[Federal Register Volume 73, Number 127 (Tuesday, July 1, 2008)]
[Notices]
[Pages 37407-37408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14828]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Omega Engineering, Inc. In 
the Matter of: Omega Engineering, Inc., One Omega Drive, Stamford, CT 
06907; Respondent

Order Waiving Remainder of Denial Order Period

    On November 12, 2003, having approved the terms of a settlement 
agreement between the Bureau of Industry and Security, United States 
Department of Commerce (``BIS''), and Respondent Omega Engineering, 
Inc. (``Omega''), then-Assistant Secretary for Export Enforcement Julie 
L. Myers issued an order (68 Fed. Reg. 65033, Nov. 18, 2003), resolving 
an administrative proceeding against Omega pursuant to section 13(c) of 
the Export Administration Act of 1979, as amended (``Act''),\1\ and the 
Export Administration Regulations (``Regulations''),\2\ based on 
allegations in a proposed charging letter that Omega had committed 17 
violations of the Regulations.
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    \1\ 50 U.S.C. app. 2401-2420 (2000). 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 15, 2007 (72 Fed. Reg. 46137 (Aug. 16, 2007)), 
has continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000)) 
(``IEEPA'').
    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2008). The current 
version of the Regulations governs the procedural aspects of this 
case. The charged violations occurred in 1997. The Regulations 
governing the charged violations are found in the 1997 version of 
the Code of Federal Regulations (15 CFR Part 730774 (1997)).
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    Among other things, the November 12, 2003 Order provided a non-
standard denial of export privileges that prohibited Omega, for a 
period of five years from the date of that Order, from participating in 
any way in any transaction involving the export from the United States 
to Pakistan of any item subject to the Regulations or in any other 
activity subject to the Regulations that involves Pakistan.
    By letter dated April 25, 2008, Omega submitted a request seeking 
to terminate the denial order not later than May 6, 2008, rather than 
on November 12, 2008. Omega's request seeks relief on various grounds, 
including due to what it has phrased as the ``extraordinary support'' 
it provided to BIS in the investigation of another case. The grounds 
raised by Omega have been considered in full and with the exception of 
its extraordinary cooperation argument do not merit relief.
    Subsequent to the entry of the November 12, 2003 Order, Omega 
provided extraordinary cooperation in a criminal investigation 
involving an individual attempting to unlawfully export U.S.-origin 
goods to Iran. The cooperation provided by the Omega helped enable BIS 
to obtain evidence that was crucial to the investigation and successful 
prosecution of that criminal matter.
    Accordingly, upon consideration of this extraordinary cooperation 
provided by Respondent Omega, and upon consideration of the totality of 
the circumstances found here, it is therefore ordered:
    1. That the remainder of the denial order period imposed on Omega 
Engineering, Inc., One Omega Drive, Stamford, Connecticut 06907, its 
successors or assigns, and, when acting

[[Page 37408]]

for or on behalf of Omega, its officers, representatives, agents or 
employees, under the November 12, 2003 Order is hereby waived upon the 
effective date of this Order; and
    2. This Order shall be effective upon publication in the Federal 
Register.

    Entered this 20th day of June, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E8-14828 Filed 6-30-08; 8:45 am]
BILLING CODE 3510-DT-M