Action Affecting Export Privileges; Dolphin International, Ltd., In the Matter of: Dolphin International, Ltd., 21 Commercial Complex, Gulboker Park Extension, New Delhi 110049, India; Respondent, 12164-12166 [06-2242]
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12164
Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Notices
discussed in it. For comments of this
nature, reviewers may choose to refer to
CEQ regulations at 40 CFR 1503.3.
Comments received, including the
names and addresses of those who
comment, will be considered part of the
public record of this NEPA review and
will be available or public inspection
(Authority: 40 CFR 1501.7 and 1508.22;
FSF 1909.15, Section 21).
Authorization: National
Environmental Policy Act of 1969 as
amended (42 U.S.C. 4321–4346);
Council on Environmental Quality
Regulations (40 CFR parts 1500–1508);
U.S. Department of Agriculture NEPA
Policies and Procedures (7 CFR part 1b).
On March 30, the meeting agenda
items to be covered include: (1) Viewing
of the Forest Service ‘‘Greatest Good’’
Video; (2) Agency Updates; and (3)
Public comment.
The meeting is open to the public.
Public input opportunity will be
provided and individuals will have the
opportunity to address the Committee at
that time.
Dated: March 1, 2006.
Jeanine A. Derby,
Forest Supervisor.
[FR Doc. 06–2202 Filed 3–8–06; 8:45 am]
DEPARTMENT OF AGRICULTURE
BILLING CODE 3410–11–M
Environmental Assessment; Midlands
Creek, Papillion Creek Watershed, NE
DEPARTMENT OF AGRICULTURE
AGENCY:
Natural Resources
Conservation Service, USDA.
ACTION: Notice of availability, Finding of
No Significant Impact.
California Coast Provincial Advisory
Committee
Forest Service, USDA.
Notice of meeting.
AGENCY:
hsrobinson on PROD1PC70 with NOTICES
SUMMARY: The California Coast
Provincial Advisory Committee
(CCPAC) will meet on March 29–30,
2006, in Ukiah, California. The purpose
of the meeting is to discuss issues
relating to implementing the Northwest
Forest Plan (NWFP).
DATES: The meeting will be held from 10
a.m. to 5 p.m. on March 29 and 8 a.m.
to 1:45 p.m. on March 30, 2006.
ADDRESSES: The meeting will be held at
the Discovery Inn (Landmark
Conference Room), 1340 North State
Street, Ukiah California.
FOR FURTHER INFORMATION CONTACT:
Kathy Allen, Committee Coordinator,
USDA, Six Rivers National Forest, 1330
Bayshore Way, Eureka, CA 95501; (707)
441–3557; kmallen@fs.fed.us.
SUPPLEMENTARY INFORMATION: On March
29, the meeting agenda items to be
covered include: (1) Survey and Manage
Update; (2) Aquatic Conservation
Committee Update; (3) NWFP 10-year
Monitoring Report; (4) Douglas Timber
Operations Settlement Agreement—
Implications on NWFP and Northern
Province Forests; (5) 5-Year Planning
Process and Stewardship Fireshed
Assessment Process; (6) Regional
Interagency Ecosystem Committee
(RIEC) Meeting Update; (7) Update on
Critical Habitat; and (8) Public
comment.
VerDate Aug<31>2005
13:58 Mar 08, 2006
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BILLING CODE 3410–11–M
Natural Resources Conservation
Service
Forest Service
ACTION:
Dated: March 1, 2006.
William D. Metz,
Acting Designated Federal Official.
[FR Doc. 06–2243 Filed 3–8–06; 8:45am]
SUMMARY: The Natural Resources
Conservation Service (NRCS) has
prepared an Environmental Assessment
in compliance with the National
Environmental Policy Act (NEPA), as
amended. Pursuant to the implementing
regulations for NEPA (40 CFR parts
1500–1508); the USDA Departmental
Policy for the NEPA (7 CFR part 1b); the
Natural Resources Conservation Service
Regulations (7 CFR part 650); and the
Natural Resources Conservation Service
policy (General Manual Title 190, Part
410); the Natural Resources
Conservation Service gives notice that
an environmental impact statement is
not being prepared for the grade
stabilization of Midlands Creek,
Papillion Creek Watershed, Sarpy
County Nebraska. The Environmental
Assessment was developed in
coordination with the Papio-Missouri
River Natural Resources District for a
federally assisted action authorized as a
congressional earmark for a compacted
earthen fill dam grade stabilization
structure. Upon consideration of the
affected environment, alternatives,
environmental consequences, and
comments and coordination with
concerned public and agencies, the
State Conservationist for NRCS,
Nebraska found that based on the
significance and context and intensity
that the proposed action is not a major
federal action significantly affecting the
quality of the human environment.
Thus, a Finding of No Significant
Impact (FONSI) was made.
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FOR FURTHER INFORMATION, CONTACT:
Stephen K. Chick, State Conservationist,
U.S. Department of Agriculture, Natural
Resources Conservation Service, Federal
Building, Room 152, 100 Centennial
Mall North, Lincoln, Nebraska 68508–
3866; telephone (402) 437–5300.
SUPPLEMENTARY INFORMATION: The
sponsoring local organization (PapioMissouri River Natural Resources
District) concurs with this
determination and agrees with carrying
forward the proposed project. The
objective of the sponsoring local
organization is to install a project that
would reduce flood damage to urban
areas; state, county and city roads and
bridges; and other properties. The
proposed action is to utilize an earthen
dam on Midlands Creek at the identified
S–30 site to provide grade stabilization
as identified by the allocation of a
congressional earmark.
Information regarding this finding
may be obtained at the contact
information listed above. No
administrative action on
implementation of the proposed funding
action will be taken until 30 days after
the date of this publication in the
Federal Register.
Stephen K. Chick,
State Conservationist.
[FR Doc. E6–3311 Filed 3–8–06; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Dolphin International, Ltd., In the
Matter of: Dolphin International, Ltd.,
21 Commercial Complex, Gulboker
Park Extension, New Delhi 110049,
India; Respondent
Order
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’)
has notified Dolphin International, Ltd.
(hereinafter referred to as ‘‘Dolphin’’) of
its intention to initiate an administrative
proceeding against Dolphin pursuant to
§ 766.3 of the Export Administration
Regulations (currently codified at 15
CFR parts 730–774 (2005))
(‘‘Regulations’’) 1 and Section 13(c) of
the Export Administration Act of 1979,
as amended (50 U.S.C. app. §§ 2401–
1 The violations charged occurred in 2000
through 2002. The Regulations governing the
violations at issue at found in the 2000 through
2002 versions of the Code of Federal Regulations
(15 CFR Parts 730–774 (2000–2002)). The 2005
Regulations establish the procedures that apply to
this matter.
E:\FR\FM\09MRN1.SGM
09MRN1
Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Notices
hsrobinson on PROD1PC70 with NOTICES
2420 (2000))(‘‘Act’’),2 by issuing a
proposed charging letter to Dolphin that
alleged that Dolphin committed two
violations of the Regulations.
Specifically, the charges are:
1. One Violation of 15 CFR 764.2(d)–
Conspiracy to Export Toxins to North
Korea Without the Required License:
Beginning in or about late 2000 and
continuing into September 2002,
Dolphin conspired and acted in concert
with others, known and unknown, to
export toxins from the United States to
North Korea without the required
Department of Commerce license. The
goal of the conspiracy was to obtain
certain toxins, including Aflatoxin (M1,
P1, Q1) and Staphyloccocal Enterotoxin
(A and B), items subject to the
Regulations and classified under export
control classification number (‘‘ECCN’’)
1C351, on behalf of a North Korean enduser and to export those toxins to North
Korea. In furtherance of the conspiracy,
Dolphin negotiated with individuals
from North Korea end-user and to
export those toxins to North Korea. In
furtherance of the conspiracy, Dolphin
negotiated with individuals from North
Korea to acquire the toxins and
developed a plan to deliver the toxins
from the United States to North Korea.
Contrary to Section 742.2 of the
Regulations, no Department of
Commerce license was obtained for the
export of toxins from the United States
to North Korea.
2. One Violation of 15 CFR 764.2(c)—
Soliciting an Export of Toxins Without
the Required License: In or about late
2000 through in or about September
2002, Dolphin solicited a violation of
the Regulations by enlisting others to
acquire toxins, including Aflatoxin (M1,
P1, Q1) and Staphyloccocal Enterotoxin
(A and B), items subject to the
Regulations and classified under ECCN
1C351, for export from the United States
to North Korea without the required
Department of Commerce license.
Specifically, Dolphin asked a coconspirator in the United States to
acquire the toxins from the U.S.
2 From August 21, 1994 through November 12,
2000, the Act was in lapse. During that period, the
President, through Executive Order 12924, which
has 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 and it remained in effect
through August 20, 2001. 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 2, 2005 (70 FR 45273 (August
5, 2005)), has continued the Regulations in effect
under the IEEPA.
VerDate Aug<31>2005
13:58 Mar 08, 2006
Jkt 208001
manufacturer and then ship the toxins
to a co-conspirator in the Netherlands,
who would forward the toxins to North
Korea. Contrary to Seciton 742.2 of the
Regulations, no Department of
Commerce license was obtained for the
export of toxins from the United States
to North Korea.
Whereas, BIS and Dolphin 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,
and
Whereas, I have approved the terms of
such Settlement Agreement;
It is therefore ordered:
First, that a civil penalty of $22,000 is
assessed against Dolphin, which shall
be paid to the U.S. Department of
Commerce no later than 30 days from
the date of entry of this Order. Payment
shall be made in the manner specified
in the attached instructions.
Second, that, pursuant to the Debt
Collection Act of 1982, as amended (31
U.S.C. 3701–3702E (2000)), the civil
penalty owed under this Order accrues
interest as more fully described in the
attached Notice, and, if payment is not
made by the due date specified herein,
Dolphin will be assessed, in addition to
the full amount of the civil penalty and
interest, a penalty charge and an
administrative charge, as more fully
described in the attached Notice.
Third, that the timely payment of the
civil penalty set forth above is hereby
made a condition to the granting,
restoration, or continuing validity of any
export license, License Exception,
permission, or privilege granted, or to be
granted, to Dolphin. Accordingly, if
Dolphin should fail to pay the civil
penalty in a timely manner, the
undersigned may enter an Order
denying all of Dolphin’s export
privileges under the Regulations for a
period of one year from the date of entry
of this Order. The payment of the civil
penalty is guaranteed by Mr.
Vishwanath Kakade Rao (hereinafter
referred to as ‘‘K.V. Rao’’), in his
individual capacity, and K.V. Rao and
Dolphin, are jointly and severally liable
for the payment of the penalty.
Fourth, that for a period of four years
from the date of entry of this Order,
Dolphin International, Ltd., 21
Commercial Complex, Gulboker Park
Extension, New Delhi 110049, India, its
successors or assigns, and when acting
for or on behalf of Dolphin, its officers,
representatives, agents, or employees
(‘‘Denied Person’’) may not, directly or
indirectly, participate in any way in any
transaction involving any commodity,
software, or technology (hereinafter
PO 00000
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Fmt 4703
Sfmt 4703
12165
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, or in any other activity
subject to the Regulations, including,
but not limited to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or in any
other activity subject to the Regulations;
or
C. Benefiting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
Fifth, that no person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States.
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
E:\FR\FM\09MRN1.SGM
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12166
Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Notices
Sixth, that, after notice and
opportunity for comment as provided in
Section 766.23 of the Regulations, any
person, firm, corporation, or business
organization related to Dolphin by
affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services may also be
made subject to the provisions of the
Order.
Seventh, that this Order does not
prohibit any export, reexport, or other
transaction subject to the Regulations
where the only items involved that are
subject to the Regulations are the
foreign-produced direct product of U.S.origin technology.
Eighth, that the proposed charging
letter, the Settlement Agreement, and
this Order shall be made available to the
public.
Ninth, that this Order shall be served
on the Denied Person and on BIS, and
shall be published in the Federal
Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
Entered this 2nd day of March, 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 06–2242 Filed 3–8–06; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Erik
Kyriacou; In the Matter of: Erik
Kyriacou, 50 Park Drive, Rocky Point,
NY 11778
hsrobinson on PROD1PC70 with NOTICES
Order Denying Export Privileges
A. Denial of Export Privileges of Erik
Kyriacou
On July 19, 2004, in the U.S. District
Court in the Eastern District of
Pennsylvania, Erik Kyriacou
(‘‘Kyriacou’’) pleaded guilty to four
charges, including two violations of the
International Emergency Economic
Powers Act (50 U.S.C. 1701–1706
(2000)) (‘‘IEEPA’’). As to the IEEPA
counts, Kyriacou pleaded guilty of
knowingly and willfully having
exported and caused to be exported
from the United States to the Islamic
Republic of Iran, four electrophysics
astroscope lenses, Model 9300XL–3N,
which were Commerce Control List
items, without obtaining the required
licenses from the Department of
Commerce. These items were controlled
for national security reasons for export
to Iran. Kyriacou was sentenced to five
VerDate Aug<31>2005
13:58 Mar 08, 2006
Jkt 208001
years probation with the first four
months to be spent in home
confinement.
Section 11(h) of the Export
Administration Act of 1979, as amended
(currently codified at 50 U.S.C. app.
§§ 2401–2420 (2000)) (‘‘Act’’) 1 and
Section 766.25 of the Export
Administration Regulations 2
(‘‘Regulations’’) provide, in pertinent
part, that ‘‘[t]he Director of Exporter
Services, in consultation with the
Director of the Office of Export
Enforcement, may deny export
privileges of any person who has been
convicted of a violation of * * *
IEEPA,’’ for a period not to exceed 10
years from the date of conviction. 15
CFR 766.25(a) and (d). In addition,
§ 750.8 of the Regulations states that
BIS’s Office of Exporter Services may
revoke any BIS licenses previously
issued in which the person had an
interest in at the time of his conviction.
I have received notice of Kyriacou’s
indictment for violating the IEEPA, and
have provided notice and an
opportunity for Kyriacou to make a
written submission to the Bureau of
Industry and Security as provided in
§ 766.25 of the Regulations. Having
received no submission from Kyriacou,
I, following consultations with the
Export Enforcement, including the
Director, Office of Export Enforcement,
have decided to deny Kyriacou’s export
privileges under the Regulations for a
period of 10 years from the date of
Kyriacou’s conviction.
Accordingly, it is hereby ordered:
I. Until July 19, 2015, Erik Kyriacou,
50 Park Drive, Rocky Point, New York
11778, when acting in behalf of
Kyriacou, all of his assigns or
successors, and when acting for or on
behalf of Kyriacou, his representatives,
agents or employees, (collectively
referred to hereinafter as the ‘‘Denied
Person’’) may not, directly or indirectly,
participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
1 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 and it remained in effect
through August 20, 2001. Since August 21, 2001,
the Act has been in lapse and the President, though
Executive Order 13222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), as extended by the Notice
of August 2, 2005 (70 FR 45273, August 5, 2005),
has continued the Regulations in effect under the
IEEPA.
2 The Regulations are currently codified at 15 CFR
parts 730–774 (2005).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, or in any other activity
subject to the Regulations, including,
but not limited to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, on ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulation, or in any other
activity subject to the Regulations; or
C. Benefiting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
II. No person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
E:\FR\FM\09MRN1.SGM
09MRN1
]]>Agencies
[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Notices]
[Pages 12164-12166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2242]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Dolphin International, Ltd.,
In the Matter of: Dolphin International, Ltd., 21 Commercial Complex,
Gulboker Park Extension, New Delhi 110049, India; Respondent
Order
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS'') has notified Dolphin International, Ltd. (hereinafter
referred to as ``Dolphin'') of its intention to initiate an
administrative proceeding against Dolphin pursuant to Sec. 766.3 of
the Export Administration Regulations (currently codified at 15 CFR
parts 730-774 (2005)) (``Regulations'') \1\ and Section 13(c) of the
Export Administration Act of 1979, as amended (50 U.S.C. app.
Sec. Sec. 2401-
[[Page 12165]]
2420 (2000))(``Act''),\2\ by issuing a proposed charging letter to
Dolphin that alleged that Dolphin committed two violations of the
Regulations. Specifically, the charges are:
---------------------------------------------------------------------------
\1\ The violations charged occurred in 2000 through 2002. The
Regulations governing the violations at issue at found in the 2000
through 2002 versions of the Code of Federal Regulations (15 CFR
Parts 730-774 (2000-2002)). 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 has 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 and it
remained in effect through August 20, 2001. 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 2, 2005 (70 FR 45273 (August 5, 2005)), has
continued the Regulations in effect under the IEEPA.
---------------------------------------------------------------------------
1. One Violation of 15 CFR 764.2(d)-Conspiracy to Export Toxins to
North Korea Without the Required License: Beginning in or about late
2000 and continuing into September 2002, Dolphin conspired and acted in
concert with others, known and unknown, to export toxins from the
United States to North Korea without the required Department of
Commerce license. The goal of the conspiracy was to obtain certain
toxins, including Aflatoxin (M1, P1, Q1) and Staphyloccocal Enterotoxin
(A and B), items subject to the Regulations and classified under export
control classification number (``ECCN'') 1C351, on behalf of a North
Korean end-user and to export those toxins to North Korea. In
furtherance of the conspiracy, Dolphin negotiated with individuals from
North Korea end-user and to export those toxins to North Korea. In
furtherance of the conspiracy, Dolphin negotiated with individuals from
North Korea to acquire the toxins and developed a plan to deliver the
toxins from the United States to North Korea. Contrary to Section 742.2
of the Regulations, no Department of Commerce license was obtained for
the export of toxins from the United States to North Korea.
2. One Violation of 15 CFR 764.2(c)--Soliciting an Export of Toxins
Without the Required License: In or about late 2000 through in or about
September 2002, Dolphin solicited a violation of the Regulations by
enlisting others to acquire toxins, including Aflatoxin (M1, P1, Q1)
and Staphyloccocal Enterotoxin (A and B), items subject to the
Regulations and classified under ECCN 1C351, for export from the United
States to North Korea without the required Department of Commerce
license. Specifically, Dolphin asked a co-conspirator in the United
States to acquire the toxins from the U.S. manufacturer and then ship
the toxins to a co-conspirator in the Netherlands, who would forward
the toxins to North Korea. Contrary to Seciton 742.2 of the
Regulations, no Department of Commerce license was obtained for the
export of toxins from the United States to North Korea.
Whereas, BIS and Dolphin 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, and
Whereas, I have approved the terms of such Settlement Agreement;
It is therefore ordered:
First, that a civil penalty of $22,000 is assessed against Dolphin,
which shall be paid to the U.S. Department of Commerce no later than 30
days from the date of entry of this Order. Payment shall be made in the
manner specified in the attached instructions.
Second, that, pursuant to the Debt Collection Act of 1982, as
amended (31 U.S.C. 3701-3702E (2000)), the civil penalty owed under
this Order accrues interest as more fully described in the attached
Notice, and, if payment is not made by the due date specified herein,
Dolphin will be assessed, in addition to the full amount of the civil
penalty and interest, a penalty charge and an administrative charge, as
more fully described in the attached Notice.
Third, that the timely payment of the civil penalty set forth above
is hereby made a condition to the granting, restoration, or continuing
validity of any export license, License Exception, permission, or
privilege granted, or to be granted, to Dolphin. Accordingly, if
Dolphin should fail to pay the civil penalty in a timely manner, the
undersigned may enter an Order denying all of Dolphin's export
privileges under the Regulations for a period of one year from the date
of entry of this Order. The payment of the civil penalty is guaranteed
by Mr. Vishwanath Kakade Rao (hereinafter referred to as ``K.V. Rao''),
in his individual capacity, and K.V. Rao and Dolphin, are jointly and
severally liable for the payment of the penalty.
Fourth, that for a period of four years from the date of entry of
this Order, Dolphin International, Ltd., 21 Commercial Complex,
Gulboker Park Extension, New Delhi 110049, India, its successors or
assigns, and when acting for or on behalf of Dolphin, its officers,
representatives, agents, or employees (``Denied Person'') may not,
directly or indirectly, participate in any way in any transaction
involving any commodity, software, or technology (hereinafter
collectively referred to as ``item'') exported or to be exported from
the United States that is subject to the Regulations, or in any other
activity subject to the Regulations, including, but not limited to:
A. Applying for, obtaining, or using any license, License
Exception, or export control document;
B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the Regulations, or in any other
activity subject to the Regulations; or
C. Benefiting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the Regulations, or in any other activity subject to the Regulations.
Fifth, that no person may, directly or indirectly, do any of the
following:
A. Export or reexport to or on behalf of the Denied Person any item
subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Denied Person of the ownership, possession, or
control of any item subject to the Regulations that has been or will be
exported from the United States, including financing or other support
activities related to a transaction whereby the Denied Person acquires
or attempts to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the Denied Person of any item subject to
the Regulations that has been exported from the United States.
D. Obtain from the Denied Person in the United States any item
subject to the Regulations with knowledge or reason to know that the
item will be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the
Regulations that has been or will be exported from the United States
and which is owned, possessed or controlled by the Denied Person, or
service any item, of whatever origin, that is owned, possessed or
controlled by the Denied Person if such service involves the use of any
item subject to the Regulations that has been or will be exported from
the United States. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification or testing.
[[Page 12166]]
Sixth, that, after notice and opportunity for comment as provided
in Section 766.23 of the Regulations, any person, firm, corporation, or
business organization related to Dolphin by affiliation, ownership,
control, or position of responsibility in the conduct of trade or
related services may also be made subject to the provisions of the
Order.
Seventh, that this Order does not prohibit any export, reexport, or
other transaction subject to the Regulations where the only items
involved that are subject to the Regulations are the foreign-produced
direct product of U.S.-origin technology.
Eighth, that the proposed charging letter, the Settlement
Agreement, and this Order shall be made available to the public.
Ninth, that this Order shall be served on the Denied Person and on
BIS, and shall be published in the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effective immediately.
Entered this 2nd day of March, 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 06-2242 Filed 3-8-06; 8:45 am]
BILLING CODE 3510-DT-M
