Action Affecting Export Privileges; Elecmat, Inc.; In the Matter of: Elecmat, Inc., 390 Utah Street, San Francisco, CA 94103, Respondent; Order Relating to Elecmat, Inc., 5812-5813 [E9-2170]
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Federal Register
Vol. 74, No. 20
Monday, February 2, 2009
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Notice of Public Information
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VerDate Nov<24>2008
15:03 Jan 30, 2009
Jkt 217001
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[FR Doc. E9–2174 Filed 1–30–09; 8:45 am]
BILLING CODE 6116–01–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[08–BIS–0006]
Action Affecting Export Privileges;
Elecmat, Inc.; In the Matter of: Elecmat,
Inc., 390 Utah Street, San Francisco,
CA 94103, Respondent; Order Relating
to Elecmat, Inc.
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’)
has initiated an administrative
proceeding against Elecmat, Inc.
(hereinafter referred to as ‘‘Elecmat’’)
pursuant to Section 766.3 of the Export
Administration Regulations
(‘‘Regulations’’) 1 and Section 13(c) of
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR Parts 730–
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
the Export Administration Act of 1979,
as amended (‘‘Act’’), 2 through issuance
of a charging letter to Elecmat that
alleged that Elecmat committed 39
violations of the Regulations.
Specifically, the charges are:
Charge 1: 15 CFR 764.2(d)—Conspiracy
To Export Items From the United States
to Taiwan Without the Required
License
Beginning in or about 2003 and
continuing through on or about July 29,
2006, Elecmat conspired and acted in
concert with others, known and
unknown, to violate the Regulations and
to bring about an act that constitutes a
violation of the Regulations. The
purpose of the conspiracy was to export
items from the United States to Taiwan
without the required U.S. Government
authorization. Pursuant to Sections
742.2 and 742.3 of the Regulations,
authorization was required from the
Department of Commerce before certain
chemicals, metals, and electronic
components, items subject to the
Regulations and classified under Export
Control Classification Numbers
(‘‘ECCNs’’) 1C227, 1C229, 1C231,
1C234, 1C240, and 1C350, could be
exported from the United States to
Taiwan.
In furtherance of the conspiracy, the
conspirators, including Elecmat,
participated in a scheme in which a
Taiwan company requested that Elecmat
procure specific items from U.S.
suppliers and export them to Taiwan.
The Taiwan company instructed
Elecmat not to tell U.S. suppliers that
Elecmat would export the items.
Pursuant to this instruction, Elecmat
procured the items and exported them
to Taiwan without the required license.
In so doing, Elecmat committed one
violation of Section 764.2(d) of the
Regulations.
774 (2008). The charged violations occurred in 2003
through 2006. The Regulations governing the
violations at issue are found in the 2003 through
2006 versions of the Code of Federal Regulations
(15 CFR parts 730–774 (2003–2006)). The 2008
Regulations govern the procedural aspects of this
case.
2 50 U.S.C. app. §§ 2401–2420 (2000). Since
August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential
Notices, the most recent being that of July 23, 2008
(73 FR 43,603 (July 25, 2008)), has continued the
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701–
1706 (2000)).
E:\FR\FM\02FEN1.SGM
02FEN1
Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices
Charges 2–19: 15 CFR 764.2(a)—
Engaging in Prohibited Conduct by
Exporting Certain Chemicals, Metals
and Electronic Components Without the
Required License
On 18 occasions between on or about
August 13, 2003 and on or about May
13, 2006, Elecmat engaged in conduct
prohibited by the Regulations by
exporting items subject to the
Regulations to Taiwan without the
required Department of Commerce
licenses. Specifically, Elecmat exported
certain chemicals, metals, and
electronic components, classified under
ECCNs 1C227, 1C229, 1C231, 1C234,
and 1C240, to an affiliated company in
Taiwan without the Department of
Commerce licenses required by Section
742.3 of the Regulations. In so doing,
Elecmat committed 18 violations of
Section 764.2(a) of the Regulations.
Charge 20: 15 CFR 764.2(a)—Engaging
in Prohibited Conduct by Exporting
Certain Chemicals, Metals and
Electronic Components Without the
Required License
On one occasion on or about April 15,
2006, Elecmat engaged in conduct
prohibited by the Regulations by
exporting sodium fluoride, an item
subject to the Regulations and classified
under ECCN 1C350, to Taiwan without
the Department of Commerce license
required by Section 742.2 of the
Regulations. In so doing, Elecmat
committed one violation of Section
764.2(a) of the Regulations.
dwashington3 on PROD1PC60 with NOTICES
Charges 21–39: 15 CFR 764.2(e)—Acting
with Knowledge of a Violation
On 19 occasions, between on or about
August 13, 2003 and on or about May
13, 2006, in connection with the
transactions described in Charges 2–25,
above, Elecmat ordered, bought, sold,
transported, and forwarded certain
chemicals, metals, and electronic
components, items that are subject to
the Regulations, with knowledge that
violations of the Regulations were about
to occur or was intended to occur in
connection with the items. Specifically,
Elecmat had knowledge that these items
required a license for export to Taiwan
and that they were being exported
without the required licenses. Elecmat
had previously obtained export licenses
from the Department of Commerce for
exports of similar items to Taiwan, had
been informed by a supplier that certain
similar items could not be sold for
export, had been informed by another
supplier and an affiliated Taiwan
company that the export of certain
similar items required a license. In so
VerDate Nov<24>2008
15:03 Jan 30, 2009
Jkt 217001
doing, Elecmat committed 19 violations
of Section 764.2(e) of the Regulations.
Whereas, BIS and Elecmat 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 for a period of twenty years
from the date of entry of this Order,
Elecmat, Inc., 390 Utah Street, San
Francisco, CA 94103, (‘‘Elecmat’’), its
successors or assigns, and, when acting
for or on behalf of Elecmat, its officers,
representatives, agents or employees
(‘‘Denied Person(s)’’) 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.
Second, that no person may, directly
or indirectly, do any of the actions
described below with respect to an item
that is subject to the Regulations that
has been, will be, or is intended to be
exported or reexported from the United
States:
A. Export or reexport to or on behalf
of a Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
a 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 a Denied Person
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
5813
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 a Denied Person of any
item subject to the Regulations that has
been exported from the United States;
D. Obtain from a 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 that is owned,
possessed or controlled by a Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by a Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, that, after notice and
opportunity for comment as provided in
Section 766.23 of the Regulations, any
person, firm, corporation, or business
organization related to Elecmat by
affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services may also be
made subject to the provisions of the
Order.
Fourth, that the charging letter,
amended charging letter, the Settlement
Agreement, and this Order, and the
record of the cases as defined by Section
766.20 of the Regulations shall be made
available to the public.
Fifth, that the Administrative Law
Judge shall be notified that this case is
withdrawn from adjudication.
Sixth, that this Order shall be served
on the Denied Person and on BIS, and
shall be published in the Federal
Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
Entered this 26th day of January 2009.
Kevin Delli-Colli,
Acting Assistant Secretary for Export
Enforcement.
[FR Doc. E9–2170 Filed 1–30–09; 8:45 am]
BILLING CODE 3510–DT–P
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02FEN1
]]>Agencies
[Federal Register Volume 74, Number 20 (Monday, February 2, 2009)]
[NOTIC]
[Pages 5812-5813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2170]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[08-BIS-0006]
Action Affecting Export Privileges; Elecmat, Inc.; In the Matter
of: Elecmat, Inc., 390 Utah Street, San Francisco, CA 94103,
Respondent; Order Relating to Elecmat, Inc.
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS'') has initiated an administrative proceeding against Elecmat,
Inc. (hereinafter referred to as ``Elecmat'') pursuant to Section 766.3
of the Export Administration Regulations (``Regulations'') \1\ and
Section 13(c) of the Export Administration Act of 1979, as amended
(``Act''), \2\ through issuance of a charging letter to Elecmat that
alleged that Elecmat committed 39 violations of the Regulations.
Specifically, the charges are:
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR Parts 730-774 (2008). The charged
violations occurred in 2003 through 2006. The Regulations governing
the violations at issue are found in the 2003 through 2006 versions
of the Code of Federal Regulations (15 CFR parts 730-774 (2003-
2006)). The 2008 Regulations govern the procedural aspects of this
case.
\2\ 50 U.S.C. app. Sec. Sec. 2401-2420 (2000). Since August 21,
2001, the Act has been in lapse and the President, through Executive
Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential Notices, the most
recent being that of July 23, 2008 (73 FR 43,603 (July 25, 2008)),
has continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000)).
---------------------------------------------------------------------------
Charge 1: 15 CFR 764.2(d)--Conspiracy To Export Items From the United
States to Taiwan Without the Required License
Beginning in or about 2003 and continuing through on or about July
29, 2006, Elecmat conspired and acted in concert with others, known and
unknown, to violate the Regulations and to bring about an act that
constitutes a violation of the Regulations. The purpose of the
conspiracy was to export items from the United States to Taiwan without
the required U.S. Government authorization. Pursuant to Sections 742.2
and 742.3 of the Regulations, authorization was required from the
Department of Commerce before certain chemicals, metals, and electronic
components, items subject to the Regulations and classified under
Export Control Classification Numbers (``ECCNs'') 1C227, 1C229, 1C231,
1C234, 1C240, and 1C350, could be exported from the United States to
Taiwan.
In furtherance of the conspiracy, the conspirators, including
Elecmat, participated in a scheme in which a Taiwan company requested
that Elecmat procure specific items from U.S. suppliers and export them
to Taiwan. The Taiwan company instructed Elecmat not to tell U.S.
suppliers that Elecmat would export the items. Pursuant to this
instruction, Elecmat procured the items and exported them to Taiwan
without the required license. In so doing, Elecmat committed one
violation of Section 764.2(d) of the Regulations.
[[Page 5813]]
Charges 2-19: 15 CFR 764.2(a)--Engaging in Prohibited Conduct by
Exporting Certain Chemicals, Metals and Electronic Components Without
the Required License
On 18 occasions between on or about August 13, 2003 and on or about
May 13, 2006, Elecmat engaged in conduct prohibited by the Regulations
by exporting items subject to the Regulations to Taiwan without the
required Department of Commerce licenses. Specifically, Elecmat
exported certain chemicals, metals, and electronic components,
classified under ECCNs 1C227, 1C229, 1C231, 1C234, and 1C240, to an
affiliated company in Taiwan without the Department of Commerce
licenses required by Section 742.3 of the Regulations. In so doing,
Elecmat committed 18 violations of Section 764.2(a) of the Regulations.
Charge 20: 15 CFR 764.2(a)--Engaging in Prohibited Conduct by Exporting
Certain Chemicals, Metals and Electronic Components Without the
Required License
On one occasion on or about April 15, 2006, Elecmat engaged in
conduct prohibited by the Regulations by exporting sodium fluoride, an
item subject to the Regulations and classified under ECCN 1C350, to
Taiwan without the Department of Commerce license required by Section
742.2 of the Regulations. In so doing, Elecmat committed one violation
of Section 764.2(a) of the Regulations.
Charges 21-39: 15 CFR 764.2(e)--Acting with Knowledge of a Violation
On 19 occasions, between on or about August 13, 2003 and on or
about May 13, 2006, in connection with the transactions described in
Charges 2-25, above, Elecmat ordered, bought, sold, transported, and
forwarded certain chemicals, metals, and electronic components, items
that are subject to the Regulations, with knowledge that violations of
the Regulations were about to occur or was intended to occur in
connection with the items. Specifically, Elecmat had knowledge that
these items required a license for export to Taiwan and that they were
being exported without the required licenses. Elecmat had previously
obtained export licenses from the Department of Commerce for exports of
similar items to Taiwan, had been informed by a supplier that certain
similar items could not be sold for export, had been informed by
another supplier and an affiliated Taiwan company that the export of
certain similar items required a license. In so doing, Elecmat
committed 19 violations of Section 764.2(e) of the Regulations.
Whereas, BIS and Elecmat 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 for a period of twenty years from the date of entry of
this Order, Elecmat, Inc., 390 Utah Street, San Francisco, CA 94103,
(``Elecmat''), its successors or assigns, and, when acting for or on
behalf of Elecmat, its officers, representatives, agents or employees
(``Denied Person(s)'') 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.
Second, that no person may, directly or indirectly, do any of the
actions described below with respect to an item that is subject to the
Regulations that has been, will be, or is intended to be exported or
reexported from the United States:
A. Export or reexport to or on behalf of a Denied Person any item
subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by a 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 a 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 a Denied Person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from a 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 that is owned, possessed or controlled by a Denied Person, or
service any item, of whatever origin, that is owned, possessed or
controlled by a Denied Person if such service involves the use of any
item subject to the Regulations that has been or will be exported from
the United States. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification or testing.
Third, that, after notice and opportunity for comment as provided
in Section 766.23 of the Regulations, any person, firm, corporation, or
business organization related to Elecmat by affiliation, ownership,
control, or position of responsibility in the conduct of trade or
related services may also be made subject to the provisions of the
Order.
Fourth, that the charging letter, amended charging letter, the
Settlement Agreement, and this Order, and the record of the cases as
defined by Section 766.20 of the Regulations shall be made available to
the public.
Fifth, that the Administrative Law Judge shall be notified that
this case is withdrawn from adjudication.
Sixth, that this Order shall be served on the Denied Person and on
BIS, and shall be published in the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effective immediately.
Entered this 26th day of January 2009.
Kevin Delli-Colli,
Acting Assistant Secretary for Export Enforcement.
[FR Doc. E9-2170 Filed 1-30-09; 8:45 am]
BILLING CODE 3510-DT-P
