Action Affecting Export Privileges; Mr. Qing Chang Jiang; In the Matter of:, 46210-46212 [07-4035]
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Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Notices
ebenthall on PRODPC61 with NOTICES
those amplifiers during the pendency of that
application. As such, EHI, at all relevant
times, knew that the items required a license
if exported to China and that no such license
would be obtained. In so doing, EHI
committed one violation of section 764.2(e)
of the Regulations.
Whereas, BIS and EHI have entered
into a Settlement Agreement pursuant to
section 766.18(b) of the Regulations
whereby they agreed to settle this matter
in accordance with the terms and
conditions set forth therein, and
Whereas, I have approved of the terms
of such Settlement Agreement; It is
Therefore Ordered:
First, that a civil penalty of $17,000 is
assessed against EHI, of which $500
shall be paid to the U.S. Department of
Commerce not later than November 1,
2007; $500 shall be paid to the U.S.
Department of Commerce not later than
February 1, 2008; $5,000 shall be paid
to the U.S. Department of Commerce not
later than May 1, 2008; and the balance
of $11,000 shall be paid to the U.S.
Department of Commerce not later than
August 1, 2008. Payment shall be made
in the manner specified in the attached
instructions.
Second, for a period of five years from
the date of entry of this Order, EHI
Group USA, Inc., 10677 C Rosewood
Road, Cupertino, CA 95014, its
successors or assigns, and when acting
for or on behalf of EHI, its
representatives, agents, officers or
employees (‘‘Denied Person’’) may not
participate, directly or indirectly, 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. Benefiting 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.
Third, that no person may, directly or
indirectly, do any of the following:
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15:36 Aug 16, 2007
Jkt 211001
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.
Fourth, 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 EHI 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.
Fifth, 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.
Sixth, that the charging letter, the
Settlement Agreement, this Order, and
the record of this case as defined by
Section 766.20 of the Regulations shall
be made available to the public.
Seventh, that the administrative law
judge shall be notified that this case is
withdrawn from adjudication.
Eighth, that this Order shall be served
on the Denied Person and on BIS, and
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Sfmt 4703
shall be published in the Federal
Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
Entered this 6th day of August, 2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 07–4036 Filed 8–16–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No.: 06–BIS–17]
Action Affecting Export Privileges; Mr.
Qing Chang Jiang; In the Matter of:
Mr. Qing Chang Jiang, 10677 C
Rosewood Road, Cupertino, CA 95014,
Respondent; Order Relating to Qing
Chang Jiang
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’)
has initiated an administrative
proceeding against Qing Chang Jiang
(‘‘Jiang’’) pursuant to Section 766.3 of
the Export Administration Regulations
(currently codified at 15 CFR Parts 730–
774 (2007)) (the ‘‘Regulations’’),1 and
Section 13(c) of the Export
Administration Act of 1979, as amended
(50 U.S.C. app. 2401–2420 (2000)) (the
‘‘Act’’),2 through issuance of a charging
letter to Jiang that alleged that Jiang
committed 3 violations of the
Regulations. Specifically, the charges
are:
Charge 1: 15 CFR 764.2(d)—Conspiracy to
Export Microwave Amplifiers to China
without the required Department of
Commerce License.
Beginning in or about September 2001 and
continuing into or about May 2002, Jiang
conspired and acted in concert with others,
known and unknown, to bring about or to do
an act that constitutes a violation of the
Regulations. Specifically, Jiang conspired to
export microwave amplifiers from the United
States to the People’s Republic of China
(‘‘China’’) without the required Department
of Commerce license. The goal of the
1 The violations alleged to have been committed
occurred in 2001 and 2002. The Regulations
governing the violations at issue are found in the
2001–2002 versions of the Code of Federal
Regulations (15 CFR parts 730–774 (2001–2002)).
The 2007 Regulations establish the procedures that
apply to this matter.
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)),
as extended by successive Presidential Notices, the
most recent being that of August 3, 2006 (71 FR
44,551 (Aug. 7, 2006)), has continued the
Regulations in effect under the International
Emergency Economic Power Act (50 U.S.C. 1701–
1706 (2000)).
E:\FR\FM\17AUN1.SGM
17AUN1
Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Notices
ebenthall on PRODPC61 with NOTICES
conspiracy was to obtain microwave
amplifiers on behalf of a Chinese end-user
and to export those microwave amplifiers to
China. In furtherance of the conspiracy, Jiang
acquired the microwave amplifiers from a
U.S. company and then exported them from
the United States to China. The microwave
amplifiers were items subject to the
Regulations and were classified under export
control classification number (‘‘ECCN’’)
3A001. Contrary to Section 742.4 of the
Regulations, no Department of Commerce
license was obtained for the export of
amplifiers from the United States to China.
In do doing, Jiang committed one violation of
Section 764.2(d) of the Regulations.
Charge 2: 15 CFR 764.2(a): Exporting
Microwave Amplifiers without the required
Department of Commerce License.
On or about May 22, 2002, Jiang engaged
in conduct prohibited by the Regulations by
exporting microwave amplifiers, items
subject to the Regulations and classified
under ECCN 3A001, from the Untied States
to China without obtaining a license from the
Department of Commerce as required by
Section 742.4 of the Regulations. In so doing,
Jiang committed one violation of Section
764.2(a) of the Regulations.
Charge 3: 15 CFR 764.2(e): Acting with
knowledge that a violation of the regulations
would occur.
In connection with the transaction
referenced about, Jiang ordered or transferred
microwave amplifiers that were to be
exported from the United States with
knowledge that a violation of the Regulations
would occur. Specifically, Jiang has
knowledge that a license was required for the
export of Jiang was advised by an individual
in China that the items in question were
classified as ECCN 3A001 and subject to U.S.
export regulations. Furthermore, Jiang had
knowledge of the Regulations, as Jiang has
met with officials from BIS on several
occasions to discuss the Regulations and the
export of microwave amplifiers to China. In
addition, Jiang submitted an export
application to the Department of Commerce
for the microwave amplifiers described above
and exported those amplifiers during the
pendency of that application. As such, Jiang,
at all relevant times, knew that the items
required a license if exported to China and
that no such license would be obtained. In
so doing, Jiang committed one violation of
Section 764.2(e) of the Regulations.
Whereas, BIS and Jiang have entered
into a Settlement Agreement pursuant to
Section 766.18(b) of the Regulations
whereby they agreed to settle this matter
in accordance with the terms and
conditions set forth therein, and
Whereas, I have approved of the terms
of such Settlement Agreement;
It Is Therefore Ordered:
First, that a civil penalty of $17,000 is
assessed against Jiang, of which $500
shall be paid to the U.S. Department of
Commerce not later than November 1,
2007; $500 shall be paid to the U.S.
Department of Commerce not later than
February 1, 2008; $5,000 shall be paid
to the U.S. Department of Commerce not
VerDate Aug<31>2005
15:36 Aug 16, 2007
Jkt 211001
later than May 1, 2008; and the balance
of $11,000 shall be paid to the U.S.
Department of Commerce not later than
August 1, 2008. Payment shall be made
in the manner specified in the attached
instructions.
Second, that, pursuant to the Debt
Collection Act of 1982, as amended (31
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,
Jiang 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 Jiang. Accordingly, if Jiang
should fail to pay the civil penalty in a
timely manner, the undersigned may
enter an Order denying all of Jiang’s
export privileges under the Regulations
for a period of one year from the date
of entry of this Order.
Fourth, that for a period of five years
from the date of entry of this Order,
Qing Chang Jiang, 10677 C Rosewood
Road, Cupertino, CA 95014, and, when
acting for or on behalf of Jiang, his
representatives, agents, assigns, or
employees, (‘‘Denied Person’’) may not
participate, directly or indirectly, 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. Benefiting 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.
Fifth, that no person may, directly or
indirectly, do any of the following:
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46211
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.
Sixth, 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 Jiang 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.
Seventh, 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.
Eighth, that the charging letter, the
Settlement Agreement, this Order, and
the record of this case as defined by
Section 766.20 of the Regulations shall
be made available to the public.
Ninth, that the administrative law
judge shall be notified that this case is
withdrawn from adjudication.
Tenth, that this Order shall be served
on the Denied Person and on BIS, and
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46212
Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Notices
shall be published in the Federal
Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
Dated: Entered this 6th day of August,
2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 07–4035 Filed 8–16–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
International Trade Administration
(A–427–818)
Low Enriched Uranium from France:
Rescission of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on the timely
withdrawal of the request for an
administrative review, the Department
of Commerce (the Department) is
rescinding the administrative review of
low enriched uranium from France for
the period February 1, 2006 through
January 31, 2007.
EFFECTIVE DATE: August 17, 2007.
FOR FURTHER INFORMATION CONTACT:
Douglas Kirby or Myrna Lobo, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington DC 20230;
telephone: (202) 482–3782 or (202) 482–
2371, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
ebenthall on PRODPC61 with NOTICES
Background
On February 2, 2007, the Department
published a notice of opportunity to
request an administrative review of the
antidumping duty order on low
enriched uranium from France. See
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review, 72 FR 5007
(February 2, 2007). On February 28,
2007, USEC Inc. and United States
Enrichment Corporation (petitioner)
timely requested that the Department
conduct an administrative review of
Eurodif S.A., AREVA NC, and AREVA
NC, Inc. (collectively Areva). On March
28, 2007, the Department published the
notice of initiation of the antidumping
duty administrative review of low
enriched uranium from France for the
period February 1, 2006 through January
VerDate Aug<31>2005
16:48 Aug 16, 2007
Jkt 211001
31, 2007. See Initiation of Antidumping
and Countervailing Duty Administrative
Reviews, 72 FR 14516 (March 28, 2007).
On June 26, 2007, petitioner withdrew
its request for this administrative review
with respect to the respondent, Areva.
Areva did not request an administrative
review for this period.
Rescission of Review
The Department’s regulations at
section 351.213(d)(1) provide that the
Department will rescind an
administrative review if the party that
requested the review withdraws its
request for review within 90 days of the
date of publication of the notice of
initiation of the requested review.
Petitioner withdrew its request for
review in a timely manner. Therefore,
the Department is rescinding the
administrative review of the
antidumping duty order on low
enriched uranium from France for the
period February 1, 2006 through January
31, 2007.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries for Eurodif S.A.,
AREVA NC, and AREVA NC, Inc.
Antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after
publication of this notice in the Federal
Register.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s assumption that
reimbursement of antidumping duties
occurred and subsequent assessment of
double antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
PO 00000
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Fmt 4703
Sfmt 4703
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: August 10, 2007.
Gary Taverman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–16230 Filed 8–16–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC09
Marine Mammals; File No. 10028
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
SUMMARY: Notice is hereby given that
Mystic Aquarium, 55 Coogan Boulevard,
Mystic, CT 06355 (Dr. Lisa Mazzaro,
Principal Investigator), has applied in
due form for a permit to obtain
stranded, releasable pinnipeds (up to
eight otariids and 20 phocids) from the
National Marine Mammal Stranding
Response Program for the purposes of
public display.
DATES: Written, telefaxed, or e-mail
comments must be received on or before
September 17, 2007.
ADDRESSES: The application and related
documents are available for review
upon written request or by appointment
in the following office(s):
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)427–2521; and
Northeast Region, NMFS, One
Blackburn Drive, Gloucester, MA
01930–2298; phone (978)281–9300; fax
(978)281–9394.
Written comments or requests for a
public hearing on this application
should be mailed to the Chief, Permits,
Conservation and Education Division,
F/PR1, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910. Those
individuals requesting a hearing should
set forth the specific reasons why a
E:\FR\FM\17AUN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Notices]
[Pages 46210-46212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4035]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No.: 06-BIS-17]
Action Affecting Export Privileges; Mr. Qing Chang Jiang; In the
Matter of: Mr. Qing Chang Jiang, 10677 C Rosewood Road, Cupertino, CA
95014, Respondent; Order Relating to Qing Chang Jiang
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS'') has initiated an administrative proceeding against Qing Chang
Jiang (``Jiang'') pursuant to Section 766.3 of the Export
Administration Regulations (currently codified at 15 CFR Parts 730-774
(2007)) (the ``Regulations''),\1\ and Section 13(c) of the Export
Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420
(2000)) (the ``Act''),\2\ through issuance of a charging letter to
Jiang that alleged that Jiang committed 3 violations of the
Regulations. Specifically, the charges are:
---------------------------------------------------------------------------
\1\ The violations alleged to have been committed occurred in
2001 and 2002. The Regulations governing the violations at issue are
found in the 2001-2002 versions of the Code of Federal Regulations
(15 CFR parts 730-774 (2001-2002)). The 2007 Regulations establish
the procedures that apply to this matter.
\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)), as extended by successive Presidential
Notices, the most recent being that of August 3, 2006 (71 FR 44,551
(Aug. 7, 2006)), has continued the Regulations in effect under the
International Emergency Economic Power Act (50 U.S.C. 1701-1706
(2000)).
Charge 1: 15 CFR 764.2(d)--Conspiracy to Export Microwave
Amplifiers to China without the required Department of Commerce
License.
Beginning in or about September 2001 and continuing into or
about May 2002, Jiang conspired and acted in concert with others,
known and unknown, to bring about or to do an act that constitutes a
violation of the Regulations. Specifically, Jiang conspired to
export microwave amplifiers from the United States to the People's
Republic of China (``China'') without the required Department of
Commerce license. The goal of the
[[Page 46211]]
conspiracy was to obtain microwave amplifiers on behalf of a Chinese
end-user and to export those microwave amplifiers to China. In
furtherance of the conspiracy, Jiang acquired the microwave
amplifiers from a U.S. company and then exported them from the
United States to China. The microwave amplifiers were items subject
to the Regulations and were classified under export control
classification number (``ECCN'') 3A001. Contrary to Section 742.4 of
the Regulations, no Department of Commerce license was obtained for
the export of amplifiers from the United States to China. In do
doing, Jiang committed one violation of Section 764.2(d) of the
Regulations.
Charge 2: 15 CFR 764.2(a): Exporting Microwave Amplifiers
without the required Department of Commerce License.
On or about May 22, 2002, Jiang engaged in conduct prohibited by
the Regulations by exporting microwave amplifiers, items subject to
the Regulations and classified under ECCN 3A001, from the Untied
States to China without obtaining a license from the Department of
Commerce as required by Section 742.4 of the Regulations. In so
doing, Jiang committed one violation of Section 764.2(a) of the
Regulations.
Charge 3: 15 CFR 764.2(e): Acting with knowledge that a
violation of the regulations would occur.
In connection with the transaction referenced about, Jiang
ordered or transferred microwave amplifiers that were to be exported
from the United States with knowledge that a violation of the
Regulations would occur. Specifically, Jiang has knowledge that a
license was required for the export of Jiang was advised by an
individual in China that the items in question were classified as
ECCN 3A001 and subject to U.S. export regulations. Furthermore,
Jiang had knowledge of the Regulations, as Jiang has met with
officials from BIS on several occasions to discuss the Regulations
and the export of microwave amplifiers to China. In addition, Jiang
submitted an export application to the Department of Commerce for
the microwave amplifiers described above and exported those
amplifiers during the pendency of that application. As such, Jiang,
at all relevant times, knew that the items required a license if
exported to China and that no such license would be obtained. In so
doing, Jiang committed one violation of Section 764.2(e) of the
Regulations.
Whereas, BIS and Jiang have entered into a Settlement Agreement
pursuant to Section 766.18(b) of the Regulations whereby they agreed to
settle this matter in accordance with the terms and conditions set
forth therein, and
Whereas, I have approved of the terms of such Settlement Agreement;
It Is Therefore Ordered:
First, that a civil penalty of $17,000 is assessed against Jiang,
of which $500 shall be paid to the U.S. Department of Commerce not
later than November 1, 2007; $500 shall be paid to the U.S. Department
of Commerce not later than February 1, 2008; $5,000 shall be paid to
the U.S. Department of Commerce not later than May 1, 2008; and the
balance of $11,000 shall be paid to the U.S. Department of Commerce not
later than August 1, 2008. Payment shall be made in the manner
specified in the attached instructions.
Second, that, pursuant to the Debt Collection Act of 1982, as
amended (31 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,
Jiang 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 Jiang. Accordingly, if Jiang
should fail to pay the civil penalty in a timely manner, the
undersigned may enter an Order denying all of Jiang's export privileges
under the Regulations for a period of one year from the date of entry
of this Order.
Fourth, that for a period of five years from the date of entry of
this Order, Qing Chang Jiang, 10677 C Rosewood Road, Cupertino, CA
95014, and, when acting for or on behalf of Jiang, his representatives,
agents, assigns, or employees, (``Denied Person'') may not participate,
directly or indirectly, 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. Benefiting 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.
Fifth, 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.
Sixth, 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 Jiang 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.
Seventh, 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.
Eighth, that the charging letter, the Settlement Agreement, this
Order, and the record of this case as defined by Section 766.20 of the
Regulations shall be made available to the public.
Ninth, that the administrative law judge shall be notified that
this case is withdrawn from adjudication.
Tenth, that this Order shall be served on the Denied Person and on
BIS, and
[[Page 46212]]
shall be published in the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effective immediately.
Dated: Entered this 6th day of August, 2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 07-4035 Filed 8-16-07; 8:45 am]
BILLING CODE 3510-DT-M
