Action Affecting Export Privileges: DMA Med-Chem Corporation; In the Matter of DMA Med-Chem Corporation, Case No. 02-10, 7526-7527 [08-521]

Download as PDF pwalker on PROD1PC71 with NOTICES 7526 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / 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 to the Territory, 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 to the Territory; 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 to the Territory; 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 to the Territory, 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 to the Territory. For the purposes of this paragraph, service means installation, maintenance, repair, modification or testing. Fourth, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any person, firm, corporation or business organization related to the Denied Person by affiliation, ownership, control or position of responsibility in the conduct or trade or related services may also be made subject to the provisions of this Order. Fifth, 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 the U.S.origin technology. Sixth, the Proposed Charging Letter, the Settlement Agreement and this Order shall be made available to the public, and a copy of 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. VerDate Aug<31>2005 17:11 Feb 07, 2008 Jkt 214001 Entered this 14th day of January, 2008. Darryl W. Jackson, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 08–522 Filed 2–7–08; 8:45 am] BILLING CODE 3510–DT–M DEPARTMENT OF COMMERCE Bureau of Industry and Security Action Affecting Export Privileges: DMA Med-Chem Corporation; In the Matter of DMA Med-Chem Corporation, Case No. 02–10 Order The Office of Antiboycott Compliance, Bureau of Industry and Security, U.S. Department of Commerce (‘‘BIS’’), having determined to initiate an administrative proceeding pursuant to Section 11(c) of the Export Administration Act of 1979, as amended (50 U.S.C. 2401–2420 (2000)) (the ‘‘Act’’) 1 and the Export Administration Regulations (currently codified as 15 CFR Parts 730–774 (2007)) (the ‘‘Regulations’’), against DMA Med-Chem Corporation (‘‘DMA’’), a domestic concern, based on allegations set forth in the Proposed Charging Letter, dated April 17, 2006, that alleged that DMA committed one violation of the Regulations; Specifically, the charge is: 1. One Violation of 15 CFR 760.2(d)— Furnishing Information about Business Relationships with Boycotted Countries or Blacklisted Persons: During the year 2001, DMA engaged in a transaction involving the sale and/or transfer of goods or services (including information) from the United States to Syria. In connection with these activities, on one occasion, DMA, with intent to comply with, further or support an unsanctioned foreign boycott, furnished information concerning its or another person’s business relationships with or in a boycotted country, an activity 1 From August 21, 1994 through November 12, 2000, the Act was in lapse. During that period, the President, through Executive Order 12924, which had been extended by successive Presidential Notices, the last of which was August 3, 2000 (3 CFR, 2000 Comp. 397 (2001)), continued the Regulations in effect under the Internal Emergency Economic Powers Act (50 U.S.C. 1701–1706 (2000)) (IEEPA). On November 13, 2000, the Act was reauthorized by Pub. L. No. 106–508 (114 Stat. 2360 (2000)) and remained in effect through August 20, 2001. Since August 21, 2001, the Act has been in lapse. Executive Order 13222 of August 17, 2001 (3 CFR 2001 Comp 783 (2002)), which has been extended by successive Presidential Notices, the most recent of which was August 15, 2007 (72 FR 46137 (August 16, 2007)), continues the Regulations in effect under IEEPA. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 prohibited by Section 760.2(d) of the Regulations, and not excepted. BIS and DMA having entered into a Settlement Agreement pursuant to Section 766.18(a) of the Regulations whereby the parties have agreed to settle this matter in accordance with the terms and conditions set forth therein and the terms of the Settlement Agreement having been approved by me; It is therefore ordered that: First, a civil penalty of $2,400 is assessed against DMA. Payment shall be suspended for a period of two years from the date of entry of this Order and thereafter shall be waived, provided that, during the period of suspension, DMA has committed no violation of the Act and Regulations or any order issued thereunder. Second, for a period of two years from the date of entry of this Order, DMA Med-Chem Corporation (Great Neck, New York) (‘‘Denied Person’’) may not participate, directly or indirectly, in any way in any transaction involving any commodity, software or technology (collectively, ‘‘item’’) exported or to be exported from the United States to Bahrain, Iraq, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia, Syria, the United Arab Emirates or the Republic of Yemen (collectively, the ‘‘Territory’’) that is subject to the Regulations, or in any other activity relating to the Territory that is subject to the Regulations, including, but not limited to: A. Applying for, obtaining, or using any license, License Exception, or export control document, relating to the Territory. B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, other otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States to the Territory that is subject to the Regulations, or in any other activity relating to the Territory 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 to the Territory that is subject to the Regulations, or in any other activity relating to the Territory subject to the Regulations. Third, 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 from the United States to the Territory; B. Take any action that facilitates the acquisition or attempted acquisition by E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Notices pwalker on PROD1PC71 with NOTICES 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 to the Territory, 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 to the Territory; D. Obtain from the Denied Person in the Untied 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 to the Territory; 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 to the Territory, 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 to the Territory. For purposes of this paragraph, service means installation, maintenance, repair, modification or testing. Fourth, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any person, firm, corporation or business organization related to the Denied person 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, 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, the Proposed Charging Letter, the Settlement Agreement and this order shall be made available to the public, and a a copy of 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 14th day of January, 2008. Darryl W. Jackson, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 08–521 Filed 2–7–08; 8:45 am] BILLING CODE 3510–DT–M VerDate Aug<31>2005 17:11 Feb 07, 2008 Jkt 214001 7527 Materials Technical Advisory Committee; Notice of Partially Closed Meeting The Materials Technical Advisory Committee will meet on February 21, 2008, 10 a.m., Herbert C. Hoover Building, Room 3884, 14th Street between Constitution & Pennsylvania Avenues, NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to materials and related technology. premature disclosure of which would likely frustrate the implementation of a proposed agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482–2813. Dated: February 5, 2008. Yvette Springer, Committee Liaison Officer. [FR Doc. E8–2370 Filed 2–7–08; 8:45 am] DEPARTMENT OF COMMERCE Bureau of Industry and Security Agenda 1. Opening Remarks and Introduction. 2. Report of Composite Working group and ECCN review subgroup. 3. Change of date of Australia Group Plenary to mid April 2008. 4. Export Control Directive issued by President George W. Bush on January 22, 2008. 5. Public comments from teleconference and physical attendees. 6. Any other business. 7. Comments from Teleconferences. Closed Session 8. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yspringer@bis.doc.gov no later than February 14, 2008. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. Written statements may be submitted at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the materials should be forwarded prior to the meeting to Ms. Springer via e-mail. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on January 22, 2008, pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, that the portion of the meeting dealing with matters the Frm 00022 DEPARTMENT OF COMMERCE International Trade Administration Public Session PO 00000 BILLING CODE 3510–JT–P Fmt 4703 Sfmt 4703 [FA–437–804, A–471–806, C–437–805] Sulfanilic Acid From Hungary and Portugal: Final Results of Sunset Reviews and Revocation of Orders Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 1, 2007, the Department of Commerce (‘‘the Department’’) published in the Federal Register the notice of initiation of the five-year sunset reviews of the antidumping duty orders on sulfanilic acid from Hungary and Portugal and the countervailing duty order on sulfanilic acid from Hungary, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). Because the domestic interested party has withdrawn its participation and substantive responses in these sunset reviews, the Department is revoking these antidumping and countervailing duty orders. DATES: Effective Date: November 8, 2007. AGENCY: FOR FURTHER INFORMATION CONTACT: Devta Ohri or Brandon Farlander, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3853 or (202) 482–0182, respectively. SUPPLEMENTARY INFORMATION: Background On November 8, 2002, the Department issued antidumping duty orders on sulfanilic acid from Hungary and Portugal (67 FR 68100) and a countervailing duty order on sulfanilic acid from Hungary (67 FR 68101). On October 1, 2007, the Department E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 73, Number 27 (Friday, February 8, 2008)]
[Notices]
[Pages 7526-7527]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-521]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges: DMA Med-Chem Corporation; In 
the Matter of DMA Med-Chem Corporation, Case No. 02-10

Order

    The Office of Antiboycott Compliance, Bureau of Industry and 
Security, U.S. Department of Commerce (``BIS''), having determined to 
initiate an administrative proceeding pursuant to Section 11(c) of the 
Export Administration Act of 1979, as amended (50 U.S.C. 2401-2420 
(2000)) (the ``Act'') \1\ and the Export Administration Regulations 
(currently codified as 15 CFR Parts 730-774 (2007)) (the 
``Regulations''), against DMA Med-Chem Corporation (``DMA''), a 
domestic concern, based on allegations set forth in the Proposed 
Charging Letter, dated April 17, 2006, that alleged that DMA committed 
one violation of the Regulations;
---------------------------------------------------------------------------

    \1\ From August 21, 1994 through November 12, 2000, the Act was 
in lapse. During that period, the President, through Executive Order 
12924, which had been extended by successive Presidential Notices, 
the last of which was August 3, 2000 (3 CFR, 2000 Comp. 397 (2001)), 
continued the Regulations in effect under the Internal Emergency 
Economic Powers Act (50 U.S.C. 1701-1706 (2000)) (IEEPA). On 
November 13, 2000, the Act was reauthorized by Pub. L. No. 106-508 
(114 Stat. 2360 (2000)) and remained in effect through August 20, 
2001. Since August 21, 2001, the Act has been in lapse. Executive 
Order 13222 of August 17, 2001 (3 CFR 2001 Comp 783 (2002)), which 
has been extended by successive Presidential Notices, the most 
recent of which was August 15, 2007 (72 FR 46137 (August 16, 2007)), 
continues the Regulations in effect under IEEPA.
---------------------------------------------------------------------------

    Specifically, the charge is:
    1. One Violation of 15 CFR 760.2(d)--Furnishing Information about 
Business Relationships with Boycotted Countries or Blacklisted Persons: 
During the year 2001, DMA engaged in a transaction involving the sale 
and/or transfer of goods or services (including information) from the 
United States to Syria. In connection with these activities, on one 
occasion, DMA, with intent to comply with, further or support an 
unsanctioned foreign boycott, furnished information concerning its or 
another person's business relationships with or in a boycotted country, 
an activity prohibited by Section 760.2(d) of the Regulations, and not 
excepted.
    BIS and DMA having entered into a Settlement Agreement pursuant to 
Section 766.18(a) of the Regulations whereby the parties have agreed to 
settle this matter in accordance with the terms and conditions set 
forth therein and the terms of the Settlement Agreement having been 
approved by me;
    It is therefore ordered that:
    First, a civil penalty of $2,400 is assessed against DMA. Payment 
shall be suspended for a period of two years from the date of entry of 
this Order and thereafter shall be waived, provided that, during the 
period of suspension, DMA has committed no violation of the Act and 
Regulations or any order issued thereunder.
    Second, for a period of two years from the date of entry of this 
Order, DMA Med-Chem Corporation (Great Neck, New York) (``Denied 
Person'') may not participate, directly or indirectly, in any way in 
any transaction involving any commodity, software or technology 
(collectively, ``item'') exported or to be exported from the United 
States to Bahrain, Iraq, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi 
Arabia, Syria, the United Arab Emirates or the Republic of Yemen 
(collectively, the ``Territory'') that is subject to the Regulations, 
or in any other activity relating to the Territory that is subject to 
the Regulations, including, but not limited to:
    A. Applying for, obtaining, or using any license, License 
Exception, or export control document, relating to the Territory.
    B. Carrying on negotiations concerning, or ordering, buying, 
receiving, using, selling, delivering, storing, disposing of, 
forwarding, transporting, financing, other otherwise servicing in any 
way, any transaction involving any item exported or to be exported from 
the United States to the Territory that is subject to the Regulations, 
or in any other activity relating to the Territory 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 to the Territory that 
is subject to the Regulations, or in any other activity relating to the 
Territory subject to the Regulations.
    Third, 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 from the United States to the Territory;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by

[[Page 7527]]

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 to the Territory, 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 to the 
Territory;
    D. Obtain from the Denied Person in the Untied 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 to 
the Territory; 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 to 
the Territory, 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 to the Territory. For purposes of this 
paragraph, service means installation, maintenance, repair, 
modification or testing.
    Fourth, after notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any person, firm, corporation or 
business organization related to the Denied person 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, 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, the Proposed Charging Letter, the Settlement Agreement and 
this order shall be made available to the public, and a a copy of 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 14th day of January, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 08-521 Filed 2-7-08; 8:45 am]
BILLING CODE 3510-DT-M
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