[Federal Register Volume 71, Number 75 (Wednesday, April 19, 2006)]
[Notices]
[Pages 20074-20076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3726]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Tysonic Enterprises and Chan 
Heep Loong; In the Matter of: Tysonic Enterprises, 10 Anson Road, 15-14 
International Plaza, Singapore, 079903 SG, and, Chan Heep Loong, 10 
Anson Road, 15-14 International Plaza, Singapore, 079903 SG, 95 
Havelock Road, 14-583, Singapore, 160095 SG; Respondents

Order Temporarily Denying Export Privileges

    Pursuant to Sec.  766.24 of the Export Administration Regulations 
(``EAR''),\1\

[[Page 20075]]

the Bureau of Industry and Security (``BIS''), U.S. Department of 
Commerce, through its Office of Export Enforcement (``OEE''), has 
requested that I issue an Order temporarily denying the export 
privileges under the EAR of Tysonic Enterprises, 10 Anson Road, 15-14 
International Plaza, Singapore, 079903 SG, and Chan Heep Loong, 10 
Anson Road, 15-14 International Plaza, Singapore, 079903 SG and 95 
Havelock Road 14-583, Singapore, 160095 SG, (hereinafter 
collectively referred to as the ``Respondents'') for 180 days.
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    \1\ 15 CFR parts 730-774 (2006). The EAR are issued under the 
Export Administration Act of 1979, as amended (50 U.S.C. app. 
Sec. Sec.  2401-2420 (2000)) (``EAA''). Since August 21, 2001, the 
EAA 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 2, 2005 (70 FR 45273, (August 5, 2005)), has 
continued the EAR in effect under the International Emergency 
Economic Powers Act (50 U.S.C. 1701-1706 (2000)) (``IEEPA'').
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    In its request, BIS has presented evidence that shows that Chan 
Heep Loong (``Loong''), the owner and operator of Tysonic Enterprises 
(``Tysonic'') caused, aided or abetted the doing of an act prohibited 
by the EAR. Specifically, Loong purchased items subject to both the EAR 
and the Iranian Transactions Regulations of the Treasury Department's 
Office of Foreign Assets Control (OFAC),\2\ from U.S. companies and 
caused those commodities to be shipped to Iran without authorization 
from OFAC as required by Sec.  746.7 of the EAR.
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    \2\ See 31 CFR 560.204.
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    Specifically, the evidence shows that, on or around February 14, 
2005, Respondents caused a U.S. company to export GPS engines, items 
subject to the EAR and classified by Export Control Classification 
Number 7A994, from the United States to Respondents in Singapore. On or 
about February 24, 2005, Respondents then shipped these items to Iran 
Electronics Industries located in Shiraz, Iran. This shipment was a 
transaction subject to the Iranian Transactions Regulations, and was 
done without authorization from OFAC as required by Sec.  746.7 of the 
EAR.
    The evidence also shows that on or around March 28, 2005, 
Respondents caused a U.S. company to export an RF Power Meter, an item 
subject to the EAR and classified by Export Control Classification 
Number 3A992, from the United States to Respondents in Singapore. On or 
about May 12, 2005, Respondents then shipped this item to Iran 
Electronics Industries located in Shiraz, Iran. This shipment was a 
transaction subject to the Iranian Transactions Regulations, and was 
done without authorization from OFAC as required by Sec.  746.7 of the 
EAR.
    The evidence also demonstrates that the Respondents were aware of 
restrictions on the shipment of U.S. commodities to Iran and that 
Respondents would not deal with U.S. companies that requested 
information about Tysonic's intended end-users.
    I find that the evidence presented by BIS demonstrates that the 
Respondents have violated the EAR, that such violations have been 
deliberate and covert, and that there is a likelihood of future 
violations, particularly given the nature of the transactions. As such, 
a Temporary Denial Order (``TDO'') is needed to give notice to persons 
and companies in the United States and abroad that they should cease 
dealing with the Respondents in export transactions involving items 
subject to the EAR. Such a TDO is consistent with the public interest 
to preclude future violations of the EAR.
    Accordingly, I find that a TDO naming Tysonic and Loong as 
Respondents is necessary, in the public interest, to prevent an 
imminent violation of the EAR. This Order is issued on an ex parte 
basis without a hearing based upon BIS's showing of an imminent 
violation.
    It is Therefore Ordered:
    First, that the Respondents, Tysonic Enterprises, 10 Anson Road, 
15-14 International Plaza, Singapore, 079903 SG, and Chan Heep Loong, 
10 Anson Road, 15-14 International Plaza, Singapore, 079903 SG and 95 
Havelock Road, 14-583, Singapore, 160095 SG, (collectively the 
``Denied Persons''), 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 subject to the Export 
Administration Regulations (``EAR''), or in any other activity subject 
to the EAR, 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 EAR, or in any other subject to 
the EAR; 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 EAR, or in any other activity subject to the EAR.
    Second, that no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport to or on behalf of the Denied Persons any 
item subject to the EAR;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Denied Persons of the ownership, possession, or 
control of any item subject to the EAR that has been or will be 
exported from the United States, including financing or other support 
activities related to a transaction whereby the Denied Persons 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 Persons of any item subject to 
the EAR that has been exported from the United States;
    D. Obtain from the Denied Persons in the United States any item 
subject to the EAR 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 EAR 
that has been or will be exported from the United States and which is 
owned, possessed or controlled by the Denied Persons, or service any 
item, of whatever origin, that is owned, possessed or controlled by the 
Denied Persons if such service involves the use of any item subject to 
the EAR 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 EAR, any other person, firm, corporation, or 
business organization related to any of the Denied Persons 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 EAR where the only items involved that 
are subject to the EAR are the foreign-produced direct product of U.S.-
origin technology.
    In accordance with the provisions of Section 766.24(e) of the EAR, 
the Respondents may, at any time, appeal 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.
    In accordance with the provisions of Section 766.24(d) of the EAR, 
BIS may seek renewal of this Order by filing a written request not 
later than 20 days before the expiration date. The Respondents may 
oppose a request to renew this Order by filing a written submission 
with the Assistant Secretary

[[Page 20076]]

of Commerce for Export Enforcement, which must be received not later 
than seven days before the expiration date of the Order.
    A copy of this Order shall be served on the Respondents and shall 
be published in the Federal Register.
    This Order is effective upon date of publication in the Federal 
Register and shall remain in effect for 180 days.

    Entered this 12th day of April, 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 06-3726 Filed 4-18-06; 8:45 am]
BILLING CODE 3510-DT-M