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