Agenda and Notice of Public Meeting of the South Dakota Advisory Committee, 23983 [05-9014]

Download as PDF Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Notices COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the South Dakota Advisory Committee Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights, that a meeting of the South Dakota Advisory Committee to the Commission will convene at 12 p.m. (c.d.t.) and adjourn at 1 p.m. (c.d.t.), on Thursday, May 12, 2005. The purpose of the conference call is to provide orientation for new committee members, discuss status of commission and regional programs, and discuss current status of regional project: Confronting Discrimination in Reservation Border Town Communities. This conference call is available to the public through the following call-in number: 1–800–473–8694; call-in ID#: 409–01828. Any interested member of the public may call this number and listen to the meeting. Callers can expect to incur charges for calls not initiated using the supplied call-in number or over wireless lines and the Commission will not refund any incurred charges. Callers will incur no charge for calls using the call-in number over land-line connections. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1–800–977–8339 and providing the Service with the conference call number and access code. To ensure that the Commission secures an appropriate number of lines for the public, persons are asked to register by contacting John F. Dulles, Rocky Mountain Regional Office, (303) 866–1040 (TDD 303–866–1049), by 3 p.m. (m.d.t.) on Monday, May 9, 2005. The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission. Dated at Washington, DC, April 28, 2005. Ivy L. Davis, Chief, Regional Programs Coordination Unit. [FR Doc. 05–9014 Filed 5–5–05; 8:45 am] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE Bureau of Industry and Security [Docket No. 04–BIS–10] In the Matter of: Petrochemical Commercial Co. Ltd., NIOC House, 4 Victoria Street, London, UK SW1H One, Respondent; Decision and Order On March 31, 2004, the Bureau of Industry and Security (‘‘BIS’’) filed a VerDate jul<14>2003 18:03 May 05, 2005 Jkt 205001 charging letter against the respondent, Petrochemical Commercial Co. (UK) Ltd. (‘‘PCC’’), that alleged one violation of Section 764.2(b) of the Export Administration Regulations (Regulations),1 which were issued under the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401–2420 (2000)) (‘‘Act’’).2 Specifically, the charging letter alleged that on or about August 28, 2002, PCC, a British company, forwarded a bid by Chemical Industries Consolidated b.v. (‘‘CIC’’), of the Netherlands, for gas compression spare parts (‘‘compressor parts’’) to be exported from the United States to Tabriz Petrochemical Company in Iran (‘‘Tabriz’’). CIC was attempting to arrange for the export of the items from the United States to Iran without authorization from the U.S. Department of Treasury’s Office of Foreign Assets Control (‘‘OFAC’’) as required by § 746.7 of the Regulations. The compressor parts are items subject both to the Regulations and the Iranian Transactions Regulations administered by OFAC. In forwarding the bid, BIS charged that PCC aided the solicitation of that attempted export to Tabriz in violation of the Regulations, thereby committing one violation of Section 746.2(b) of the Regulations. On May 3, 2004, PCC filed a Statement of Answer (‘‘Answer’’) denying the formal charge. As ordered by the Administrative Law Judge (‘‘ALJ’’), on November 8, 2004, BIS filed a Memorandum and Submission of Evidence to Supplement the Record and, on January 18, 2005, it filed a Memorandum of Proposed Findings of Fact and Conclusions of Law. PCC did not submit any further filings to the ALJ. Based on the record before it, on March 30, 2005, the ALJ issued a Recommended Decision and Order in which he found that PCC committed the 1 The violation charged occurred in 2002. The Regulations governing the violations at issue are found in the 2002 version of the Code of Federal Regulations (15 CFR Parts 730–774 (2002)). The 2005 Regulations establish the procedures that apply to this matter. 2 From August 21, 1994 through November 12, 2000, the Act was in lapse. During that period, the President, through Executive Order 12924, which had been extended by successive Presidential Notices, the last of which was August 3, 2000 (3 CFR, 2000 Comp. 397 (2001)), continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701– 1706 (2000)) (IEEPA). On November 13, 2000, the Act was reauthorized by Pub. L. 106–508 (114 Stat. 2360 (2000)) and it remained in effect through August 20, 2001. Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 6, 2004 (69 FR 48763, August 10, 2004), continues the Regulations in effect under IEEPA. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 23983 violation described above. First, based on uncontested evidence, the ALJ determined that CIC solicited certain compressor parts for export to Tabriz in Iran in violation of the Regulations. On July 15, 2002, CIC faxed a request for bid for the compressor parts to a company in the United States, and subsequently indicated to the U.S. company that the items were destined for Iran. A CIC representative was eventually arrested and pled guilty to a violation of IEEPA for his attempt to export the compressor parts to Iran in violation of the U.S. embargo on that country. Second, also based on uncontested evidence, the ALJ determined that PCC assisted in CIC’s solicitation of the spare compressor parts. On or about July 11, 2002, PCC originated the transaction at issue by forwarding a request from Tabriz to CIC seeking quotations for space parts associated with certain ‘‘Joy compressors.’’ By letter dated August 27, 2002, CIC provided PCC with price quotations for the requested parts, indicating that the parts were of U.S.origin. On August 28, PCC forwarded the quotations to Tabriz, which subsequently confirmed the transaction with PCC by facsimile. PCC stated during the underlying administrative proceeding that it was fully aware of the U.S. embargo on trade with Iran and also knew that the U.S. Government had not authorized the export of the space parts in question. In light of these facts, the ALJ held that PCC committed one violation of Section 764.2(b) of the Regulations. He also recommended the penalty proposed by BIS—denial of PCC’s export privileges for three years. Pursuant to § 766.22 of the Regulations, the ALJ’s Recommended Decision and Order has been referred to me for final action. Based on my review of the entire record, I find that the record supports the ALJ’s findings of fact and conclusions of law regarding the above-referenced charge. I also find that the penalty recommended by the ALJ is appropriate give the nature of the violation and the importance of preventing future unauthorized exports to Iran, a country against which the United States maintains an economic embargo because of its support for international terrorism. In light of these circumstances, I affirm the findings of fact and conclusions of law of the ALJ’s Recommended Decision and Order. It is hereby ordered, First, that, for a period of three years from the date on which this Order takes effect, Petrochemical Commercial Company (UK) Ltd. (‘‘PCC’’), NIOC House, 4 Victoria Street, London, UK SW1H One, and all of its successors or E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Notices]
[Page 23983]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9014]



[[Page 23983]]

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COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the South Dakota Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights, that a meeting of 
the South Dakota Advisory Committee to the Commission will convene at 
12 p.m. (c.d.t.) and adjourn at 1 p.m. (c.d.t.), on Thursday, May 12, 
2005. The purpose of the conference call is to provide orientation for 
new committee members, discuss status of commission and regional 
programs, and discuss current status of regional project: Confronting 
Discrimination in Reservation Border Town Communities.
    This conference call is available to the public through the 
following call-in number: 1-800-473-8694; call-in ID: 409-
01828. Any interested member of the public may call this number and 
listen to the meeting. Callers can expect to incur charges for calls 
not initiated using the supplied call-in number or over wireless lines 
and the Commission will not refund any incurred charges. Callers will 
incur no charge for calls using the call-in number over land-line 
connections. Persons with hearing impairments may also follow the 
proceedings by first calling the Federal Relay Service at 1-800-977-
8339 and providing the Service with the conference call number and 
access code.
    To ensure that the Commission secures an appropriate number of 
lines for the public, persons are asked to register by contacting John 
F. Dulles, Rocky Mountain Regional Office, (303) 866-1040 (TDD 303-866-
1049), by 3 p.m. (m.d.t.) on Monday, May 9, 2005.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission.

    Dated at Washington, DC, April 28, 2005.
Ivy L. Davis,
Chief, Regional Programs Coordination Unit.
[FR Doc. 05-9014 Filed 5-5-05; 8:45 am]
BILLING CODE 6335-01-P