[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Page 38394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18428]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[08-BIS-0005]


Action Affecting Export Privileges; Micei International; In the 
Matter of: Micei International, Respondent; Order Staying Enforcement 
of Final Decision and Order Pending Appeal

    The Acting Under Secretary of Commerce for Industry and Security 
(``Acting Under Secretary'') issued a Final Decision and Order (the 
``Order'') in this administrative enforcement proceeding against 
Respondent Micei International (``Micei'') on May 14, 2009, which was 
effective upon publication in the Federal Register on May 26, 2009. 74 
FR 24788 (May 26, 2009). The Order affirmed the Administrative Law 
Judge's Recommended Decision and Order finding, in accordance with 
Section 766.7 (Default Order) of the Export Administration Regulations 
(the ``Regulations''),\1\ that Micei had waived its right to contest 
the allegations contained in the (amended) charging letter issued by 
the Bureau of Industry and Security (``BIS''), and that Micei had, as 
alleged, committed 14 violations of the Regulations. The allegations 
involved Micei's knowing participation in seven export transactions 
using an individual subject to a Denial Order as an employee or agent 
to negotiate for and purchase items in the United States for export 
from the United States to Micei in Macedonia. The Order also affirmed 
the recommended sanctions of a civil penalty of $126,000, and a denial 
of Micei's export privileges for a period of five years.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2009). The violations 
at issue, which occurred in 2003, are governed by the 2003 version 
of the Code of Federal Regulations. 15 CFR parts 730-774 (2003). The 
2009 Regulations govern the procedural aspects of this case.
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    On May 19, 2009, Micei filed a Petition for Immediate Stay of 
Publication and Enforcement of Final Decision and Order Pending Outcome 
of Respondent's Petition To Set Aside Default and Vacate Final Decision 
and Order or Alternatively Pending Appeal (``Stay Petition'').\2\ On 
June 30, 2009, Micei filed a Motion for Stay Pending Appeal (``Stay 
Motion'') with the United States Court of Appeals for the District of 
Columbia Circuit (``D.C. Circuit''), seeking a stay of the Order 
pending appeal.\3\
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    \2\ On May 19, 2009, Micei also filed with BIS a Petition To Set 
Aside Default and Vacate Final Decision and Order. On June 26, 2009, 
Micei filed a notice with BIS to withdraw that petition, but did not 
address the Stay Petition it had filed with BIS.
    \3\ Micei had previously filed a Notice of Appeal to the DC 
Circuit on May 29, 2009. Micei subsequently filed a second Notice of 
Appeal on June 29, 2009, petitioning for review of the Order.
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    In its June 30 filing with the DC Circuit, Micei made a number of 
assertions and presented documentary materials that were not part of 
the Stay Petition it had filed with BIS. BIS is continuing to evaluate 
and investigate questions surrounding the accuracy and foundation of 
those assertions, but nonetheless does not wish further delay in 
addressing and resolving the merits of Micei's petition for review. In 
addition, Micei has recently hired new U.S-based counsel and there are 
some indications that Micei may be prepared to more meaningfully engage 
on the issues.
    Based on the circumstances here, I have decided, in performing 
duties delegated to me by the Acting Under Secretary, to stay 
enforcement of the Order pending resolution of the DC Circuit 
appeal.\4\
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    \4\ This determination does not constitute a finding or 
conclusion that BIS agrees with the assertions or evidentiary 
materials included in Micei's Stay Motion (or Stay Petition).
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    Accordingly, it is hereby ordered that enforcement of the Final 
Decision and Order against Micei International, dated May 14, 2009, and 
effective on May 26, 2009, is henceforth stayed pending resolution of 
the petition for review currently before the United States Court of 
Appeals for the District of Columbia Circuit.
    This Order is effective immediately and shall be published in the 
Federal Register.

    Dated: July 24, 2009.
Gay Shrum,
Acting Deputy Under Secretary of Commerce for Industry and Security.
[FR Doc. E9-18428 Filed 7-31-09; 8:45 am]
BILLING CODE 3510-DT-P