[Federal Register Volume 71, Number 57 (Friday, March 24, 2006)]
[Notices]
[Pages 14833-14834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4267]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Phaedon Nicolas Criton 
Constan-Tatos and Assegai Trading (Pty) Ltd.; In the Matter of: Phaedon 
Nicolas Criton Constan-Tatos (a.k.a. Fred Tatos); 119 Main Road, P.O. 
Box 30, Plumstead 7800, Cape Town, South Africa; Respondent, and 
Assegai Trading (Pty) Ltd.: Four Loop Street, P.O. Box 4782, Cape Town 
8001, South Africa; Related Person

Order Making Order Denying Export Privileges of Phaedon Nicholas Criton 
Constan-Tatos (a.k.a. Fred Tatos) Applicable to Related Person Assegai 
Trading (Pty) Ltd.

    Pursuant to Section 766.23 of the Export Administration Regulations 
(``EAR''), the Bureau of Industry and Security (``BIS''), U.S. 
Department of Commerce, through its Office of Export Enforcement 
(``OEE''), has requested that I make the Denial Order that was imposed 
against the individual Phaedon Nicholas Criton Constan-Tatos (a.k.a. 
Fred Tatos) (``Tatos'') on November 15, 2005 (70 FR 69311) applicable 
to the following entity (hereinafter, the ``Related Person''), as a 
person related to Tatos: Assegai Trading (Pty) Ltd., Four Loop Street, 
P.O. Box 4782, Cape Town 8001, South Africa.
    Section 766.23 of the EAR provide that ``[i]n order to prevent 
evasion, certain types of orders under this part may be made applicable 
not only to the respondent, but also to other persons then or 
thereafter related to the respondent by ownership, control, position of 
responsibility, affiliation, or other connection in the conduct of 
trade or business. Orders that may be made applicable to related 
persons include those that deny or affect export privileges * * *.'' 15 
CFR 766.23(a).
    On November 15, 2005, an Order pursuant to Part 766 of the EAR 
imposing a five-year denial of export privileges against the individual 
Phaedon Nicholas Criton Constan-Tatos (a.k.a. Fred Tatos), Suburban 
Guns (Pty) Ltd., 119 Main Road, P.O. Box 30, Plumstead 7800, Cape Town, 
South Africa was published in the Federal Register to conclude 
administrative charges pending against Tatos related to his violation 
of a Denial Order previously imposed against Suburban Guns (Pty) Ltd. 
See 70 FR 69311 (Nov. 15, 2005). This Order is an order that may be 
made applicable to related persons pursuant to Section 766.23.
    BIS has presented evidence that indicates that the Related Person 
is

[[Page 14834]]

related to Tatos by ownership, control, position of responsibility, 
affiliation, or other connection in the conduct of trade or business, 
and that it is necessary to add this entity to the Denial Order imposed 
against Tatos in order to avoid evasion of that Order.
    BIS notified the Related Person of its plans to take this action on 
December 15, 2005. Specifically, BIS provided notice to three 
individuals who were believed to be associated with the Related Person. 
In response, Tatos submitted comments on behalf of the Related Person 
stating that he was related to it by reason of being its business and 
company director. Tatos further stated that he did not believe it was 
appropriate to make the Denial Order imposed against him applicable to 
the Related Person. BIS also received comments from a second 
individual, who also stated that the Related Person is operated by 
Tatos.
    It is my belief that Tatos' past actions of violating the Denial 
Order imposed against Suburban Guns (Pty) Ltd. and his justification 
for committing those violations indicate that he is prepared to take 
steps to both violate and evade orders issued against him by BIS. 
Accordingly, I find that it is necessary to make the Order imposed 
against Tatos applicable to the Related Person to prevent the evasion 
of that Order.
    It is now therefore ordered,
    First, that having been provided notice and opportunity for comment 
as provided in Section 766.23 of the Export Administration Regulations 
(the ``Regulations''), the following party (``Related Person'') has 
been determined to be related to Phaedon Nicholas Criton Constan-Tatos 
(a.k.a. Fred Tatos), Suburban Guns (Pty) Ltd., 119 Main Road, P.O. Box 
30, Plumstead 7800, Cape Town, South Africa (``Tatos'') by affiliation, 
ownership, control, or position of responsibility in the conduct of 
trade or related services, and it has been deemed necessary to make the 
Order denying the export privileges of Tatos applicable to this Related 
Person in order to prevent evasion of the Order: Assegai Trading (Pty) 
Ltd., Four Loop Street, P.O. Box 4782, Cape Town 8001, South Africa.
    Second, that the denial of export privileges described in the Order 
against Tatos, which was published in the Federal Register on November 
15, 2005 at 70 FR 69,311, shall be made applicable to the Related 
Person until its expiration on November 15, 2010, as follows:
    I. The Related Person, its successors or assigns, and when acting 
for or on behalf of the Related Person, its officers, representatives, 
agents, or employees (collectively, ``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. 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.
    II. 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 in accordance with the provisions of Section 766.23(c) 
of the Regulations, the Related Person may, at any time, make an appeal 
related to this Order by filing a full written statement in support of 
the appeal with the Office of the Administrative Law Judge, U.S. Coast 
Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 
21202-4022.
    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 this Order shall be published in the Federal Register 
and a copy provided to the Related Person.
    This Order is effective upon publication in the Federal Register.

    Entered this 17th day of March, 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E6-4267 Filed 3-23-06; 8:45 am]
BILLING CODE 3510-DT-P