[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Notices]
[Pages 33725-33726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5282]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 06-BIS-06]


Action Affecting Export Privileges; Eduard Mendelevich Yamnik; In 
the Matter of Eduard Mendelevich Yamnik, 7133 Valley View Road, Edina, 
MN 55439, Respondent; Order Relating to Eduard Mendelevich Yamnik

    The Bureau of Industry and Security, U.S. Department of Commerce 
(``BIS'') has initiated an administrative proceeding against Eduard 
Mendelevich Yamnik (``Yamnik'') pursuant to Section 766.3 of the Export 
Administration Regulations (currently codified at 15 CFR parts 730-774 
(2006)) (``Regulations''),\1\ and Section 13(c) of

[[Page 33726]]

the Export Administration Act of 1979, as amended (50 U.S.C. app. 
Sec. Sec.  2401-2420 (2000)) (``Act''),\2\ through issuance of a 
charging letter to Yamnik that alleged that Yamnik committed two 
violations of the Regulations. Specifically, the charges are:
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    \1\ The violations charged occurred during 2001. The Regulations 
governing the violations at tissue are found in the 2001 version of 
the Code of Federal Regulations (15 CFR parts 730-774 (2001)). The 
2006 Regulations establish the procedures that apply to this matter.
    \2\ 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 2, 2005 
(70 FR 45273, August 5, 2005), has continued the Regulations in 
effect under the International Emergency Economic Powers Act (50 
U.S.C. 1701-1706 (2000)).
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    1. One violation of 15 CFR 764.2(a)--Exporting an item subject to 
the Regulations without a license: On or about January 6, 2001, Yamnik 
engaged in conduct prohibited by the Regulations when he exported 
fingerprint powders classified under Export Control Classification 
Number (``ECCN'') 1A985 on the Commerce Control List (``CCL'') to 
Belarus without the license required by the U.S. Department of 
Commerce. Under Section 742.7 of the Regulations, a BIS export license 
was required for this export, but no such license was obtained.
    2. One violation of 15 CFR 764.2(e)--Transfer of an item with 
knowledge that a violation would subsequently occur: One or about 
January 6, 2001, Yamnik transferred fingerprint powders classified 
under ECCN 1A985 on the CCL to Belarus with knowledge that a violation 
of the Regulations would occur in connection with the items. 
Specifically, Yamnik transferred the fingerprint powders to Belarus 
without the license required by the U.S. Department of Commerce despite 
knowing that such license was required under the Regulations, and that 
such license would not be obtained. Yamnik transferred the items with 
knowledge that the U.S. Department of Commerce has notified Edsons that 
Edson's application for a license to export the items had been denied.
    Whereas, BIS and Yamnik have entered into a Settlement Agreement 
pursuant to 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
    Whereas I have approved of the terms of such Settlement Agreement;
    It is therefore ordered:
    First, for a period of ten years from the date on which this Order 
is published in the Federal Register, Eduard Mendelevich Yamnik, 7133 
Valley View Road, Edina, MN 55439 and when acting for or on behalf of 
Yamnik, his representatives, agents, or 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 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. Obtained 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, to prevent evasion of this Order, BIS, after notice 
and opportunity for comment as provided in Section 766.23 of the 
Regulations, may make any person, firm, corporation, or business 
organization related to Yamnik by affiliation, ownership, control, or 
position of responsibility in the conduct of trade or related services 
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 the charging letter, the Settlement Agreement, this 
Order, and the record of this case as defined by Section 766.20 of the 
Regulations shall be made available to the public.
    Sixth, that the administrative law judge shall be notified that 
this case is withdrawn from adjudication.
    This Order, which constitutes the final agency action in this 
matter, is effective upon publication in the Federal Register.

    Entered this 5th day of June, 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 06-5282 Filed 6-9-06; 8:45 am]
BILLING CODE 3510-DT-M