Foreign-Trade Zone (FTZ) 22-Chicago, Illinois, Authorization of Production Activity, Omron Automotive Electronics, Inc. (Automotive Electronic Components), St. Charles, Illinois, 55430 [2016-19862]
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Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Notices
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[FR Doc. 2016–19853 Filed 8–18–16; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–24–2016]
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Foreign-Trade Zone (FTZ) 22—
Chicago, Illinois, Authorization of
Production Activity, Omron
Automotive Electronics, Inc.
(Automotive Electronic Components),
St. Charles, Illinois
On April 14, 2016, Omron
Automotive Electronics, Inc. submitted
a notification of proposed production
activity to the Foreign-Trade Zones
(FTZ) Board for its facility within FTZ
22—Site 41, in St. Charles, Illinois.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (81 FR 26200, May 2,
2016). The FTZ Board has determined
that no further review of the activity is
warranted at this time. The production
activity described in the notification is
authorized, subject to the FTZ Act and
the Board’s regulations, including
Section 400.14.
Dated: August 12, 2016.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016–19862 Filed 8–18–16; 8:45 am]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Walter Anders, 10701
Huntersville Commons Drive, Suite C,
Huntersville, NC 28078; Terand, Inc.,
10701 Huntersville Commons Drive,
Suite C, Huntersville, NC 28078,
Respondents; Order Relating to Walter
Anders and Terand, Inc.
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’),
has notified Walter Anders (‘‘Anders’’)
and Terand, Inc. (‘‘Terand’’)
(collectively, referred to as ‘‘Terand/
Anders’’ or the ‘‘Respondents’’) of its
intention to initiate an administrative
proceeding against Respondents
pursuant to Section 766.3 of the Export
Administration Regulations (the
‘‘Regulations’’),1 and Section 13(c) of
the Export Administration Act of 1979,
as amended (the ‘‘Act’’),2 through the
issuance of a Proposed Charging Letter
to Respondents that alleges that
Respondents committed eight violations
of the Regulations. Specifically, the
charges are:
Charges 1–8 15 CFR 764.2(b)—Causing,
Aiding, and/or Abetting Unlicensed Exports
of Controlled Carbon Fiber
On at least eight occasions between on or
about April 5, 2012, and on or about
December 1, 2012, Terand/Anders caused,
aided, and/or abetted the export of
approximately 6,557 kg of U.S.-origin T300
carbon fiber to Singapore without the
required BIS licenses. The T300 carbon fiber
is subject to the Regulations, classified under
Export Control Classification Number
(‘‘ECCN’’) 1C210.a, and controlled for nuclear
proliferation reasons, and was valued at
approximately $288,736. Each of the eight
exports required a license pursuant to
Section 742.3 of the Regulations.
Terand/Anders’ involvement in the
transactions began soon after Performance
Engineered Nonwovens, of Middletown, NY,
was informed by BIS that its license to export
T300 carbon fiber to Singapore was revoked
based on concerns regarding the recipients of
the items. Performance Engineered
Nonwovens thereafter sought to camouflage
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2016). The violations alleged occurred in 2012.
The Regulations governing the violations at issue
are found in the 2012 version of the Code of Federal
Regulations (15 CFR parts 730–774). The 2016
Regulations set forth the procedures that apply to
this matter.
2 50 U.S.C. 4601–4623 (available at https://
uscode.house.gov/). 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 4, 2016 (81 FR 52587 (Aug. 8,
2016)), has continued the Regulations in effect
under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2012)).
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
its involvement in unlicensed exports of the
carbon fiber to Singapore. Within weeks of
the license revocation, Terand/Anders had
agreed—following discussions between
Anders, Terand’s president and sole
employee, and Performance Engineered
Nonwovens’ president, Peter Gromacki—that
Terand would falsely act as the U.S. exporter
of record for exports of the items to
Singapore in return for a $1,400 commission
for each successful export on Performance
Engineered Nonwovens’ behalf.
Aware of the license requirement, Terand/
Anders took various actions to cause, aid,
and abet unlicensed exports of the items to
Singapore, while seeking to minimize the
risk that the U.S. Government would learn of
Performance Engineered Nonwovens’
involvement in the transactions. Terand/
Anders created and issued commercial
invoices on Terand letterhead that falsely
named Terand as the exporter and falsely
stated that: ‘‘This commodity technology
exported from the United States is in
accordance with the Export Administration
Regulations.’’
Terand/Anders also acted as the
intermediary between Performance
Engineered Nonwovens/Gromacki and the
freight forwarder, providing instructions to
the forwarder, signing any required shipping
documents, and receiving status reports on
the progress of exports to Singapore. In
addition, Terand’s name appeared as the U.S.
Principal Party in Interest on each of the
Shippers Export Declarations filed with the
U.S. Government in connection with the
eight exports at issue, including after the
customer in Singapore refused to place
additional purchase orders through Terand
after the first five of the exports. On or about
September 28, 2012, Performance Engineered
Nonwovens/Gromacki assured Terand/
Anders that their crucial role in facilitating
the unlawful exports, and their compensation
for doing so, could nonetheless continue:
Starting with today’s shipment, I accepted
[the purchase order] under PEN [Performance
Engineered Nonwovens] name but Terand
can continue to serve as exporter of record
as you have been doing. . . . You continue
to play a crucial role. I cannot export without
your help and hence the commission checks
will continue to flow in your direction. I
shall forward you a copy of each PO.
Terand/Anders did, in fact, continue to
falsely act as the U.S. exporter of record for
the remaining three exports at issue.
In so causing, aiding, and/or abetting eight
exports of the items without the required BIS
export licenses, Terand and Anders
committed eight violations of Section
764.2(b) of the Regulations, for which they
are jointly and severally liable.
WHEREAS, BIS and Respondents
have entered into a Settlement
Agreement pursuant to Section
766.18(a) of the Regulations, whereby
they agreed to settle this matter in
accordance with the terms and
conditions set forth therein;
WHEREAS, I have approved of the
terms of such Settlement Agreement;
IT IS THEREFORE ORDERED:
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[Federal Register Volume 81, Number 161 (Friday, August 19, 2016)]
[Notices]
[Page 55430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19862]
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DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B-24-2016]
Foreign-Trade Zone (FTZ) 22--Chicago, Illinois, Authorization of
Production Activity, Omron Automotive Electronics, Inc. (Automotive
Electronic Components), St. Charles, Illinois
On April 14, 2016, Omron Automotive Electronics, Inc. submitted a
notification of proposed production activity to the Foreign-Trade Zones
(FTZ) Board for its facility within FTZ 22--Site 41, in St. Charles,
Illinois.
The notification was processed in accordance with the regulations
of the FTZ Board (15 CFR part 400), including notice in the Federal
Register inviting public comment (81 FR 26200, May 2, 2016). The FTZ
Board has determined that no further review of the activity is
warranted at this time. The production activity described in the
notification is authorized, subject to the FTZ Act and the Board's
regulations, including Section 400.14.
Dated: August 12, 2016.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016-19862 Filed 8-18-16; 8:45 am]
BILLING CODE 3510-DS-P
