Acton Affecting Export Privileges; Undivision Technology, Inc.; In the Matter of: Univision Technology, Inc., 764 Violet Circle, Naperville, IL 60540, Respondent; Order Relating to Univision Technology, Inc., 54465-54467 [06-7704]
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Federal Register / Vol. 71, No. 179 / Friday, September 15, 2006 / Notices
8950–01–E60–9456—2.5 oz.
8950–01–E60–9457—6.75 oz.
8950–01–E60–9458—10 oz.
8950–01–E60–9459—20 oz.
8950–01–E60–9460—28 oz.
Spice Blend, Chili Powder.
8950–01–E60–9461—16 oz.
8950–01–E60–9462—17 oz.
8950–01–E60–9463—18 oz.
8950–01–E60–9464—20 oz.
8950–01–E60–9465—5 lbs.
Spice Blend, Lemon Pepper.
8950–01–E60–9147—6–28 oz poly.
8950–01–E60–9466—26 oz.
8950–01–E60–9467—27 oz.
Spice, Cinnamon.
8950–01–E60–9150—Ground, 6–16 oz
poly.
8950–01–E60–9468—Maple Sprinkle, 30
oz.
8950–01–E60–9469—Ground, 15 oz.
8950–01–E60–9470—Ground, 18 oz.
8950–01–E60–9471—Ground, 5 lbs.
8950–01–E60–9472—Stick, whole, 8 oz.
NPA: Continuing Developmental Services,
Inc., Fairport, NY.
Contracting Activity: Defense Supply Center
Philadelphia, Philadelphia, PA.
Services
Service Type/Location: Grounds
Maintenance, Port Isabel Detention
Center, 27991 Buena Vista Road, Los
Fresnos, Texas.
NPA: Mavagi Enterprises, Inc., San Antonio,
Texas.
Contracting Activity: DHS Immigration
and Customs Enforcement, Dallas,
Texas.
jlentini on PROD1PC65 with NOTICES
Deletions
On July 21, 2006, the Committee for
Purchase From People Who Are Blind
or Severely Disabled published notice
(70 FR 41417) of proposed deletions to
the Procurement List.
After consideration of the relevant
matter presented, the Committee has
determined that the services listed
below are no longer suitable for
procurement by the Federal Government
under 41 U.S.C. 46–48c and 41 CFR 51–
2.4.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. The action may result in additional
reporting, recordkeeping or other
compliance requirements for small
entities.
2. The action may result in
authorizing small entities to furnish the
services to the Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in
connection with the services deleted
from the Procurement List.
VerDate Aug<31>2005
14:51 Sep 14, 2006
Jkt 208001
End of Certification
Accordingly, the following services
are deleted from the Procurement List:
Services
Service Type/Location: Custodial Services,
U.S. Border Patrol Station, U.S. Customs
House, I–29 at Canadian Border,
Pembina, North Dakota.
NPA: The Home Place Corporation, Grand
Forks, North Dakota.
Contracting Activity: GSA, PBS Region 8,
Denver, Colorado.
Service Type/Location: Parts Sorting,
McClellan Air Force Base, Sacramento,
California.
NPA: PRIDE Industries, Inc., Roseville,
California.
Contracting Activity: Department of the Air
Force.
Sheryl D. Kennerly,
Director, Information Management.
[FR Doc. E6–15316 Filed 9–14–06; 8:45 am]
BILLING CODE 6353–01–P
DEPARTMENT OF COMMERCE
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmosphere Administration (NOAA).
Title: Southeast Region Permit Family
of Forms.
Form Number(s): None.
OMB Approval Number: 0648–0205.
Type of Request: Regular submission.
Burden Hours: 15,670.
Number of Respondents: 16,820.
Average Hours per Response: Vessel
monitoring system (VMS) maintenance,
2 hours; VMS position reports, 14
minutes; dealer permit applications, 5
minutes; operator card applications, 1
hour; vessel permit applications and
endorsements, 20 minutes; rock shrimp
non-renewed endorsement requests, 2
hours; trap retrieval authorization
notification, 15 minutes; notification of
lost traps, 5 minutes; request for
observer, 5 minutes; live rock site
evaluation report, 45 minutes; shrimp
annual landings report, 5 minutes;
permit transfer notarization, 20 minutes;
shrimp moratorium basis of eligibility
for permit, 1 minute.
Needs and Uses: The participants in
the federally-regulated fisheries in the
Exclusive Economic Zone of the South
Atlantic, Gulf of Mexico, and Carribean
are required to obtain federal permits
under the existing permit program for
PO 00000
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54465
the specific Fishery Management Plans
of each region. NOAA Fisheries Service
needs information from the applications
and associated data collections to
identify fishing vessels/dealers/
participants, properly manage the
fisheries, and generate fishery-specific
data.
Affected Public: Business or other forprofit organizations.
Frequency: Annually and on occasion.
Respondent’s Obligation: Mandatory.
OMB Desk Officer: David Rostker,
(202) 395–3897.
Copies of the above information
collection proposal can be obtained by
calling or writing Diana Hynek,
Departmental Paperwork Clearance
Officer, (202) 482–0266, Department of
Commerce, Room 6625, 14th and
Constitution Avenue, NW., Washington,
DC 20230 (or via the Internet at
dHynek@doc.gov.)
Written comments and
recommendations for the proposal
information collection should be sent
within 30 days of publication of this
notice to David Rostker, OMB Desk
Officer, FAX number (202) 395–7285, or
David_Rostker@omb.eop.gov.
Dated: September 11, 2006.
Gwellnar, Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 06–7679 Filed 9–14–06; 8:45 am]
BILLING CODE 3510–22–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Acton Affecting Export Privileges;
Undivision Technology, Inc.; In the
Matter of: Univision Technology, Inc.,
764 Violet Circle, Naperville, IL 60540,
Respondent; Order Relating to
Univision Technology, Inc.
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’)
has notified Univision Technology, Inc.
(hereinafter referred to as ‘‘Univision’’)
of its intention to initiate an
administrative proceeding against
Univision 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))
1 The charged violations occurred between 2000
and 2002. The Regulations governing the violations
at issue are found in the 2000 through 2002
versions of the Code of Federal Regulations (15 CFR
parts 730–774 (2000–2002)). The 2006 Regulations
set forth the procedures that apply to this matter.
E:\FR\FM\15SEN1.SGM
15SEN1
54466
Federal Register / Vol. 71, No. 179 / Friday, September 15, 2006 / Notices
jlentini on PROD1PC65 with NOTICES
(‘‘Act’’),2 by issuing a proposed charging
letter to Univision that alleged that
Univision committed twelve violations
of the Regulations. Specifically, the
charges are:
Charges 1–5: 15 CFR 764.2(a):
Exporting Items Without the Required
Department of Commerce Licenses: On
five occasions between on or about
August 25, 2000, and on or about July
2001, Univision engaged in conduct
prohibited by the Regulations by
exporting electronic equipment,
including microwave transistors,
microwave amplifiers, and related
equipment, items subject to the
Regulations and classified under Export
Control Classification Number 3A001,
from the United States to the People’s
Republic of China (‘‘China’’), without
obtaining licenses from the Department
of Commerce as required by Section
742.4 of the Regulations. In so doing,
Univision committed five violations of
Section 764.2(b) of the Regulations.
Charges 6–10: 15 CFR 764.2(e): Acting
With Knowledge That a Violation of the
Regulations Was About to Occur: In
connection with the transactions
referenced in Charges One through Five
above, Univision ordered or transferred
items, including microwave transistors,
microwave amplifiers, and related
equipment, that were to be exported
from the United States with knowledge
that violations of the Regulations would
occur. Specifically, Univision was
informed by its suppliers and others
that the aforementioned items required
export licenses. As such, Univision, at
all relevant times, knew that the items
required licenses if exported to China
and that no such licenses would be
obtained. In doing so, Univision
committed five violations of Section
764.2(e) of the Regulations.
Charges 11–12: 15 CFR 764.2(a):
Failure to File Shipper’s Export
Declarations: On two occasions, through
on or about August 30, 2000, and on or
about September 21, 2000, in
connection with two exports to China of
2 From August 21, 1994 through November 12,
2000, the Act was in lapse. During that period, the
President, through Executive Order 12924, which,
itself, was 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 as reauthorized by Pub. L. 106–508 (114 Stat.
2360 (2000)) and it remained in effect through
August 20, 2001. The Act lapsed on August 21,
2001 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 3, 2006 (71 FR 44551 (August 7, 2006)), has
continued the Regulations in effect under the
IEEPA.
VerDate Aug<31>2005
14:51 Sep 14, 2006
Jkt 208001
items subject to the Regulations,
Univision refrained from engaging in
conduct required by the Regulations
when it failed to file Shipper’s Export
Declarations (‘‘SEDs’’) with the U.S.
Government. Section 758.1 of the
Regulations as in effect on the dates of
the applicable exports, required that
SEDs be filed with the U.S. Government
for the export of any item subject to the
Regulations valued at greater than
$2,500. The electronic equipment,
including microwave transistors,
microwave amplifiers, and related
equipment, described above each had a
value greater than $2,500. In failing to
file required SEDs, Univision committed
two violations of Section 764.2(a) of the
Regulations.
Whereas, BIS and Univision 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 for a period of ten years
from the date of entry of this Order,
Univision Technology, Inc. of 764 Violet
Circle, Naperville, IL 60540, its
successors or assigns, and when acting
for or on behalf of Univision, 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 export 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:
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
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 Univision 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.original 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 on BIS, and
shall be published in the Federal
Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
E:\FR\FM\15SEN1.SGM
15SEN1
Federal Register / Vol. 71, No. 179 / Friday, September 15, 2006 / Notices
jlentini on PROD1PC65 with NOTICES
Entered this 7th day of September 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 06–7704 Filed 9–14–06; 8:45 am]
Control Classification Number 3A001,
from the United States to the People’s
Republic of China (‘‘China’’), without
obtaining licenses from the Department
of Commerce as required by Section
742.4 of the Regulations. In so doing,
BILLING CODE 3510–DT–M
Zheng committed five violations of
Section 764.2(b) of the Regulations.
Charges 6–10: 15 CFR 764.2(e): Acting
DEPARTMENT OF COMMERCE
With Knowledge That a Violation of the
Regulations Was About To Occur: In
Bureau of Industry and Security
connection with the transactions
Action Affecting Export Privileges;
referenced in Charges One through Five
Zheng Zheng; In the Matter of: Zheng
above, Zheng ordered or transferred
Zheng, Univision Technology, Inc., 764 items, including microwave transistors,
Violet Circle, Naperville, IL 60540,
microwave amplifiers, and related
Respondent
equipment, that were to be exported
from the United States with knowledge
Order Relating to Zheng Zheng
that violations of the Regulations would
The Bureau of Industry and Security,
occur. Specifically, Zheng was informed
U.S. Department of Commerce (‘‘BIS’’)
by Univision’s suppliers and others that
has notified Zheng Zheng, President of
the aforementioned items required
Univision Technology, Inc.
export licenses. As such, Zheng, at all
(‘‘Univision’’), in her individual
relevant times, knew that the items
capacity (‘‘Zheng’’), of its intention to
required licenses if exported to China
initiate an administrative proceeding
and that no such licenses would be
against Zheng pursuant to Section 766.3 obtained. In so doing, Zheng committed
of the Export Administration
five violations of Section 764.2(e) of the
Regulations (currently codified at 15
Regulations.
Charge 11: 15 CFR 764.2(g): False
CFR parts 703–774 (2006))
Statement to a BIS Special Agent in the
(‘‘Regulations’’),1 and Section 13(c) of
Course of an Investigation: On or about
the Export Administration Act of 1979,
January 21, 2003, Zheng made a false or
as amended (50 U.S.C. app. §§ 2401–
misleading statement to officials of the
2402 (2000)) (‘‘Act’’),2 by issuing a
U.S. Government in the course of an
proposed charging letter to Zheng that
investigation conducted by BIS
alleged that Zheng committed 11
regarding the export of certain items to
violations of the Regulations.
China. Specifically, in the course of an
Specifically, the charges are:
Charges 1–5: 15 CFR 764.2(b): Causing interview conducted by agents from BIS,
Zheng represented that she had never
the Export of Items Without the
purchased or exported any items that
Required Department of Commerce
required an export license. This
Licenses: On five occasions between on
representation was false or misleading,
or about August 25, 2000, and on or
as Zheng had, on one or more occasions,
about July 2001, Zheng engaged in
arranged for the export of various
conduct prohibited by the Regulations
electronic components, items requiring
by causing the export of microwave
a Department of Commerce license for
transistors, microwave amplifiers, and
export to China. In so doing, Zheng
related equipment, items subject to the
Regulations and classified under Export committed one violation of Section
764.2(g) of the Regulations.
1 The charged violations occurred between 2000
Whereas, BIS and Zheng have entered
and 2003. The Regulations governing the violations
into a Settlement Agreement pursuant to
at issue are found in the 2000 through 2003
Section 766.18(a) of the Regulations
versions of the Code of Federal Regulations (15 CFR
whereby they agreed to settle this matter
parts 730–774 (2000–2003)). The 2006 Regulations
in accordance with the terms and
set forth the procedures that apply to this matter.
2 From August 21, 1994 through November 12,
conditions set forth therein; and
2000, the Act was in lapse. During that period, the
Whereas, I have approved of the terms
President, through Executive Order 12924, which
of such Settlement Agreement:
had been extended by successive Presidential
It is therefore ordered:
Notices, the last of which was August 3, 2000 ( 3
First, that a civil penalty of $288,150
CFR, 2000 Comp. 397 (2001)), continued the
Regulations in effect under the International
is assessed against Zheng, of which
Emergency Economic Powers Act (50 U.S.C. 1701–
$20,000 shall be paid to the U.S.
1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the
Department of Commerce within 30
Act was reauthorized and it remained in effect
days from the date of entry of this
through August 20, 2001. Since August 21, 2001,
the Act has been in lapse and the President, through Order; $20,000 shall be paid to the U.S.
Executive Order 13222 of August 17, 2001 (3 CFR,
Department of Commerce not later than
2001 Comp. 783 (2002)), as extended by the Notice
March 15, 2007; $20,000 shall be paid
of August 3, 2006 (71 FR 44,551 (August 7, 2006)),
to the U.S. Department of Commerce not
has continued the Regulations in effect under the
IEEPA.
later than September 15, 2007; $20,000
VerDate Aug<31>2005
14:51 Sep 14, 2006
Jkt 208001
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
54467
shall be paid to the U.S. Department of
Commerce not later than March 15,
2008; and $20,000 shall be paid to the
U.S. Department of Commerce not later
than September 15, 2008. Payment of
the remaining $188,150 shall be
suspended for a period of three years
and thereafter shall be waived, provided
that during the period of suspension,
Zheng has committed no violations of
the Act, or any regulation, order, or
license issued thereunder and Zheng
has made the payment of $100,000
described above in a timely manner.
Payment shall be made in the manner
specified in the attached instructions.
Second, that, pursuant to the Debt
Collection Act of 1982, as amended (3
U.S.C. 3701–3720E (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,
Zheng 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 Zheng. Accordingly, if Zheng
should fail to pay the civil penalty in a
timely manner, the undersigned may
enter an Order denying all of Zheng’s
export privileges under the Regulations
for a period of one year from the date
of entry of this Order.
Fourth, for a period of 10 years from
the date of entry of the Order, Zheng
Zheng, 764 Violet Circle, Naperville, IL
60540, and when acting for or on behalf
of Zheng, her 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
E:\FR\FM\15SEN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 179 (Friday, September 15, 2006)]
[Notices]
[Pages 54465-54467]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7704]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Acton Affecting Export Privileges; Undivision Technology, Inc.;
In the Matter of: Univision Technology, Inc., 764 Violet Circle,
Naperville, IL 60540, Respondent; Order Relating to Univision
Technology, Inc.
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS'') has notified Univision Technology, Inc. (hereinafter referred
to as ``Univision'') of its intention to initiate an administrative
proceeding against Univision 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))
[[Page 54466]]
(``Act''),\2\ by issuing a proposed charging letter to Univision that
alleged that Univision committed twelve violations of the Regulations.
Specifically, the charges are:
---------------------------------------------------------------------------
\1\ The charged violations occurred between 2000 and 2002. The
Regulations governing the violations at issue are found in the 2000
through 2002 versions of the Code of Federal Regulations (15 CFR
parts 730-774 (2000-2002)). 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, itself, was 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 as reauthorized by Pub.
L. 106-508 (114 Stat. 2360 (2000)) and it remained in effect through
August 20, 2001. The Act lapsed on August 21, 2001 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 3, 2006
(71 FR 44551 (August 7, 2006)), has continued the Regulations in
effect under the IEEPA.
---------------------------------------------------------------------------
Charges 1-5: 15 CFR 764.2(a): Exporting Items Without the Required
Department of Commerce Licenses: On five occasions between on or about
August 25, 2000, and on or about July 2001, Univision engaged in
conduct prohibited by the Regulations by exporting electronic
equipment, including microwave transistors, microwave amplifiers, and
related equipment, items subject to the Regulations and classified
under Export Control Classification Number 3A001, from the United
States to the People's Republic of China (``China''), without obtaining
licenses from the Department of Commerce as required by Section 742.4
of the Regulations. In so doing, Univision committed five violations of
Section 764.2(b) of the Regulations.
Charges 6-10: 15 CFR 764.2(e): Acting With Knowledge That a
Violation of the Regulations Was About to Occur: In connection with the
transactions referenced in Charges One through Five above, Univision
ordered or transferred items, including microwave transistors,
microwave amplifiers, and related equipment, that were to be exported
from the United States with knowledge that violations of the
Regulations would occur. Specifically, Univision was informed by its
suppliers and others that the aforementioned items required export
licenses. As such, Univision, at all relevant times, knew that the
items required licenses if exported to China and that no such licenses
would be obtained. In doing so, Univision committed five violations of
Section 764.2(e) of the Regulations.
Charges 11-12: 15 CFR 764.2(a): Failure to File Shipper's Export
Declarations: On two occasions, through on or about August 30, 2000,
and on or about September 21, 2000, in connection with two exports to
China of items subject to the Regulations, Univision refrained from
engaging in conduct required by the Regulations when it failed to file
Shipper's Export Declarations (``SEDs'') with the U.S. Government.
Section 758.1 of the Regulations as in effect on the dates of the
applicable exports, required that SEDs be filed with the U.S.
Government for the export of any item subject to the Regulations valued
at greater than $2,500. The electronic equipment, including microwave
transistors, microwave amplifiers, and related equipment, described
above each had a value greater than $2,500. In failing to file required
SEDs, Univision committed two violations of Section 764.2(a) of the
Regulations.
Whereas, BIS and Univision 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 for a period of ten years from the date of entry of
this Order, Univision Technology, Inc. of 764 Violet Circle,
Naperville, IL 60540, its successors or assigns, and when acting for or
on behalf of Univision, 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 export 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 Univision 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.-original 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 on
BIS, and shall be published in the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effective immediately.
[[Page 54467]]
Entered this 7th day of September 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 06-7704 Filed 9-14-06; 8:45 am]
BILLING CODE 3510-DT-M
