Action Affecting Export Privileges; Terry Tengfang Li, 38362-38363 [06-5999]

Download as PDF 38362 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Notices Information and Privacy Act Officer, U.S. Department of Commerce, Washington, DC 20230, 202–482–3258. Comments may be mailed to Brenda Dolan, Departmental Freedom of Information and Privacy Act Officer, Office of Management and Organization, Room 5327, 1401 Constitution Avenue, NW., Washington, DC 20230. Comments may be submitted electronically to the following electronic mail address: bdolan1@doc.gov. ADDRESSES: This amendment adds to the subject system those files containing records compiled in accordance with 5 U.S.C. 5379; 5 CFR Part 537; DAO 202–957. SUPPLEMENTARY INFORMATION: COMMERCE/DEPARTMENT–18 SYSTEM NAME: * PURPOSE(S): * ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: * DISCLOSURE TO CONSUMER REPORTING AGENCIES: * POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: * STORAGE: * RETRIEVABILITY: SAFEGUARDS: * * RETENTION AND DISPOSAL: * SYSTEM MANAGER(S) AND ADDRESS: Delete ‘For records at location m and n,’ add ‘For records at location m, n and o,’ RECORD ACCESS PROCEDURES: RECORD SOURCE CATEGORIES: None. Dated: June 29, 2006. Andrew McGilvray, Acting Executive Secretary. [FR Doc. E6–10569 Filed 7–5–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE * CONTESTING RECORD PROCEDURES: SECURITY CLASSIFICATION: * NOTIFICATION PROCEDURE: should be in a non–proprietary format. If there is a need to submit business proprietary information, it should be appropriately marked and accompanied by a public version. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at the address above. The closing period for their receipt is August 7, 2006. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15–day period to August 21, 2006. * * Bureau of Industry and Security EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM LOCATION: After ‘n. For any records regarding the Workforce Assessment Database: The Office of Acquisition Management, U.S. Department of Commerce, Room 6422, Washington, DC 20230.’ add ‘o. For any emergency notification system records: The Office of Security, U.S. Department of Commerce, Room 1069, Washington, DC 20230.’ CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: After ‘Applicants, current and former employees.’ add ‘Volunteers, grantees, contract employees, and occupants of Commerce facilities, on whom the agency maintains records, may also be covered by this system.’ CATEGORIES OF RECORDS IN THE SYSTEM: After ‘employee certifications, warrants, education and contact for Workforce Assessment Tool Database.’ add ‘; Student Loan Repayment Program (SLRP) records; Continuity of Operations Plan (COOP) records; Automated Notification System records, and Employee Emergency Call Center records.’ jlentini on PROD1PC65 with NOTICES AUTHORITY FOR MAINTENANCE OF THE SYSTEM: After ‘41 U.S.C. 433(d)’ add ‘; 5 U.S.C. 5379; 5 CFR Part 537; DAO 202–957; E.O. 12656; Federal Preparedness Circular (FPC) 65, July 26, 1999; DAO 210–110’ VerDate Aug<31>2005 18:00 Jul 05, 2006 Jkt 208001 Action Affecting Export Privileges; Terry Tengfang Li None. * Indicates that there are no changes to that paragraph of the notice. In the Matter of: Terry Tengfang Li, 1132 Seagull Lane, Cherry Hill, NJ 08054, Respondent. Dated: June 16, 2006. Brenda Dolan, Departmental Freedom of Information and Privacy Act Officer. [FR Doc. E6–10543 Filed 7–5–06; 8:45 am] Order Relating to Terry Tengfang Li (AKA ‘‘Terry Li’’) The Bureau of Industry and Security, U.S. Department of Commerce (‘‘BIS’’) has notified Terry Tengfang Li (hereinafter referred to as ‘‘Terry Li’’) of its intention to initiate an administrative proceeding against Terry Li, President of Universal Technology, Inc., in his individual capacity, pursuant to section 766.3 of the Export Administration Regulations (currently codified at 15 CFR parts 730–774 (2006)) (‘‘Regulations’’),1 and Section 13(c) of the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401–2420 (2000)) (‘‘Act’’) 2 by issuing a proposed BILLING CODE 3510–BW–P DEPARTMENT OF COMMERCE Foreign–Trade Zones Board [Docket 43–2005] Review of Foreign–Trade Zone Activity, Foreign–Trade Subzone 43D, Perrigo Company, Battle Creek, Michigan Area (Ibuprofen– Pharmaceutical Products) Pursuant to its review of activity related to certain merchandise at Foreign–Trade Subzone 43D, at the pharmaceutical products manufacturing facilities of the Perrigo Company, in the Battle Creek, Michigan, area (FTZ Doc. 43–2005, 70 FR 54521, 9/15/05), the FTZ staff has issued a report containing its preliminary findings. A copy of the report will be available for public inspection at the following location: Office of the Executive Secretary, Foreign–Trade Zones Board, U.S. Department of Commerce, Room 1115, 1401 Constitution Ave. NW., Washington, DC 20230. Public comment is invited from interested parties. Information submitted for the record generally PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 1 The violations charged are alleged to have occurred from 2000 through 2004. The Regulations governing the violations at issue are found in the 2000–2004 versions of the Code of Federal Regulations (15 CFR parts 730–774 (2000–2004)). The 2006 Regulations set forth 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 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)), as extended by the Notice of August 2, 2005 (70 FR 45273 (August 5, 2005)), has continued the Regulations in effect under the IEEPA. E:\FR\FM\06JYN1.SGM 06JYN1 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Notices charging letter to Terry Li that alleged that Terry Li committed 49 violations of the Regulations. Specifically, the charges are: 1. 17 Violations of 15 CFR 764.2(a)— Exporting Electronic Components to the People’s Republic of China Without the Required Licenses: On 17 occasions, between on or about July 21, 2000 and on or about April 21, 2004, Terry Li engaged in conduct prohibited by the Regulations by exporting or causing to be exported electronic components classified under Export Control Classification Number (‘‘ECCN’’) 3A001 to the People’s Republic of China (‘‘PRC’’) without the Department of Commerce (the ‘‘Department’’) licenses required by Section 742.4 of the Regulations. 2. 17 Violations of 15 CFR 764.2(e)— Exporting Electronic Components to the People’s Republic of China With Knowledge That Violations Would Occur: In connection with he transactions described above, Terry Li caused the export of electronic components to the PRC with knowledge that violations of the Regulations would occur. Specifically, Terry Li had knowledge that Department of Commerce licenses were required to export the electronic components from the United States to the PRC and Terry Li caused the export of the items with knowledge that such licenses would not be obtained. 3. 15 Violations of 15 CFR 764.2(e)— False Statement on Shipper’s Export Declarations Concerning Authority to Export: In connection with 15 exports of electronic components subject to the regulations to the PRC described above, Terry Li made false statements to the U.S. Government in connection with the submission of export control documents. Specifically Terry Li filed or caused to be filed with the U.S. Government Shipper’s Export Declarations stating that the exports did not require Department of Commerce licenses (‘‘NLR’’ or ‘‘No License Required’’). These statements were false because licenses were required to export these items. Whereas, BIS and Terry Li 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 of the terms of such Settlement Agreement; It is therefore ordered: First, that for a period of 20 years from the date of entry of this Order, Terry Tengfang Li (aka ‘‘Terry Li’’), 1132 Seagull Lane, Cherry Hill, NJ 08054, and VerDate Aug<31>2005 17:01 Jul 05, 2006 Jkt 208001 when acting for or on behalf of Terry Li, his representatives, agents, assigns 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. Benefitting 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. Second, 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 38363 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. Third, 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 Terry Li 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. Fourth, 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. Fifth, that the proposed charging letter, the Settlement Agreement, and this Order shall be made available to the public. Sixth, that this Order shall be served on the Denied Person, and shall be published in the Federal Register. This Order, which constitutes the final agency action in this matter, is effective immediately. Entered this 23rd day of June 2006. Darryl Jackson, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 06–5999 Filed 7–5–06; 8:45 am] BILLING CODE 3510–DT–M DEPARTMENT OF COMMERCE Bureau of Industry and Security Action Affecting Export Privileges; NeiChien Chu (AKA ‘‘Pearl Li’’) In the Matter of: Nei-Chien Chu (aka ‘‘Pearl Li’’), 1132 Seagull Lane, Cherry Hill, NJ 08054, Respondent. Order Relating to Nei-Chien Chu (AKA ‘‘Pearl Li’’) The Bureau of Industry and Security, U.S. Department of Commerce (‘‘BIS’’ has notified Nei-Chien Chu (also known as and hereinafter referred to as ‘‘Pearl Li’’) of its intention to initiate an administrative proceeding against Pearl Li, Chief Executive Officer of Universal Technology, Inc., in her individual capacity, pursuant to section 766.3 of the Export Administration Regulations (currently codified at 15 CFR parts 730– 774 (2006)) (‘‘Regulations’’),1 and 1 The violations charged are alleged to have occurred from 2000 through 2004. The Regulations E:\FR\FM\06JYN1.SGM Continued 06JYN1

Agencies

[Federal Register Volume 71, Number 129 (Thursday, July 6, 2006)]
[Notices]
[Pages 38362-38363]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5999]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Terry Tengfang Li

    In the Matter of: Terry Tengfang Li, 1132 Seagull Lane, Cherry 
Hill, NJ 08054, Respondent.

Order Relating to Terry Tengfang Li (AKA ``Terry Li'')

    The Bureau of Industry and Security, U.S. Department of Commerce 
(``BIS'') has notified Terry Tengfang Li (hereinafter referred to as 
``Terry Li'') of its intention to initiate an administrative proceeding 
against Terry Li, President of Universal Technology, Inc., in his 
individual capacity, pursuant to section 766.3 of the Export 
Administration Regulations (currently codified at 15 CFR parts 730-774 
(2006)) (``Regulations''),\1\ and Section 13(c) of the Export 
Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420 
(2000)) (``Act'') \2\ by issuing a proposed

[[Page 38363]]

charging letter to Terry Li that alleged that Terry Li committed 49 
violations of the Regulations. Specifically, the charges are:
---------------------------------------------------------------------------

    \1\ The violations charged are alleged to have occurred from 
2000 through 2004. The Regulations governing the violations at issue 
are found in the 2000-2004 versions of the Code of Federal 
Regulations (15 CFR parts 730-774 (2000-2004)). The 2006 Regulations 
set forth 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 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)), as extended 
by the Notice of August 2, 2005 (70 FR 45273 (August 5, 2005)), has 
continued the Regulations in effect under the IEEPA.
---------------------------------------------------------------------------

    1. 17 Violations of 15 CFR 764.2(a)--Exporting Electronic 
Components to the People's Republic of China Without the Required 
Licenses: On 17 occasions, between on or about July 21, 2000 and on or 
about April 21, 2004, Terry Li engaged in conduct prohibited by the 
Regulations by exporting or causing to be exported electronic 
components classified under Export Control Classification Number 
(``ECCN'') 3A001 to the People's Republic of China (``PRC'') without 
the Department of Commerce (the ``Department'') licenses required by 
Section 742.4 of the Regulations.
    2. 17 Violations of 15 CFR 764.2(e)--Exporting Electronic 
Components to the People's Republic of China With Knowledge That 
Violations Would Occur: In connection with he transactions described 
above, Terry Li caused the export of electronic components to the PRC 
with knowledge that violations of the Regulations would occur. 
Specifically, Terry Li had knowledge that Department of Commerce 
licenses were required to export the electronic components from the 
United States to the PRC and Terry Li caused the export of the items 
with knowledge that such licenses would not be obtained.
    3. 15 Violations of 15 CFR 764.2(e)--False Statement on Shipper's 
Export Declarations Concerning Authority to Export: In connection with 
15 exports of electronic components subject to the regulations to the 
PRC described above, Terry Li made false statements to the U.S. 
Government in connection with the submission of export control 
documents. Specifically Terry Li filed or caused to be filed with the 
U.S. Government Shipper's Export Declarations stating that the exports 
did not require Department of Commerce licenses (``NLR'' or ``No 
License Required''). These statements were false because licenses were 
required to export these items.
    Whereas, BIS and Terry Li 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 of the terms of such Settlement Agreement; 
It is therefore ordered:
    First, that for a period of 20 years from the date of entry of this 
Order, Terry Tengfang Li (aka ``Terry Li''), 1132 Seagull Lane, Cherry 
Hill, NJ 08054, and when acting for or on behalf of Terry Li, his 
representatives, agents, assigns 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. Benefitting 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.
    Second, 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.
    Third, 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 Terry Li 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.
    Fourth, 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.
    Fifth, that the proposed charging letter, the Settlement Agreement, 
and this Order shall be made available to the public.
    Sixth, that this Order shall be served on the Denied Person, and 
shall be published in the Federal Register.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.

    Entered this 23rd day of June 2006.
Darryl Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 06-5999 Filed 7-5-06; 8:45 am]
BILLING CODE 3510-DT-M
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