Action Affecting Export Privileges; Winter Aircraft Products SA and Iberair Lines; Order Making Denial of Export Privileges Applicable to Related Person, 31677-31678 [E8-12293]

Download as PDF 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 03JNN1 ebenthall on PRODPC60 with NOTICES 31678 Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Notices 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. 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. VerDate Aug<31>2005 14:18 Jun 02, 2008 Jkt 214001 Entered this 19th day of May, 2008. Darryl W. Jackson, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. E8–12293 Filed 6–2–08; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Announcement of Meeting to Explore Feasibility of Establishing a NIST/ Industry Consortium on Characterization and Modeling of the Surface/Interface of Polymeric Materials and Systems National Institute of Standards and Technology, Commerce. ACTION: Notice of Public Meeting. AGENCY: SUMMARY: The National Institute of Standards and Technology (NIST) invites interested parties to attend a preconsortium meeting on June 13, 2008 to be held on the NIST campus. The goal of the one-day meeting is to evaluate industry interest in creating a NIST/ industry consortium focused on the characterization and modeling of the surface and interface of polymeric materials and composites. DATES: The meeting will take place on Friday, June 13, 2008 from 9 a.m. to 12 p.m. ADDRESSES: The meeting will be held in Building 226 room A368 on the NIST Gaithersburg campus, 100 Bureau Drive, Gaithersburg, MD 20899. Please note admittance instructions under the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Aaron M. Forster, Chris A. Michaels, or Lipiin Sung; National Institute of Standards and Technology, 100 Bureau Drive, Stop 8615, Gaithersburg, MD 20899–8615, USA; Telephone: (301) 975–8701; Fax (301) 990–6891; E-mail: aaron.forster@nist.gov, chris.michaels@nist.gov, lipiin.sung@nist.gov. SUPPLEMENTARY INFORMATION: The National Institute of Standards and Technology (NIST) invites interested parties to attend a pre-consortium meeting on June 13, 2008 to be held on the NIST campus. The goal of the oneday meeting is to evaluate industry interest in creating a NIST/industry consortium focused on the characterization and modeling of the surface and interface of polymeric materials and composites. The goals of such a consortium would include the development of measurement science to PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 evaluate performance and optical properties of polymeric materials utilizing techniques to measure surface mechanical properties, scratch and mar resistance, and fracture at interfaces. The consortium would be administered by NIST. Consortium research and development would be conducted by NIST staff members along with at least one technical representative from each participating member company. Membership fees for participation in the consortium will be Twenty-five Thousand ($25,000) per year. The initial term of the consortium is intended to be three years. All visitors to the NIST site are required to pre-register to be admitted. Anyone wishing to attend this meeting must register by close of business Thursday, June 12, 2008, in order to attend. Please submit your name, time of arrival, e-mail address and phone number to Aaron Forster and he will provide you with instructions for admittance. Non-U.S. citizens must also submit their country of citizenship, title, employer/sponsor, and address. Aaron Forster’s e-mail address is aaron.forster@nist.gov and his phone number is (301) 975–8701. Dated: May 23, 2008. Richard F. Kayser, Chief Scientist. [FR Doc. E8–12362 Filed 6–2–08; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Notice of Prospective Grant of Exclusive Patent License National Institute of Standards and Technology, Commerce. ACTION: Notice of Prospective Grant of Exclusive Patent License. AGENCY: SUMMARY: This is a notice in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i) that the National Institute of Standards and Technology (‘‘NIST’’), U.S. Department of Commerce, is contemplating the grant of an exclusive license in the United States of America, its territories, possessions and commonwealths, to NIST’s interest in the invention embodied in U.S. Patent No. 6,168,755 (Application No. 09/321/ 113), titled ‘‘High Nitrogen Stainless Steel,’’ NIST Docket No. 98–025 to Carpenter Technology Corporation Inc., having a place of business at 101 West Bern Street, Reading, PA 19601. The grant of the license would be for the field of use: Biomedical Applications. E:\FR\FM\03JNN1.SGM 03JNN1

Agencies

[Federal Register Volume 73, Number 107 (Tuesday, June 3, 2008)]
[Notices]
[Pages 31677-31678]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12293]


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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

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).
    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 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:

[[Page 31678]]

    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.
    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. E8-12293 Filed 6-2-08; 8:45 am]
BILLING CODE 3510-DT-P