[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Notices]
[Pages 12168-12169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2238]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Graneshawar K. Rao; In the 
Matter of: Mr. Graneshawar K. Rao, Orcas International, Inc., 230 U.S. 
Highway 206, Suite 3, Flanders, NJ 07838; Respondent

Order

    The Bureau of Industry and Security, U.S. Department of Commerce 
(``BIS'') has notified Graneshawar K. Rao (hereinafter referred to as 
``K.G. Rao'') of its intention to initiate an administrative proceeding 
against K.G. Rao pursuant to Section 766.3 of the Export Administration 
Regulations (currently codified at 15 CFR parts 730-774 (2005)) 
(``Regulations'') \1\ and Section 13(c) of the Export Administration 
Act of 1979, as amended (50 U.S.C. app. Sec. Sec.  2401 2420 (2000)) 
(``Act''),\2\ by issuing a proposed charging letter to K.G. Rao that 
alleged that K.G. Rao committed two violations of the Regulations. 
Specifically, the charges are:
---------------------------------------------------------------------------

    \1\ The violations charged occurred in 2000 through 2002. The 
regulations governing the violations at issue are found in the 2000 
through 2002 versions of the Code of Federal Regulations (15 CFR 
parts 730-774 (2000-2002)). The 2005 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 has 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)), which has 
been extended by successive presidential notices, the most recent 
being that of August 2, 2005 (70 FR 45273 (August 5, 2005)), has 
continued the Regulations in effect under the IEEPA.
---------------------------------------------------------------------------

    1. One Violation of 15 CFR 764.2(d)--Conspiracy to Export Toxins to 
North Korea Without the Required License: Beginning in or about late 
2000 and continuing into or about September 2002, K.G. Rao conspired 
and acted in concert with others, known and unknown, to export toxins 
from the United States to North Korea without the required Department 
of Commerce license. The goal of the conspiracy was to obtain toxins, 
including Aflatoxin (M1, P1, Q1) and Staphyloccocal Enterotoxin (A and 
B), items subject to the Regulations and classified under export 
control classification number (``ECCN'') 1C351, on behalf of a North 
Korean end-user and to export those toxins to North Korea. In 
furtherance of the conspiracy, K.G. Rao acquired the toxins from a U.S. 
company and then attempted to export them from the United States to a 
co-conspirator in the Netherlands who was to complete the export to 
North Korea. Contrary to Section 742.2 of the Regulations, no 
Department of Commerce license was obtained for the export of toxins 
from the United States to North Korea.
    2. One Violation of 15 CFR 764.2(b)--Attempting to Export Toxins 
Without the Required License: On or about September 12, 2002, K.G. Rao 
attempted to export toxins, including Aflatoxin (M1, P1, Q1) and 
Staphyloccocal Enterotoxin (A and B), items subject to the Regulations 
and classified under ECCN 1C351, from the United States to North Korea 
without obtaining an export license from the Department of Commerce as 
required by Section 742.2 of the Regulations.
    Whereas, BIS and K.G. Rao have entered into a Settlement Agreement 
prusuant 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
    Whereas, I have approved the terms of such Settlement Agreement;
    It is therefore ordered:
    First, that for a period of four years from the date of entry of 
this Order, Mr. Graneshawar K. Rao, of Orcas International, Inc., 230 
U.S. Highway 206, Suite 3, Flanders, NJ 07836, and when acting for or 
on behalf of him, his representatives, agents, assigns or

[[Page 12169]]

employees (``Denied Person'') 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 
specified on the Commerce Control List (``Control List'') \3\, or in 
any other activity that is subject to the Regulations involving an item 
that is specified on the Control List, including, but not limited to:
---------------------------------------------------------------------------

    \3\ The Commerce Control List is set forth in Supp. 1 to Part 
774 of the Regulations. ``EAR99'' items are subject to the 
Regulations but not ``specified'' on the Control List. See 15 CFR 
774.1.
---------------------------------------------------------------------------

    A. Applying for, obtaining, or using any license, License 
Exception, or export control document in connection with an item that 
is specified on the Control List;
    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 specified on the Control List, or in any other 
activity subject to the Regulations involving an item that is specified 
on the Control List; or
    C. Benefiting in any way from any transaction involving any item 
exported or to be exported from the United States that is specified on 
the Control List, or in any other activity subject to the Regulations 
involving an item that is specified on the Control List.
    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 
specified on the Control List;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Denied Person of the ownership, possession, or 
control of any item specified on the Control List 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 specified 
on the Control List that has been exported from the United States;
    D. Obtain from the Denied Person in the United States any item 
specified on the Control List 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 specified on the 
Control List 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 specified on the Control List 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 K.G. Rao 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 the proposed charging letter, the Settlement Agreement, 
and this Order shall be made available to the public.
    Sixth, that this Order shall be served on the Denied Person and on 
BIS, and shall be published in the Federal Register.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.

    Entered this 2nd day of March 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 06-2238 Filed 3-8-06; 8:45 am]
BILLING CODE 3510-DT-M