Aura Ltd. (``Aura'') pursuant to section 766.3 of the Export 
Administration Regulations (currently codified at 15 CFR parts 730-774 
(2004)

[[Page 51233]]

(``Regulations''),\1\ and section 13(c) of the Export Administration 
Act of 1979, as amended (50 U.S.C. app. sections 2401-2420 (2000)) 
(``Act''),\2\ based on the amended charging letter issued to Aura that 
alleged that Aura committed five violations of the Regulations. 
Specifically, the charges are:
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    \1\ The violations charged occurred between 1999 and 2000. The 
Regulations governing the violations at issue are found in the 1999 
and 2000 versions of the Code of Federal Regulations (15 CFR parts 
730-774 (1999-2000)). The 2004 Regulations establish the procedures 
that apply to this matter.
    \2\ 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 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. Since August 21, 2001, 
the Act has been in lapse and the President, through Executive Order 
13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), as extended 
by the Notice of August 7, 2003 (3 CFR, 2003 Comp. 328 (2004)), has 
continued the Regulations in effect under the IEEPA.
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    1. Five Violations of 15 CFR 764.2(b)--Aiding and Abetting an 
Export in Violation of the Regulations: Between on or about June 2, 
1999 and on or about March 22, 2000, Aura aided and abetted the export 
of bone densitometer equipment items subject to the Regulations and the 
Iran Transactions Regulations, from the United States to Iran without 
prior authorization from the Office of Foreign Assets Control, U.S. 
Department of the Treasury, as required in Section 746.7 of the 
Regulations. Aura aided and abetted the illegal exports by 
transshipping the items from the United Kingdom to Iran to complete 
their shipment from the United States.
    BIS and Aura having entered into a Settlement Agreement pursuant to 
Section 766.18(b) of the Regulations whereby they agreed to settle this 
manner 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 two years from the date of entry of 
this Order, Aura Ltd., 39 Rushdon Rd., Milton Ernest, Bedford, 
Bedfordshire, MK44 1RU, United Kingdom, its successors or assigns, and 
when acting for or on behalf of Aura, its officers, representatives, 
agents, or employees (``Denied Person'') 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. 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.
    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;
    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, 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;
    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 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. 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 Aura 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 the 
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 a copy of this Order shall be delivered to the United 
States Coast Guard ALJ Docketing Center, 40 Gay Street, Baltimore, 
Maryland 21202-4022, notifying the office that this case is withdrawn 
from adjudication, as provided by Section 766.18 of the Regulations.
    Sixth, that the 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 12th day of August 2004.
Julie L. Myers,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 04-18876 Filed 8-17-04; 8:45 am]
BILLING CODE 3510-DT-M