Action Affecting Export Privileges; Stephen Lincoln, 18203-18204 [07-1778]

Download as PDF Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices required to provide matching funds, in the form of cash or committed funding, in an amount at least equal to the RCDI grant. Estimate of Burden: Public reporting burden for this collection of information is estimated to average 1.4 hours per response. Respondents: Intermediaries and recipients. Estimated Number of Respondents: 1,055. Estimated Number of Responses per Respondent: 2,405. Estimated Number of Responses: 2.3. Estimated Total Annual Burden on Respondents: 3,389. Copies of this information collection can be obtained from Renita Bolden, Regulations and Paperwork Management Branch, at (202) 692–0035. Comments cprice-sewell on PRODPC61 with NOTICES 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 Agency’s estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (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 on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to Renita Bolden, Regulations and Paperwork Management Branch, U.S. Department of Agriculture, Rural Development, STOP 0742, 1400 Independence Ave., SW., Washington, DC 20250. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Dated: April 4, 2007. Russell T. Davis, Administrator, Rural Housing Service. [FR Doc. E7–6775 Filed 4–10–07; 8:45 am] BILLING CODE 3410–15–P VerDate Aug<31>2005 17:04 Apr 10, 2007 Jkt 211001 DEPARTMENT OF COMMERCE Foreign–Trade Zones Board (Docket 13–2007) Foreign–Trade Zone 173 Grays Harbor, Washington, Manufacturing Authority, Imperium Renewables, Inc., (Biodiesel) Aberdeen and Hoquiam, Washington An application has been submitted to the Foreign–Trade Zones Board (the Board) by the Port of Grays Harbor, grantee of FTZ 173, requesting manufacturing authority on behalf of Imperium Renewables, Inc. (IRI), within FTZ 173 in Aberdeen and Hoquiam, Washington. The application was submitted pursuant to the provisions of the Foreign–Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the Board (15 CFR part 400). It was formally filed on April 4, 2007. The IRI facility (70 employees) is located within Site 1 of FTZ 173, at the Port of Grays Harbor Industrial area. The facility will be used for the manufacturing and storage of biodiesel and glycerin (HTS duty rate ranges from duty–free- 4.6%). Components and materials sourced from abroad (representing 70% of the value of the finished product) include: soybean oil, sunflower oil, safflower oil, cottonseed oil, rape oil, colza oil, mustard oil and rapeseed oil (duty rate ranges from 1.7¢+3.4% to 19.1%). FTZ procedures would exempt IRI from customs duty payments on the foreign components used in export production. The company anticipates that some 20 percent of the plant’s shipments will be exported. On its domestic sales, IRI would be able to choose the duty rate during customs entry procedures that apply to finished biodiesel and the glycerin byproduct for the foreign inputs noted above. The request indicates that the savings from FTZ procedures would help improve the plant’s international competitiveness. In accordance with the Board’s regulations, a member of the FTZ staff has been appointed examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is June 11, 2007. Rebuttal comments in response to material submitted during the foregoing period PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 18203 may be submitted during the subsequent 15-day period to June 25, 2007. A copy of the application will be available for public inspection at each of the following locations: U.S. Department of Commerce Export Assistance Center, 2601 Fourth Avenue, Suite 310, Seattle, WA 98121. Office of the Executive Secretary, Foreign–Trade Zones Board, U.S. Department of Commerce, Room 2814B, 1401 Constitution Ave. NW, Washington, DC 20230. For further information, contact Elizabeth Whiteman at ElizabethlWhiteman@ita.doc.gov or (202) 482–0473. Dated: April 4, 2007. Andrew McGilvray, Executive Secretary. [FR Doc. E7–6872 Filed 4–10–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE Bureau of Industry and Security Action Affecting Export Privileges; Stephen Lincoln In the Matter of: Stephen Lincoln, 21 Durrell Drive, Rugby, Warwickshire, England CV22 7GW; Respondent. Order Relating to Stephen Lincoln The Bureau of Industry and Security, U.S. Department of Commerce (‘‘BIS’’) has notified Stephen Lincoln (hereinafter referred to as ‘‘Lincoln’’) of its intention to initiate an administrative proceeding against Lincoln 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 charging letter to Lincoln that alleged that Lincoln committed two violations of the Regulations. Specially, the charges are: 1 The violations charged occurred in 2003. The Regulations governing the violations at issue are found in the 2003 version of the Code of Federal Regulations (15 CFR parts 730–774 (2003)). The 2006 Regulations govern the procedural aspects of the case. 2 Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 2, 2006 (71 Fed. Reg. 44,551 (Aug. 7, 2006)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701–1706 (2000)) (‘‘IEEPA’’). E:\FR\FM\11APN1.SGM 11APN1 18204 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices Charge 1 15 CFR 764.2(a)— Reexporting Item to Iran Without the Required U.S. Government Authorization On one occasion in June 2003, Lincoln engaged in conduct prohibited by the Regulations by reexporting a system containing specialized software (‘‘system’’), an item subject to the Regulations (ECCN 3 5D002), from the United Kingdom (‘‘UK’’) to Iran without the required U.S. Government authorization. Pursuant to Section 746.7(a)(2)(ii) of the Regulations, the reexport of the system to Iran required a license from BIS. Pursuant to Section 746.7(a)(3), in order to comply with the provisions of the EAR, transactions subject to both the EAR and the Iranian Transactions Regulations 4 maintained by the Office of Foreign Assets Control, U.S. Department of the Treasury (‘‘OFAC’’), require OFAC authorization. The reexport of the system to Iran required authorization from OFAC pursuant to 31 CFR. Part 560.205, and no such authorization was obtained. In failing to obtain such authorization from OFAC, Lincoln committed one violation of Section 764.2(a) of the Regulations. cprice-sewell on PRODPC61 with NOTICES Charge 2 15 CFR 764.2(e)—Unlicensed Transfer of Item to Iran Knowing That a Violation of the Regulations Would Occur In connection with the reexport transaction described above, Lincoln transferred a system, an item subject to the Regulations, from the UK to Iran knowing that a violation of the Regulations would occur. At all times relevant thereto, Lincoln knew that the system required authorization from the U.S. Government for reexport from the UK to Iran and that authorization for the reexport would not be obtained. Specifically, Lincoln received instructions in 2002 from Buehler United Kingdom’s parent company, Buehler Limited, that items such as the system which contain specialized software could not be sold to Iran from any Buehler locations. He was also made aware that selling such items to Iran was barred by U.S. law. In so doing, Lincoln committed one violation of Section 764.2(e) of the Regulations. Whereas, BIS and Lincoln 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 3 ‘‘ECCN’’ refers to ‘‘Export Control Classification Number.’’ See Supp. 1 to 15 CFR 774. 4 The Iranian Transactions Regulations are currently codified in the Code of Federal Regulations at 31 CFR part 560 (2006). VerDate Aug<31>2005 15:09 Apr 10, 2007 Jkt 211001 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 seven years from the date of entry of this Order, Stephen Lincoln, 21 Durrell Drive, Rugby, Warwickshire, England CV22 7GW, and when acting for or on behalf of Lincoln, his representatives, assigns, or agents (‘‘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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 Lincoln 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 on BIS, and shall be published in the Federal Register. This Order, which constitutes the final agency action in this matter, is effective immediately. Entered this 2nd day of April 2007. Darryl W. Jackson, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 07–1778 Filed 4–10–07; 8:45 am] BILLING CODE 3510–DT–M DEPARTMENT OF COMMERCE International Trade Administration (A–485–806) Certain Hot–Rolled Carbon Steel Flat Products from Romania: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 23, 2006, the Department of Commerce published the preliminary results of the antidumping duty administrative review of certain AGENCY: E:\FR\FM\11APN1.SGM 11APN1

Agencies

[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Notices]
[Pages 18203-18204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1778]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Stephen Lincoln

    In the Matter of: Stephen Lincoln, 21 Durrell Drive, Rugby, 
Warwickshire, England CV22 7GW; Respondent.

Order Relating to Stephen Lincoln

    The Bureau of Industry and Security, U.S. Department of Commerce 
(``BIS'') has notified Stephen Lincoln (hereinafter referred to as 
``Lincoln'') of its intention to initiate an administrative proceeding 
against Lincoln 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 charging letter to Lincoln that alleged that 
Lincoln committed two violations of the Regulations. Specially, the 
charges are:
---------------------------------------------------------------------------

    \1\ The violations charged occurred in 2003. The Regulations 
governing the violations at issue are found in the 2003 version of 
the Code of Federal Regulations (15 CFR parts 730-774 (2003)). The 
2006 Regulations govern the procedural aspects of the case.
    \2\ Since August 21, 2001, the Act has been in lapse and the 
President, through Executive Order 13222 of August 17, 2001 (3 CFR, 
2001 comp. 783 (2002)), which has been extended by successive 
Presidential Notices, the most recent being that of August 2, 2006 
(71 Fed. Reg. 44,551 (Aug. 7, 2006)), has continued the Regulations 
in effect under the International Emergency Economic Powers Act (50 
U.S.C. 1701-1706 (2000)) (``IEEPA'').

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

[[Page 18204]]

Charge 1 15 CFR 764.2(a)--Reexporting Item to Iran Without the Required 
U.S. Government Authorization

    On one occasion in June 2003, Lincoln engaged in conduct prohibited 
by the Regulations by reexporting a system containing specialized 
software (``system''), an item subject to the Regulations (ECCN \3\ 
5D002), from the United Kingdom (``UK'') to Iran without the required 
U.S. Government authorization. Pursuant to Section 746.7(a)(2)(ii) of 
the Regulations, the reexport of the system to Iran required a license 
from BIS. Pursuant to Section 746.7(a)(3), in order to comply with the 
provisions of the EAR, transactions subject to both the EAR and the 
Iranian Transactions Regulations \4\ maintained by the Office of 
Foreign Assets Control, U.S. Department of the Treasury (``OFAC''), 
require OFAC authorization. The reexport of the system to Iran required 
authorization from OFAC pursuant to 31 CFR. Part 560.205, and no such 
authorization was obtained. In failing to obtain such authorization 
from OFAC, Lincoln committed one violation of Section 764.2(a) of the 
Regulations.
---------------------------------------------------------------------------

    \3\ ``ECCN'' refers to ``Export Control Classification Number.'' 
See Supp. 1 to 15 CFR 774.
    \4\ The Iranian Transactions Regulations are currently codified 
in the Code of Federal Regulations at 31 CFR part 560 (2006).
---------------------------------------------------------------------------

Charge 2 15 CFR 764.2(e)--Unlicensed Transfer of Item to Iran Knowing 
That a Violation of the Regulations Would Occur

    In connection with the reexport transaction described above, 
Lincoln transferred a system, an item subject to the Regulations, from 
the UK to Iran knowing that a violation of the Regulations would occur. 
At all times relevant thereto, Lincoln knew that the system required 
authorization from the U.S. Government for reexport from the UK to Iran 
and that authorization for the reexport would not be obtained. 
Specifically, Lincoln received instructions in 2002 from Buehler United 
Kingdom's parent company, Buehler Limited, that items such as the 
system which contain specialized software could not be sold to Iran 
from any Buehler locations. He was also made aware that selling such 
items to Iran was barred by U.S. law. In so doing, Lincoln committed 
one violation of Section 764.2(e) of the Regulations.
    Whereas, BIS and Lincoln 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 seven years from the date of entry of 
this Order, Stephen Lincoln, 21 Durrell Drive, Rugby, Warwickshire, 
England CV22 7GW, and when acting for or on behalf of Lincoln, his 
representatives, assigns, or agents (``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 Lincoln 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 on 
BIS, and shall be published in the Federal Register.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.

    Entered this 2nd day of April 2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 07-1778 Filed 4-10-07; 8:45 am]
BILLING CODE 3510-DT-M