Action Affecting Export Privileges; Asher Karni; Pakland PME Corporation and Humayun Khan; In the Matter of: Asher Karni, Federal Inmate Registration Number: 32338-016, Fort Dix FCI, Fort Dix, NJ 08640, Respondent: and Pakland PME Corporation, Unit 7&8, 2nd Floor, Mohammadi Plaza, Jinnah Avenue, Blue Area, F-6/4, Islamabad-44000, Pakistan; Humayun Khan, Unit 7&8, 2nd Floor, Mohammadi Plaza, Jinnah Avenue, Bule Area, F-64, Islamabad-44000, Pakistan, Related Persons; Order Denying Export Privileges, 44612-44614 [06-6716]
Download as PDF
44612
Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Notices
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at DHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument(s) and instructions should
be directed to Shannon Burnett, U.S.
Census Bureau, FOB 3, Room 3340,
Washington, DC 20233–8400, at (301)
763–3806.
sroberts on PROD1PC70 with NOTICES
SUPPLEMENTARY INFORMATION
I. Abstract
The Census Bureau plans to request
clearance for the collection of data
concerning the Annual Social and
Economic Supplement (ASEC), formerly
known as the Annual Demographic
Survey, to be conducted in conjunction
with the February, March, and April
CPS. The Census Bureau has conducted
this supplement annually for over 50
years. The Census Bureau, the Bureau of
Labor Statistics, and the Department of
Health and Human Services sponsor
this supplement.
In the ASEC, we collect information
on work experience, personal income,
noncash benefits, health insurance
coverage, and migration. The work
experience items in the ASEC provide a
unique measure of the dynamic nature
of the labor force as viewed over a oneyear period. These items produce
statistics that show movements in and
out of the labor force by measuring the
number of periods of unemployment
experienced by people, the number of
different employers worked for during
the year, the principal reasons for
unemployment, and part-/full-time
attachment to the labor force. We can
make indirect measurements of
discouraged workers and others with a
casual attachment to the labor market.
The income data from the ASEC are
used by social planners, economists,
government officials, and market
researchers to gauge the economic wellbeing of the country as a whole and
selected population groups of interest.
Government planners and researchers
use these data to monitor and evaluate
the effectiveness of various assistance
programs. Market researchers use these
data to identify and isolate potential
customers. Social planners use these
data to forecast economic conditions
and to identify special groups that seem
to be especially sensitive to economic
fluctuations. Economists use ASEC data
to determine the effects of various
economic forces, such as inflation,
recession, recovery, and so on, and their
differential effects on various
population groups.
A prime statistic of interest is the
classification of people in poverty and
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17:19 Aug 04, 2006
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how this measurement has changed over
time for various groups. Researchers
evaluate ASEC income data not only to
determine poverty levels but also to
determine whether government
programs are reaching eligible
households.
Congressional passage of the State
Children’s Health Insurance Program
(SCHIP), or Title XXI, led to a mandate
from Congress, in 1999, that the sample
size for the CPS, and specifically the
ASEC, be increased to a level whereby
more reliable estimates can be derived
for the number of individuals
participating in this program at the state
level. By administering the ASEC in
February, March, and April, rather than
only in March as in the past, we have
been able to achieve this goal. The total
number of respondents has not been
upwardly affected by this change.
II. Method of Collection
The ASEC information will be
collected by both personal visit and
telephone interviews in conjunction
with the regular February, March and
April CPS interviewing. All interviews
are conducted using computer-assisted
interviewing.
III. Data
OMB Number: 0607–0354.
Form Number: There are no forms.
We conduct all interviewing on
computers.
Type of Review: Regular.
Affected Public: Individuals or
households.
Estimated Number of Respondents:
78,000.
Estimated Time Per Response: 25
minutes.
Estimated Total Annual Burden
Hours: 32,500.
Estimated Total Annual Cost: There
are no costs to the respondents other
than their time to answer the CPS
questions.
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13, United
States Code, Section 182; and Title 29,
United States Code, Sections 1–9.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information will have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
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on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: August 1, 2006.
Madeleine Clayton,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E6–12709 Filed 8–4–06; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Asher Karni; Pakland PME Corporation
and Humayun Khan; In the Matter of:
Asher Karni, Federal Inmate
Registration Number: 32338–016, Fort
Dix FCI, Fort Dix, NJ 08640,
Respondent: and Pakland PME
Corporation, Unit 7&8, 2nd Floor,
Mohammadi Plaza, Jinnah Avenue,
Blue Area, F–6/4, Islamabad-44000,
Pakistan; Humayun Khan, Unit 7&8,
2nd Floor, Mohammadi Plaza, Jinnah
Avenue, Bule Area, F–64, Islamabad44000, Pakistan, Related Persons;
Order Denying Export Privileges
A. Denial of Export Privileges of Asher
Karni
On August 4, 2005, in the U.S. District
Court in the District of Columbia, Asher
Karni (‘‘Karni’’ or ‘‘Respondent’’) was
convicted of violating the Export
Administration Act of 1979, as amended
(currently codified at 50 U.S.C. app.
§§ 2401–2420 (2000)) (the ‘‘Act’’).1
Karni was found guilty of willfully
exporting and attempting to export two
oscilloscopes and triggered spark gaps
from the United States to Pakistan via
South Africa without having first
obtained the required export licenses
from the Department of Commerce.
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,
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
IEEPA.
E:\FR\FM\07AUN1.SGM
07AUN1
Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Notices
sroberts on PROD1PC70 with NOTICES
Karni was sentenced to three years
imprisonment and two years of
supervised release following
imprisonment. He is scheduled to be
released on August 12, 2006.
Section 11(h) of the Act and Section
766.25 of the Export Administration
Regulations (‘‘Regulations’’) 2 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 * * * the
Act,’’ for a period not to exceed 10 years
from the date of conviction. 15 CFR
Sections 766.25(a) and (d). In addition,
section 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 this conviction.
I have received notice of Karni’s
conviction for violating the Act, and
have provided notice and an
opportunity for Karni to make a written
submission to the Bureau of Industry
and Security as provided in section
766.25 of the Regulations. I have also
received a written submission from
Karni and have decided, following
consultations with the Office of Export
Enforcement, including its Director, to
deny Karni’s export privileges under the
Regulations for a period of 10 years from
the date of Karni’s conviction.
B. Denial of Export Privileges of Related
Persons
In addition, pursuant to Sections
766.25(h) and 766.23 of the Regulations,
the Director, Office of Exporter Services,
in consultation with the Director, Office
of Export Enforcement, may take action
to name persons related to the
Respondent by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business in order to prevent evasion
of the Order. I gave notice to Parkland
PME Corporation (‘‘Pakland’’) and
Humayun Khan (‘‘Khan’’) by Federal
Express, notifying them that their export
privileges under the Regulations could
be denied for up to 10 years as BIS
believes that these entities are related to
Karni and including them in the Karni
Order is necessary to prevent evasion.
The basis for naming these entities to
the Karni order include the fact that
Karni, and his company, Top Cape
Technology, acted in concert with Khan
and Pakland to divert U.S. origin goods
to Pakistan.
Having received no submission from
Khan and Pakland, I have decided,
2 The Regulations are currently codified at 15 CFR
Parts 730–744 (2006).
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17:19 Aug 04, 2006
Jkt 208001
following consultations with the Office
of Export Enforcement, including its
Director, to name Khan and Pakland as
related persons to the Karni Denial
Order, thereby denying their export
privileges for 10 years from the date of
Karni’s conviction.
I have also decided to revoke all
licenses issued pursuant to the Act or
Regulations in which Karni, Khan and
Pakland had an interest at the time of
Karni’s conviction. The 10-year denial
period ends on August 4, 2015.
Accordingly, it is hereby Ordered:
I. Until August 4, 2015, Asher Karni,
Federal Inmate Registration Number:
32338–016, Fort Dix FCI, Fort Dix, NJ
08640, and when acting for or on his
behalf, his employees, agents or
representatives, (‘‘the Denied Person’’)
and the following persons related to the
Denied Person as defined by Section
766.23 of the Regulations, Pakland PME
Corporation, Unit 7&8, 2nd Floor,
Mohammadi Plaza, Jinnah Avenue, Blue
Area, F–6/4, Islamabad–44000, Pakistan
and Humayun Khan, Unit 7&8, 2nd
Floor, Mohammadi Plaza, Jinnah
Avenue, Blue Area, F–6/4, Islamabad–
44000, Pakistan, and when acting for or
on their behalf, their employees, agents
or representatives, (‘‘The Related
Persons’’) (together, the Denied Person
and the Related Persons are ‘‘Persons
Subject To This Order’’) 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.
II. No person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Persons Subject To This Order
any item subject to the Regulations;
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44613
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Persons Subject To This Order 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 Persons Subject
To This Order 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 Persons Subject To
This Order of any item subject to the
Regulations that has been exported from
the United States;
D. Obtain from the Persons Subject To
This Order 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 Persons
Subject To This Order, or service any
item, of whatever origin, that is owned,
possessed or controlled by the Persons
Subject To This Order 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.
III. In addition to the Related Persons
named above, after notice and
opportunity for comment as provided in
section 766.23 of the Regulations, any
other person, firm, corporation, or
business organization related to Karni
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 this
Order if necessary to prevent evasion of
the Order.
IV. 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 foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until August
4, 2015.
VI. In accordance with Part 756 of the
Regulations, Karni may file an appeal of
this Order with the Under Secretary of
Commerce for Industry and Security.
The appeal must be filed within 45 days
from the date of this Order and must
comply with the provisions of Part 756
of the Regulations.
E:\FR\FM\07AUN1.SGM
07AUN1
44614
Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Notices
VII. In accordance with Section
766.23(c), Khan and Pakland may file an
appeal with the Administrative Law
Judge.
VIII. A copy of this Order shall be
delivered to Karni and the Related
Persons. This Order shall be published
in the Federal Register.
Dated: August 1, 2006.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 06–6716 Filed 8–4–06; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 071306I ]
Endangered Species; Permit Nos.
1579, 1555, and 1545
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; Issuance of permits.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: Notice is hereby given that
the following groups have been issued
scientific research or enhancement
permits to take shortnose sturgeon
(Acipenser brevirostrum):
Alden Research Laboratory, Inc.
(Edward P. Taft, Responsible Party), 30
Shrewsbury Street, Holden, MA 01520
(Permit No. 1579);
David J. Stier, Springfield Science
Museum, 220 State Street, Springfield,
MA 01103 (Permit No. 1555); and
North Carolina Zoological Park (John
D. Groves, Principal Investigator), 4401
Zoo Parkway, Asheboro, NC 27205
(Permit No. 1545).
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the following offices:
All documents: Permits, Conservation
and Education Division, Office of
Protected Resources, NMFS, 1315 EastWest Highway, Room 13705, Silver
Spring, MD 20910; phone (301)713–
2289; fax (301)427–2521;
For Permit Nos. 1579 and 1555:
Northeast Region, NMFS, One
Blackburn Drive, Gloucester, MA
01930–2298; phone (978)281–9328; fax
(978)281–9394; and
For Permit No. 1545: Southeast
Region, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701; phone
(727)824–5312; fax (727)824–5309.
FOR FURTHER INFORMATION CONTACT: Kate
Swails or Jennifer Skidmore at
(301)713–2289.
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17:19 Aug 04, 2006
Jkt 208001
The
requested permits have been issued
under the authority of the Endangered
Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.) and the
regulations governing the taking,
importing, and exporting of endangered
and threatened species (50 CFR parts
222–226).
Permit No. 1579: On May 26, 2006,
notice was published in the Federal
Register (71 FR 30385) that a request for
a scientific research permit to take
shortnose sturgeon had been submitted
by Alden Research Laboratory, Inc.
Alden will perform research on
entrainment and impingement rates for
selected bar rack and bypass
configurations in attempt to identify
design criteria for a downstream passage
facility at the Hadley Falls Hydroelectric
Project on the Connecticut River. The
applicant will use captive-bred sturgeon
and all testing will take place in the
Alden Lab testing flume. During the first
year of the permit up to 70 sturgeon will
be transported from hatcheries,
measured, handled, Passive Integrated
Transponder tagged, and participate in
the flume testing. During the remaining
four years up to 200 sturgeon will
participate in the study annually. At the
end of the five-year study the sturgeon
will be sacrificed.
Permit Nos. 1555 and 1545: On
November 4, 2005 and November 10,
2005, notice was published in the
Federal Register (70 FR 67141 and 70
FR 68398) that requests for
enhancement permits to take shortnose
sturgeon had been submitted by David
Steir and the North Carolina Zoological
Park (John D. Groves, Principal
Investigator), respectively. Mr. Steir will
obtain and use five captive-bred, nonreleaseable juvenile shortnose sturgeon
from the Silvio O. Conte Anadramous
Fish Research Center in Turners Falls,
MA. The North Carolina Zoological Park
will use ten captive-bred, nonreleaseable shortnose sturgeon from the
U.S. Fish and Wildlife Service’s Warm
Springs National Fish Hatchery for the
purposes of educational display. The
proposed projects to display endangered
cultured shortnose sturgeon respond
directly to a recommendation from the
NMFS recovery plan outline for this
species. These sturgeon displays will be
used to increase public awareness of the
shortnose sturgeon and its status. The
proposed projects will educate the
public on shortnose sturgeon life history
and the reasons for the species decline.
The permits are issued for 5 years.
Issuance of these permits, as required
by the ESA, was based on a finding that
these permits (1) Were applied for in
good faith, (2) will not operate to the
SUPPLEMENTARY INFORMATION:
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Frm 00010
Fmt 4703
Sfmt 4703
disadvantage of such endangered or
threatened species, and (3) are
consistent with the purposes and
policies set forth in section 2 of the
ESA.
Dated: August 1, 2006.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E6–12755 Filed 8–4–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 060725202–6202✖ I.D. No.
072006D]
Endangered and Threatened Wildlife;
90–Day Finding for a Petition To List
the Cook Inlet Beluga Whale as an
Endangered Species
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice of 90–day petition
finding.
AGENCY:
We (NMFS) announce a 90–
day finding on a petition to list the Cook
Inlet beluga whale as an endangered
species under the Endangered Species
Act (ESA). We find that the petition
presents substantial scientific or
commercial information indicating that
the petitioned action may be warranted.
DATES: The finding announced in this
document was made on August 7, 2006.
ADDRESSES: Requests for copies of the
petition should be addressed to NMFS,
Protected Resources Division, 709 West
9th Street, Box 21668, Juneau, AK
99802–1668. The petition may also be
viewed on our Web site at https://
www.fakr.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Brad
Smith, NMFS, 222 West 7th Avenue,
Anchorage, AK 99517, telephone (907)
271–5006, fax (907) 271–3030; Kaja
Brix, NMFS, (907)586–7235, fax (907)
586–7012; or Marta Nammack, NMFS,
(301)713ndash;1401.
SUPPLEMENTARY INFORMATION: On April
20, 2006, we received a petition from
Trustees For Alaska to list the Cook
Inlet beluga whale as endangered under
the ESA. Section 4(b)(3)(A) of the ESA
requires, to the maximum extent
practicable, that within 90 days of
receipt of a petition to designate a
species as threatened or endangered, the
Secretary of Commerce (Secretary) make
a finding on whether that petition
SUMMARY:
E:\FR\FM\07AUN1.SGM
07AUN1
Agencies
[Federal Register Volume 71, Number 151 (Monday, August 7, 2006)]
[Notices]
[Pages 44612-44614]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6716]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Asher Karni; Pakland PME
Corporation and Humayun Khan; In the Matter of: Asher Karni, Federal
Inmate Registration Number: 32338-016, Fort Dix FCI, Fort Dix, NJ
08640, Respondent: and Pakland PME Corporation, Unit 7&8, 2nd Floor,
Mohammadi Plaza, Jinnah Avenue, Blue Area, F-6/4, Islamabad-44000,
Pakistan; Humayun Khan, Unit 7&8, 2nd Floor, Mohammadi Plaza, Jinnah
Avenue, Bule Area, F-64, Islamabad-44000, Pakistan, Related Persons;
Order Denying Export Privileges
A. Denial of Export Privileges of Asher Karni
On August 4, 2005, in the U.S. District Court in the District of
Columbia, Asher Karni (``Karni'' or ``Respondent'') was convicted of
violating the Export Administration Act of 1979, as amended (currently
codified at 50 U.S.C. app. Sec. Sec. 2401-2420 (2000)) (the
``Act'').\1\ Karni was found guilty of willfully exporting and
attempting to export two oscilloscopes and triggered spark gaps from
the United States to Pakistan via South Africa without having first
obtained the required export licenses from the Department of Commerce.
[[Page 44613]]
Karni was sentenced to three years imprisonment and two years of
supervised release following imprisonment. He is scheduled to be
released on August 12, 2006.
---------------------------------------------------------------------------
\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. Sec. Sec. 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 IEEPA.
---------------------------------------------------------------------------
Section 11(h) of the Act and Section 766.25 of the Export
Administration Regulations (``Regulations'') \2\ 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 * * *
the Act,'' for a period not to exceed 10 years from the date of
conviction. 15 CFR Sections 766.25(a) and (d). In addition, section
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 this conviction.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified at 15 CFR Parts 730-
744 (2006).
---------------------------------------------------------------------------
I have received notice of Karni's conviction for violating the Act,
and have provided notice and an opportunity for Karni to make a written
submission to the Bureau of Industry and Security as provided in
section 766.25 of the Regulations. I have also received a written
submission from Karni and have decided, following consultations with
the Office of Export Enforcement, including its Director, to deny
Karni's export privileges under the Regulations for a period of 10
years from the date of Karni's conviction.
B. Denial of Export Privileges of Related Persons
In addition, pursuant to Sections 766.25(h) and 766.23 of the
Regulations, the Director, Office of Exporter Services, in consultation
with the Director, Office of Export Enforcement, may take action to
name persons related to the Respondent by ownership, control, position
of responsibility, affiliation, or other connection in the conduct of
trade or business in order to prevent evasion of the Order. I gave
notice to Parkland PME Corporation (``Pakland'') and Humayun Khan
(``Khan'') by Federal Express, notifying them that their export
privileges under the Regulations could be denied for up to 10 years as
BIS believes that these entities are related to Karni and including
them in the Karni Order is necessary to prevent evasion. The basis for
naming these entities to the Karni order include the fact that Karni,
and his company, Top Cape Technology, acted in concert with Khan and
Pakland to divert U.S. origin goods to Pakistan.
Having received no submission from Khan and Pakland, I have
decided, following consultations with the Office of Export Enforcement,
including its Director, to name Khan and Pakland as related persons to
the Karni Denial Order, thereby denying their export privileges for 10
years from the date of Karni's conviction.
I have also decided to revoke all licenses issued pursuant to the
Act or Regulations in which Karni, Khan and Pakland had an interest at
the time of Karni's conviction. The 10-year denial period ends on
August 4, 2015.
Accordingly, it is hereby Ordered:
I. Until August 4, 2015, Asher Karni, Federal Inmate Registration
Number: 32338-016, Fort Dix FCI, Fort Dix, NJ 08640, and when acting
for or on his behalf, his employees, agents or representatives, (``the
Denied Person'') and the following persons related to the Denied Person
as defined by Section 766.23 of the Regulations, Pakland PME
Corporation, Unit 7&8, 2nd Floor, Mohammadi Plaza, Jinnah Avenue, Blue
Area, F-6/4, Islamabad-44000, Pakistan and Humayun Khan, Unit 7&8, 2nd
Floor, Mohammadi Plaza, Jinnah Avenue, Blue Area, F-6/4, Islamabad-
44000, Pakistan, and when acting for or on their behalf, their
employees, agents or representatives, (``The Related Persons'')
(together, the Denied Person and the Related Persons are ``Persons
Subject To This Order'') 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.
II. No person may, directly or indirectly, do any of the following:
A. Export or reexport to or on behalf of the Persons Subject To
This Order any item subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Persons Subject To This Order 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 Persons
Subject To This Order 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 Persons Subject To This Order of any
item subject to the Regulations that has been exported from the United
States;
D. Obtain from the Persons Subject To This Order 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 Persons Subject To
This Order, or service any item, of whatever origin, that is owned,
possessed or controlled by the Persons Subject To This Order 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.
III. In addition to the Related Persons named above, after notice
and opportunity for comment as provided in section 766.23 of the
Regulations, any other person, firm, corporation, or business
organization related to Karni 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 this Order if necessary
to prevent evasion of the Order.
IV. 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.
V. This Order is effective immediately and shall remain in effect
until August 4, 2015.
VI. In accordance with Part 756 of the Regulations, Karni may file
an appeal of this Order with the Under Secretary of Commerce for
Industry and Security. The appeal must be filed within 45 days from the
date of this Order and must comply with the provisions of Part 756 of
the Regulations.
[[Page 44614]]
VII. In accordance with Section 766.23(c), Khan and Pakland may
file an appeal with the Administrative Law Judge.
VIII. A copy of this Order shall be delivered to Karni and the
Related Persons. This Order shall be published in the Federal Register.
Dated: August 1, 2006.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 06-6716 Filed 8-4-06; 8:45 am]
BILLING CODE 3510-DT-M