Action Affecting Export Privileges; Materials International, Inc., 13084-13085 [07-1334]
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13084
Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Notices
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
acquistion 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
Regulatiosn 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.
III. 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 Lachman 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.
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
November 18, 2015.
VI. In accordance with Part 756 of the
Regulations, Lachman may file an
appeal of this Order with the Under
VerDate Aug<31>2005
15:08 Mar 19, 2007
Jkt 211001
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.
VII. A copy of this Order shall be
delivered to Lachman. This Order shall
be published in the Federal Register.
Dated: March 12, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07–1336 Filed 3–19–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Materials International, Inc.
In the Matter of: Materials
International, Inc., 289 Great Road,
Unit 103, Acton, MA 01720,
Respondent; Order Denying Export
Privileges
A. Denial of Export Privileges of
Materials International, Inc.
On November 18, 2005, in the U.S.
District Court in the District of
Massachusetts, Materials International,
Inc. (‘‘MI’’) 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. Specifically, MI was convicted
of knowingly exporting and causing to
be exported from the United States to
India, a controlled commodity, to wit, a
component, accessory and controls for
an isostatic press, that is, a control panel
which consisted of, among other things,
an operating control cabinet, a power/
pressure control cabinet, and digital
controllers and recorder, without having
first obtained the required export
license from the U.S. Department of
Commerce.
In addition to the violation of the Act,
the MI was convicted of conspiring to
violate the Act in violation of 18 U.S.C.
371 (2000). MI paid a special assessment
of $400.
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
1 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 3, 2006 (71 FR
44551, Aug. 7, 2006), has continued the Regulations
in effect under the International Emergency
Economic Powers Act (50 U.S.C. 1701–1706 (2000))
(‘‘IEEPA’’).
2 The Regulations are currently codified at 15 CFR
Parts 730–774 (2006).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
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 * * * Act,’’
for a period not to exceed 10 years from
the date of conviction. 15 CFR 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
his conviction.
I have received notice of the MI’s
conviction for violating the Act, and I,
following consultations with the Export
Enforcement, including the Director,
Office of Export Enforcement, have
decided to deny the MI’s export
privileges under the Regulations for a
period of 10 years from the date of its
conviction. Due to exceptional
circumstances, this Order is being
issued without prior notice or
opportunity to respond.
Accordingly, it is hereby
Ordered
I. Until November 18, 2015, Materials
International, Inc., 289 Great Road, Unit
103, Acton, MA 01720, its successors or
assigns, and when acting for or on
behalf of MI, 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. 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 Denied Person any item subject to
the Regulations;
E:\FR\FM\20MRN1.SGM
20MRN1
pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Notices
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.
III. 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 MI 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.
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
November 18, 2015.
VI. In accordance with Part 756 of the
Regulations, MI 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.
VII. A copy of this Order shall be
delivered to MI. This Order shall be
published in the Federal Register.
VerDate Aug<31>2005
15:08 Mar 19, 2007
Jkt 211001
Dated: March 12, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07–1334 Filed 3–19–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Maurice Subilia
In the Matter of: Maurice Subilia, 17
Oakwood Road, Kennebunkport, ME
04046; Respondent; Order Denying
Export Privileges
A. Denial of Export Privileges of
Maurice Subilia
On November 18, 2005, in the U.S.
District Court in the District of
Massachusetts, Maurice Subilia
(‘‘Subilia’’) 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. Specifically, Subilia was
convicted of knowingly exporting and
causing to be exported from the United
States to India, a controlled commodity,
to wit, a component, accessory and
controls for an isostatic press, that is, a
control panel which consisted of, among
other things, an operating control
cabinet, a power/pressure control
cabinet, and digital controllers and
recorder, without having first obtained
the required export license from the
U.S. Department of Commerce.
In addition to the violation of the Act,
the Subilia was convicted of conspiring
to violate the Act in violation of 18
U.S.C. 371(2000) and aiding and
abetting in violation of 18 U.S.C. 2
(2000). Subilia was ordered to serve six
months community confinement, and
one year home confinement followed by
one and one half years probation, as
well as a $250,000 fine.
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 * * * Act, ’’
1 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 3, 2006 (71 FR
44551, Aug. 7, 2006), has continued the Regulations
in effect under the International Emergency
Economic Powers Act (50 U.S.C. 1701–1706(2000))
(‘‘IEEPA’’).
2 The Regulations are currently codified at 15 CFR
Parts 730–774 (2006).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
13085
for a period not to exceed 10 years from
the date of conviction. 15 CFR 766.25(a)
and (b). 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
his conviction.
I have received notice of the Subilia’s
conviction for violating the Act, and I,
following consultations with the Export
Enforcement, including the Director,
Office of Export Enforcement, have
decided to deny the Subilia’s export
privileges under the Regulations for a
period of 10 years from the date of his
conviction. Due to exceptional
circumstances, this Order is being
issued without prior notice or
opportunity to respond.
Accordingly, it is hereby
Ordered
I. Until November 18, 2015, Maurice
Subilia, 17 Oakwood Road,
Kennebunkport, ME 04046, his
successors or assigns, and when acting
for or on behalf of Subilia, his 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. Benefitting in any way from any
transaction involving any item exported
to 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
E:\FR\FM\20MRN1.SGM
20MRN1
]]>Agencies
[Federal Register Volume 72, Number 53 (Tuesday, March 20, 2007)]
[Notices]
[Pages 13084-13085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1334]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Materials International, Inc.
In the Matter of: Materials International, Inc., 289 Great Road, Unit
103, Acton, MA 01720, Respondent; Order Denying Export Privileges
A. Denial of Export Privileges of Materials International, Inc.
On November 18, 2005, in the U.S. District Court in the District of
Massachusetts, Materials International, Inc. (``MI'') 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\.
Specifically, MI was convicted of knowingly exporting and causing to be
exported from the United States to India, a controlled commodity, to
wit, a component, accessory and controls for an isostatic press, that
is, a control panel which consisted of, among other things, an
operating control cabinet, a power/pressure control cabinet, and
digital controllers and recorder, without having first obtained the
required export license from the U.S. Department of Commerce.
---------------------------------------------------------------------------
\1\ 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 3, 2006
(71 FR 44551, Aug. 7, 2006), has continued the Regulations in effect
under the International Emergency Economic Powers Act (50 U.S.C.
1701-1706 (2000)) (``IEEPA'').
---------------------------------------------------------------------------
In addition to the violation of the Act, the MI was convicted of
conspiring to violate the Act in violation of 18 U.S.C. 371 (2000). MI
paid a special assessment of $400.
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 * * *
Act,'' for a period not to exceed 10 years from the date of conviction.
15 CFR 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 his conviction.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified at 15 CFR Parts 730-
774 (2006).
---------------------------------------------------------------------------
I have received notice of the MI's conviction for violating the
Act, and I, following consultations with the Export Enforcement,
including the Director, Office of Export Enforcement, have decided to
deny the MI's export privileges under the Regulations for a period of
10 years from the date of its conviction. Due to exceptional
circumstances, this Order is being issued without prior notice or
opportunity to respond.
Accordingly, it is hereby
Ordered
I. Until November 18, 2015, Materials International, Inc., 289
Great Road, Unit 103, Acton, MA 01720, its successors or assigns, and
when acting for or on behalf of MI, 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. 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 Denied Person any item
subject to the Regulations;
[[Page 13085]]
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.
III. 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 MI 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.
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 November 18, 2015.
VI. In accordance with Part 756 of the Regulations, MI 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.
VII. A copy of this Order shall be delivered to MI. This Order
shall be published in the Federal Register.
Dated: March 12, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07-1334 Filed 3-19-07; 8:45 am]
BILLING CODE 3510-DT-M
