Action Affecting Export Privileges; Winter Aircraft Products SA and Ana Belen Diaz Sanchez; Order Making Denial of Export Privileges Applicable to Related Person, 31675-31677 [E8-12292]
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Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Notices
cannot serve the specific use involved,
and when the activity results in a
significant public benefit and is in the
public interest;
Whereas, the Iowa Foreign–Trade
Zone Corporation, grantee of FTZ 107,
has made application to the Board for
authority to establish a special–purpose
subzone for the manufacture of
packaging and food–processing
equipment at the facility of SACMI
USA, Ltd., located in Urbandale, Iowa
(FTZ Docket 40–2007, filed 8–23–07);
Whereas, notice inviting public
comment was given in the Federal
Register (72 FR 49699, 8/29/07); and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied, and
that approval of the application is in the
public interest;
Now, therefore, the Board hereby
grants authority for subzone status for
activity related to packaging and food–
processing equipment manufacturing at
the facility of SACMI USA, Ltd., located
in Urbandale, Iowa (Subzone 107B), as
described in the application and
Federal Register notice, and subject to
the FTZ Act and the Board’s regulations,
including Section 400.28.
Signed at Washington, DC, this 20th
day of May 2008.
David M. Spooner,
Assistant Secretary of Commercefor Import
Administration, Alternate Chairman,
Foreign–Trade Zones Board.
Attest:
Pierre Duy,
Acting Executive Secretary.
[FR Doc. E8–12397 Filed 6–2–08; 8:45 am]
David M. Spooner,
Assistant Secretary of Commercefor Import
Administration, Alternate Chairman,
Foreign–Trade Zones Board.
Attest:
Pierre Duy,
Acting Executive Secretary.
[FR Doc. E8–12393 Filed 6–2–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
Order No. 1561
Grant of Authority for Subzone Status,
SPAL USA, INC. (Vehicle Parts
Distribution and Processing), Ankeny,
Iowa
ebenthall on PRODPC60 with NOTICES
Pursuant to its authority under the
Foreign–Trade Zones Act of June, 18, 1934,
as amended (19 U.S.C. 81a–81u), the
Foreign–Trade Zones Board (the Board)
adopts the following Order:
Whereas, the Foreign–Trade Zones
Act provides for ‘‘ the establishment of
foreign–trade zones in ports of entry of
the United States, to expedite and
encourage foreign commerce, and for
other purposes,’’ and authorized the
Foreign–Trade Zones Board to grant to
qualified corporations the privilege of
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16:07 Jun 02, 2008
Jkt 214001
establishing foreign–trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board’s regulations (15
CFR Part 400) provide for the
establishment of special–purpose
subzones when existing zone facilities
cannot serve the specific use involved,
and when the activity results in a
significant public benefit and is in the
public interest;
Whereas, the Iowa Foreign–Trade
Zone Corporation, grantee of Foreign–
Trade Zone 107, has made application
to the Board for authority to establish a
special–purpose subzone for the vehicle
parts distribution and processing
(kitting) facility of SPAL USA, Inc.,
located in Ankeny, Iowa (FTZ Docket
42–2007, filed 8/23/07);
Whereas, notice inviting public
comment was given in the Federal
Register (72 FR 50326, 8/31/07); and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied, and
that approval of the application is in the
public interest;
Now, therefore, the Board hereby
grants authority for subzone status for
activity related to the vehicle parts
distribution and processing (kitting)
facility of SPAL USA, Inc., located in
Ankeny, Iowa (Subzone 107C), as
described in the application and
Federal Register notice, and subject to
the FTZ Act and the Board’s regulations,
including Section 400.28.
Signed at Washington, DC, this 20th
day of May 2008.
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
Order No. 1559
Reissuance of the Grant of Authority
for Subzone 66C, Unifi, Inc.,
Yadkinville, North Carolina, (Docket
47–2007)
Pursuant to its authority under the
Foreign–Trade Zones Act of June 18,
1934, as amended (19 U.S.C. 81a–81u),
the Foreign–Trade Zones Board (the
Board) adopts the following Order:
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31675
After consideration of the request
with supporting documents (filed 9/18/
2007) from the North Carolina
Department of Commerce, grantee of
FTZ 66, for the reissuance of the
subzone grant of authority for the Unifi,
Inc. facility in Yadkinville, North
Carolina to the Piedmont Triad
Partnership, Greensboro, North
Carolina, grantee of Foreign–Trade Zone
230, which has joined in the request, the
Board, finding that the requirements of
the Foreign–Trade Zones Act, as
amended, and the Board’s regulations
are satisfied, and that the proposal is in
the public interest, approves the request
and recognizes the Piedmont Triad
Partnership as the new grantee of the
Unifi, Inc. Subzone, which is hereby
redesignated as Subzone 230B.
The approval is subject to the FTZ Act
and the FTZ Board’s regulations,
including Section 400.28.
Signed at Washington, DC, this 20th
day of May 2008
David M. Spooner,
Assistant Secretary of Commercefor Import
Administration, Alternate Chairman,
Foreign–Trade Zones Board.
Attest:
Pierre V. Duy,
Acting Executive Secretary.
[FR Doc. E8–12398 Filed 6–2–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Winter Aircraft Products SA and Ana
Belen Diaz Sanchez; Order Making
Denial of Export Privileges Applicable
to Related Person
In the Matter of:
Winter Aircraft Products SA
a/k/a Ruf S. Lopez SA, C/Ferrocarril 41,
1 DCHA,
28045 Madrid, Spain
Respondent
and
Ana Belen Diaz Sanchez,
(a/k/a ‘‘Ana Vazquez’’),
Avda Mediterraneo No. 9, 28007 Madrid,
Spain
Related Person.
Pursuant to section 766.23 of the
Export Administration Regulations
(‘‘EAR’’ or ‘‘Regulations’’), the Bureau of
Industry and Security (‘‘BIS’’), U.S.
Department of Commerce, through its
Office of Export Enforcement (‘‘OEE’’),
has requested that I make the Denial
Order that was imposed against Winter
Aircraft Products SA (a/k/a Ruf S. Lopez
SA) (‘‘Winter Aircraft’’) on May 24, 2007
(72 FR 29965) applicable to the
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03JNN1
31676
Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Notices
following entity, as a person related to
Winter Aircraft:
ebenthall on PRODPC60 with NOTICES
Ana Belen Diaz Sanchez, (a/k/a ‘‘Ana
Vazquez’’), Avda Mediterraneo No. 9,
28007 Madrid, Spain.
Section 766.23 of the Regulations
provides that ‘‘[i]n order to prevent
evasion, certain types of orders under
this part may be made applicable not
only to the respondent, but also to other
persons then or thereafter related to the
respondent by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business. Orders that may be made
applicable to related persons include
those that deny or affect export
privileges * * *.’’ 15 CFR 766.23(a).
On May 24, 2007, an Order pursuant
to Part 766 of the Regulations imposing
a ten-year denial of export privileges
against Winter Aircraft Products SA, of
Madrid Spain (a/k/a Ruf S. Lopez SA),
Rufina Sanchez Lopez, Principal of
Winter Aircraft, and Jose Alberto Diaz
Sanchez, President of Winter Aircraft,
were published in the Federal Register
to conclude administrative charges
pending against these parties. See 72 FR
29960, 29963, 29965 (June 6, 2005).
Winter Aircraft was found to have taken
actions with intent to evade the
Regulations by acquiring aircraft parts,
items subject to the Regulations and
classified under Export Control
Classification Number (‘‘ECCN’’) 9A991,
from U.S. suppliers with intent to
transship such items to Iran without the
necessary license from the U.S.
Government. The violations occurred
from on or about on or about October
19, 2000, and on or about November 22,
2000.
The May 24, 2007 Order imposed
against Winter Aircraft is an order that
may be made applicable to related
persons pursuant to section 766.23 upon
evidence that indicates that the person
is related to Winter Aircraft by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business, and that it is necessary to add
this entity to the Order imposed against
Winter Aircraft in order to avoid
evasion of that Order.
BIS has presented evidence that Ana
Belen Diaz Sanchez, Avda Mediterraneo
No. 9, 28007 Madrid, Spain (a/k/a ‘‘Ana
Vazquez’’), is related to Winter Aircraft
by ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business, and that it is necessary to add
Ana Belen Diaz Sanchez to the Order
imposed against Winter Aircraft in order
to avoid evasion of that Order.
VerDate Aug<31>2005
14:18 Jun 02, 2008
Jkt 214001
BIS notified Ana Belen Diaz Sanchez
of its plans to take this action through
letters dated January 23, 2008, and
March 5, 2008, in accordance with
sections 766.5(b) and 766.23 of the
Regulations. Ana Belen Diaz Sanchez
never responded to BIS.
It is my belief based on all the
evidence presented in this matter that
Ana Belen Diaz Sanchez’s relationship
with Winter Aircraft meets the
requirements of Section 766.23 of the
Regulations. Accordingly, I find that it
is necessary to make the Order imposed
against Winter Aircraft applicable to
Ana Belen Diaz Sanchez in order to
prevent the evasion of that Order.
It Is Now Therefore Ordered,
First, that having been provided
notice and opportunity for comment as
provided in section 766.23 of the
Regulations, Ana Belen Diaz Sanchez,
Avda Mediterraneo No. 9, 28007
Madrid, Spain (a/k/a ‘‘Ana Vazquez’’)
(‘‘Related Person’’), has been
determined to be related to Winter
Aircraft, Products SA, a/k/a Ruf S.
Lopez SA, C/Ferrocarril 41, 1 DCHA,
28045 Madrid, Spain (‘‘Winter
Aircraft’’), by affiliation, ownership,
control, or position of responsibility in
the conduct of trade or related services,
and it has been deemed necessary to
make the Order denying the export
privileges of Winter Aircraft applicable
to this Related Person in order to
prevent evasion of the Order.
Second, that the denial of export
privileges described in the Order against
Winter Aircraft, which was published in
the Federal Register on May 24, 2007 at
72 FR 29965, shall be made applicable
to the Related Person, as follows:
I. The Related Person, its successors
or assigns, and when acting for or on
behalf of the Related Person, its officers,
representatives, agents, or employees
(collectively, ‘‘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
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
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.
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
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 in accordance with the
provisions of section 766.23(c) of the
Regulations, the Related Person may, at
any time, make an appeal related to this
Order by filing a full written statement
in support of the appeal with the Office
of the Administrative Law Judge, U.S.
Coast Guard ALJ Docketing Center, 40
South Gay Street, Baltimore, Maryland
21202–4022.
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.
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Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Notices
Fifth, that this Order shall be
published in the Federal Register and a
copy provided to the Related Person.
This Order is effective upon
publication in the Federal Register.
Entered this 19th day of May, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. E8–12292 Filed 6–2–08; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Winter Aircraft Products SA and Iberair
Lines; Order Making Denial of Export
Privileges Applicable to Related
Person
ebenthall on PRODPC60 with NOTICES
In the Matter of:
Winter Aircraft Products SA
a/k/a Ruf S. Lopez SA
C/Ferrocarril 41
1 DCHA
28045 Madrid, Spain
Respondent
and
Iberair Lines
(a/k/a ‘‘Desarrollos Ind. Iberair, SL’’)
(a/k/a ‘‘Desarrollos Empresariales Iberair L’’)
Avda Mediterraneo No. 9
28007 Madrid, Spain
Related Person.
Pursuant to section 766.23 of the
Export Administration Regulations
(‘‘EAR’’ or ‘‘Regulations’’), the Bureau of
Industry and Security (‘‘BIS’’), U.S.
Department of Commerce, through its
Office of Export Enforcement (‘‘OEE’’),
has requested that I make the Denial
Order that was imposed against Winter
Aircraft Products SA (a/k/a Ruf S. Lopez
SA) (‘‘Winter Aircraft’’) on May 24, 2007
(72 FR 29965) applicable to the
following entity, as a person related to
Winter Aircraft:
Iberair Lines
(a/k/a ‘‘Desarrollos Ind. Iberair, SL’’),
(a/k/a ‘‘Desarrollos Empresariales Iberair
L’’),
Avda Mediterraneo No. 9,
28007 Madrid, Spain.
Section 766.23 of the Regulations
provides that ‘‘[i]n order to prevent
evasion, certain types of orders under
this part may be made applicable not
only to the respondent, but also to other
persons then or thereafter related to the
respondent by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business. Orders that may be made
applicable to related persons include
those that deny or affect export
privileges . * * *’’ 15 CFR 766.23(a).
VerDate Aug<31>2005
14:18 Jun 02, 2008
Jkt 214001
On May 24, 2007, an Order pursuant
to Part 766 of the Regulations imposing
a ten-year denial of export privileges
against Winter Aircraft Products SA, of
Madrid Spain (a/k/a Ruf. Lopez SA),
Rufina Sanchez Lopez, Principal of
Winter Aircraft, and Jose Alberto Diaz
Sanchez, President of Winter Aircraft,
were published in the Federal Register
to conclude administrative charges
pending against these parties. See 72 FR
29960, 29963, 29965 (June 6, 2005).
Winter Aircraft was found to have taken
actions with intent to evade the
Regulations by acquiring aircraft parts,
items subject to the Regulations and
classified under Export Control
Classification Number (‘‘ECCN’’) 9A991,
from U.S. suppliers with intent to
transship such items to Iran without the
necessary license from the U.S.
Government. The violations occurred
from on or about on or about October
19, 2000, and on or about November 22,
2000.
The May 24, 2007 Order imposed
against Winter Aircraft is an order that
may be made applicable to related
persons pursuant to section 766.23 upon
evidence that indicates that the person
is related to Winter Aircraft by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business, and that it is necessary to add
this entity to the Order imposed against
Winter Aircraft in order to avoid
evasion of that Order.
BIS has presented evidence that
Iberair Lines, Avda Mediterraneo No. 9,
28007 Madrid, Spain, also located at
Calle Canarias No. 9, 28045 Madrid,
Spain (a/k/a ‘‘Desarrollos Ind. Iberair,
SL’’) (a/k/a ‘‘Desarrollos Empresariales
Iberair L’’) (‘‘Iberair Lines’’) is related to
Winter Aircraft by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business, and that it is necessary to
add Iberair Lines to the Order imposed
against Winter Aircraft in order to avoid
evasion of that Order.
BIS notified Iberair Lines of its plans
to take this action through letters dated
January 23, 2008, and March 5, 2008, in
accordance with sections 766.5(b) and
766.23 of the Regulations. Iberair Lines
submitted a letter to BIS dated March
14, 2008, opposing its addition to the
Order.
It is my belief based on all the
evidence presented in this matter that
Iberair Lines’ relationship with Winter
Aircraft meets the requirements of
section 766.23 of the Regulations.
Accordingly, I find that it is necessary
to make the Order imposed against
Winter Aircraft applicable to Iberair
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
31677
Lines in order to prevent the evasion of
that Order.
It Is Now Therefore Ordered,
First, that having been provided
notice and opportunity for comment as
provided in section 766.23 of the
Regulations, Iberair Lines, Avda
Mediterraneo No. 9, 28007 Madrid,
Spain, also located at Calle Canarias No.
9, 28045 Madrid, Spain (a/k/a
‘‘Desarrollos Ind. Iberair, SL’’) (a/k/a
‘‘Desarrollos Empresariales Iberair L’’)
(‘‘Related Person’’), has been
determined to be related to Winter
Aircraft, Products SA, a/k/a Ruf S.
Lopez SA, C/Ferrocarril 41, 1 DCHA,
28045 Madrid, Spain (‘‘Winter
Aircraft’’), by affiliation, ownership,
control, or position of responsibility in
the conduct of trade or related services,
and it has been deemed necessary to
make the Order denying the export
privileges of Winter Aircraft applicable
to this Related Person in order to
prevent evasion of the Order.
Second, that the denial of export
privileges described in the Order against
Winter Aircraft, which was published in
the Federal Register on May 24, 2007 at
72 FR 29965, shall be made applicable
to the Related Person, as follows:
I. The Related Person, its successors
or assigns, and when acting for or on
behalf of the Related Person, its officers,
representatives, agents, or employees
(collectively, ‘‘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.
II. No person may, directly or
indirectly, do any of the following:
E:\FR\FM\03JNN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 107 (Tuesday, June 3, 2008)]
[Notices]
[Pages 31675-31677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12292]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Winter Aircraft Products SA
and Ana Belen Diaz Sanchez; Order Making Denial of Export Privileges
Applicable to Related Person
In the Matter of:
Winter Aircraft Products SA
a/k/a Ruf S. Lopez SA, C/Ferrocarril 41,
1 DCHA,
28045 Madrid, Spain
Respondent
and
Ana Belen Diaz Sanchez,
(a/k/a ``Ana Vazquez''),
Avda Mediterraneo No. 9, 28007 Madrid, Spain
Related Person.
Pursuant to section 766.23 of the Export Administration Regulations
(``EAR'' or ``Regulations''), the Bureau of Industry and Security
(``BIS''), U.S. Department of Commerce, through its Office of Export
Enforcement (``OEE''), has requested that I make the Denial Order that
was imposed against Winter Aircraft Products SA (a/k/a Ruf S. Lopez SA)
(``Winter Aircraft'') on May 24, 2007 (72 FR 29965) applicable to the
[[Page 31676]]
following entity, as a person related to Winter Aircraft:
Ana Belen Diaz Sanchez, (a/k/a ``Ana Vazquez''), Avda Mediterraneo No.
9, 28007 Madrid, Spain.
Section 766.23 of the Regulations provides that ``[i]n order to
prevent evasion, certain types of orders under this part may be made
applicable not only to the respondent, but also to other persons then
or thereafter related to the respondent by ownership, control, position
of responsibility, affiliation, or other connection in the conduct of
trade or business. Orders that may be made applicable to related
persons include those that deny or affect export privileges * * *.'' 15
CFR 766.23(a).
On May 24, 2007, an Order pursuant to Part 766 of the Regulations
imposing a ten-year denial of export privileges against Winter Aircraft
Products SA, of Madrid Spain (a/k/a Ruf S. Lopez SA), Rufina Sanchez
Lopez, Principal of Winter Aircraft, and Jose Alberto Diaz Sanchez,
President of Winter Aircraft, were published in the Federal Register to
conclude administrative charges pending against these parties. See 72
FR 29960, 29963, 29965 (June 6, 2005). Winter Aircraft was found to
have taken actions with intent to evade the Regulations by acquiring
aircraft parts, items subject to the Regulations and classified under
Export Control Classification Number (``ECCN'') 9A991, from U.S.
suppliers with intent to transship such items to Iran without the
necessary license from the U.S. Government. The violations occurred
from on or about on or about October 19, 2000, and on or about November
22, 2000.
The May 24, 2007 Order imposed against Winter Aircraft is an order
that may be made applicable to related persons pursuant to section
766.23 upon evidence that indicates that the person is related to
Winter Aircraft by ownership, control, position of responsibility,
affiliation, or other connection in the conduct of trade or business,
and that it is necessary to add this entity to the Order imposed
against Winter Aircraft in order to avoid evasion of that Order.
BIS has presented evidence that Ana Belen Diaz Sanchez, Avda
Mediterraneo No. 9, 28007 Madrid, Spain (a/k/a ``Ana Vazquez''), is
related to Winter Aircraft by ownership, control, position of
responsibility, affiliation, or other connection in the conduct of
trade or business, and that it is necessary to add Ana Belen Diaz
Sanchez to the Order imposed against Winter Aircraft in order to avoid
evasion of that Order.
BIS notified Ana Belen Diaz Sanchez of its plans to take this
action through letters dated January 23, 2008, and March 5, 2008, in
accordance with sections 766.5(b) and 766.23 of the Regulations. Ana
Belen Diaz Sanchez never responded to BIS.
It is my belief based on all the evidence presented in this matter
that Ana Belen Diaz Sanchez's relationship with Winter Aircraft meets
the requirements of Section 766.23 of the Regulations. Accordingly, I
find that it is necessary to make the Order imposed against Winter
Aircraft applicable to Ana Belen Diaz Sanchez in order to prevent the
evasion of that Order.
It Is Now Therefore Ordered,
First, that having been provided notice and opportunity for comment
as provided in section 766.23 of the Regulations, Ana Belen Diaz
Sanchez, Avda Mediterraneo No. 9, 28007 Madrid, Spain (a/k/a ``Ana
Vazquez'') (``Related Person''), has been determined to be related to
Winter Aircraft, Products SA, a/k/a Ruf S. Lopez SA, C/Ferrocarril 41,
1 DCHA, 28045 Madrid, Spain (``Winter Aircraft''), by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services, and it has been deemed necessary to make the
Order denying the export privileges of Winter Aircraft applicable to
this Related Person in order to prevent evasion of the Order.
Second, that the denial of export privileges described in the Order
against Winter Aircraft, which was published in the Federal Register on
May 24, 2007 at 72 FR 29965, shall be made applicable to the Related
Person, as follows:
I. The Related Person, its successors or assigns, and when acting
for or on behalf of the Related Person, its officers, representatives,
agents, or employees (collectively, ``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.
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 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 in accordance with the provisions of section 766.23(c)
of the Regulations, the Related Person may, at any time, make an appeal
related to this Order by filing a full written statement in support of
the appeal with the Office of the Administrative Law Judge, U.S. Coast
Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland
21202-4022.
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.
[[Page 31677]]
Fifth, that this Order shall be published in the Federal Register
and a copy provided to the Related Person.
This Order is effective upon publication in the Federal Register.
Entered this 19th day of May, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E8-12292 Filed 6-2-08; 8:45 am]
BILLING CODE 3510-DT-P
