Action Affecting Export Privileges; Joseph Piquet and Related Person Alphatronx, Inc., 63801-63802 [2010-26118]
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Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Notices
3. The sales price of each item.
4. Total sales subject to Forest Service
royalty fee.
5. Royalty fee due based on sales
quantity and price.
6. Description and itemization of
deductions (such as fees waived or
previously paid as part of advance
royalty payment).
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business or organization must pay after
deductions.
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certifying the truth of the report.
Data gathered in this information
collection are not available from other
sources.
Estimate of Annual Burden: 30
minutes per responses.
Type of Respondents: Individuals, forprofit businesses and non-profit
organizations.
Estimated Annual Number of
Respondents: 15.
Estimated Annual Number of
Responses per Respondent: 5.
Estimated Total Annual Burden on
Respondents: 37.5 hours.
Comment Is Invited: Comment is
invited on: (1) Whether this collection
of information is necessary for the stated
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whether the information will have
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technology.
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this notice, including names and
addresses when provided, will be a
matter of public record. Comments will
be summarized and included in the
submission request toward Office of
Management and Budget approval.
Dated: October 12, 2010.
Robin L. Thompson,
Associate Deputy Chief, State and Private
Forestry.
[FR Doc. 2010–26165 Filed 10–15–10; 8:45 am]
BILLING CODE 3410–11–P
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Joseph Piquet and Related Person
Alphatronx, Inc.
In the Matter of: Joseph Piquet, 76067–004,
currently incarcerated at FCI Miami, Federal
Correctional Institution, P.O. Box 779800,
Miami, FL 33177, and 1258 SW. Maplewood
Dr., Port St. Lucie, FL 34986, Respondent,
Alphatronx, Inc., 1258 SW. Maplewood
Drive, Port St. Lucie, FL 34986, Related
Person.
Order Making Order Denying Export
Privileges of Joseph Piquet Applicable
to Related Person Alphatronx, Inc.
Pursuant to Sections 766.25(h) and
766.23 of the Export Administration
Regulations 1 (‘‘EAR’’), 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 the
individual Joseph Piquet (‘‘Piquet’’) on
May 28, 2010 (75 FR 32742, June 9,
2010) applicable to Alphatronx, Inc.
(‘‘Alphatronx’’), 1258 SW. Maplewood
Dr., Port St. Lucie, FL, 34986,
(hereinafter, the ‘‘Related Person’’), as a
person related to Piquet.
Section 766.23 of the EAR 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 28, 2010, I issued an Order
pursuant to Section 11(h) of the Export
Administration Act of 1979, as amended
(currently codified at 50 U.S.C. app.
sections 2401–2420 (2000)) (‘‘Act’’) 2 and
Section 766.25 of the EAR denying the
export privileges under the Regulations
of Piquet for 10 years. The Order was
based on Piquet’s conviction of violating
the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.
1 The EAR are currently codified at 15 CFR Parts
730–774 (2010).
2 50 U.S.C. app. sections 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 August 12, 2010 (75
FR 50,681 (Aug. 16, 2010)), has continued the
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701
et seq. (2000)).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
63801
(2000)) (‘‘IEEPA’’) and Section 38 of the
Arms Export Control Act (22 U.S.C.
2778 (2000)). Piquet was convicted
based on his role in a conspiracy to
purchase high-tech military and dualuse electronic components from a
domestic corporation and to then ship
the items from the United States to
Hong Kong and the People’s Republic of
China without first obtaining the
required export licenses. Among the
commodities involved in this
conspiracy were high power amplifiers
designed for use by the U.S. military in
early warning radar and missile target
acquisition systems, and low noise
amplifiers that have both commercial
and military use.
BIS has presented evidence that
indicates that Alphatronx is related to
Piquet 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 Piquet Denial Order in
order to avoid evasion of that Order.
The basis for naming Alphatronx to the
Piquet Denial Order is that Piquet is the
owner and President of Alphatronx and
that Piquet made the decisions to utilize
his company Alphatronx to carry out
the conspiracy and subsequent
violations of the AECA and IEEPA.
As provided in Section 766.23 of the
EAR, I gave notice to Alphatronx that its
export privileges under the EAR could
be denied for up to 10 years due to its
relationship with Piquet and that BIS
believes naming Alphatronx as a related
party to Piquet would be necessary to
prevent evasion of a denial order
imposed against Piquet. In providing
such notice, I gave Alphatronx an
opportunity to oppose its addition to the
Piquet Denial Order as a related party.
Having received no submission, I have
decided, following consultations with
BIS’s Office of Export Enforcement,
including its Director, to name
Alphatronx as a Related Person to the
Piquet Denial Order, thereby denying
Alphatronx export privileges for 10
years from the date of Piquet’s
conviction.
I have also decided to revoke all
licenses issued pursuant to the Act or
EAR in which Alphatronx had an
interest at the time of Piquet’s
conviction. The 10-year denial period
will end on May 14, 2019.
Accordingly, it is hereby ordered:
First, that having been provided
notice and opportunity for comment as
provided in Sections 766.25 and 766.23
of the Export Administration
Regulations (the ‘‘Regulations’’), the
following entity, Alphatronx, Inc., with
a last known address at 1258 SW.
Maplewood Dr., Port St. Lucie, FL,
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63802
Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Notices
34986, has been determined to be
related to Piquet 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 Piquet
applicable to Alphatronx in order to
prevent evasion of the Piquet Denial
Order.
Second, that the denial of export
privileges described in the Piquet Denial
Order, which was published in the
Federal Register on June 9, 2010 at 75
FR 32742, shall be made applicable to
Alphatronx until its expiration on May
14, 2019, as follows:
I. Alphatronx, with a last known
address at 1258 SW. Maplewood Dr.,
Port St. Lucie, FL, 34986, and when
acting for or on behalf of Alphatronx, its
successors or assigns, employees or
agents (collectively, ‘‘Related 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 Related Person any item subject
to the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Related 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 Related Person
acquires or attempts to acquire such
ownership, possession or control;
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C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Related Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Related 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 Related
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Related 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 is effective
immediately and shall remain in effect
until May 14, 2019.
Sixth, that this Order shall be
published in the Federal Register and a
copy served on the Related Person.
Issued this 7th day of October 2010.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2010–26118 Filed 10–15–10; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Parto Abgardan Cooling Towers Co.
Parto Abgardan Cooling Towers Co., P.O. Box
966, Folsom, CA 95763; and
P.O. Box 19395/5478, Tehran, Iran; and
No. 56 Shaydaee St., Yakhchal St., Shariati
Ave., Tehran 19497, Iran; and
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
No. 56 Sheidaei St., Yakhchal St., Dr. Shariati
Ave., Tehran 19497, Iran; and
No. 56 Corner of Noushin Blind Alley,
Sheidaei St., Yakhchal St., Dr. Shariati
Ave., Tehran (19497), Iran; and
No. 56 Next to Noushin Blind Alley, Sheidaei
St., Yakhchal St., Dr. Shariati Ave., Tehran
(19497), Iran; and
No. 56, Corner of Noushin Dd. End, Sheidaie
St., Yakhchal St., Shariati St., 19497,
Tehran, Iran.
Order Making Denial of Export
Privileges of Aqua-Loop Cooling
Towers, Co. Applicable to Parto
Abgardan Cooling Towers Co.
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 issued against Aqua-Loop
Cooling Towers, Co. (‘‘Aqua-Loop’’) on
March 25, 2010 (‘‘Denial Order’’),
applicable to the following entity, as a
person related to Aqua-Loop:
Parto Abgardan Cooling Towers Co.,
P.O. Box 966, Folsom, CA 95763; and
P.O. Box 19395/5478, Tehran, Iran; and
No. 56 Shaydaee St., Yakhchal St.,
Shariati Ave., Tehran 19497, Iran; and
No. 56 Sheidaei St., Yakhchal St., Dr.
Shariati Ave., Tehran 19497, Iran; and
No. 56 Corner of Noushin Blind Alley,
Sheidaei St., Yakhchal St., Dr.
Shariati Ave., Tehran (19497), Iran;
and
No. 56 Next to Noushin Blind Alley,
Sheidaei St., Yakhchal St., Dr.
Shariati Ave., Tehran (19497), Iran;
and
No. 56, Corner of Noushin Dd. End,
Sheidaie St., Yakhchal St., Shariati
St., 19497, Tehran, Iran.
The Denial Order was effective upon
issuance, was published in the Federal
Register on April 2, 2010 (see 75 FR
16732 (April 2, 2010)), and will remain
in effect until March 25, 2020.
I. Background
A. The Denial Order
The Denial Order denies the export
privileges of Aqua-Loop until March 25,
2020, pursuant to Section 764.3(a)(2) of
the Regulations, and was issued based
upon my approval of a settlement
agreement entered into by BIS and
Aqua-Loop. Specifically, in July 2009,
BIS filed a Charging Letter against AquaLoop for violating the Regulations by
causing unlicensed exports to Parto
Abgardan in Iran of items subject to the
Regulations, knowingly violating the
Regulations in connection with the
export of those items, and conspiring
with Parto Abgardan and others, known
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]]>Agencies
[Federal Register Volume 75, Number 200 (Monday, October 18, 2010)]
[Notices]
[Pages 63801-63802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26118]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Joseph Piquet and Related
Person Alphatronx, Inc.
In the Matter of: Joseph Piquet, 76067-004, currently
incarcerated at FCI Miami, Federal Correctional Institution, P.O.
Box 779800, Miami, FL 33177, and 1258 SW. Maplewood Dr., Port St.
Lucie, FL 34986, Respondent, Alphatronx, Inc., 1258 SW. Maplewood
Drive, Port St. Lucie, FL 34986, Related Person.
Order Making Order Denying Export Privileges of Joseph Piquet
Applicable to Related Person Alphatronx, Inc.
Pursuant to Sections 766.25(h) and 766.23 of the Export
Administration Regulations \1\ (``EAR''), 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 the individual Joseph Piquet
(``Piquet'') on May 28, 2010 (75 FR 32742, June 9, 2010) applicable to
Alphatronx, Inc. (``Alphatronx''), 1258 SW. Maplewood Dr., Port St.
Lucie, FL, 34986, (hereinafter, the ``Related Person''), as a person
related to Piquet.
---------------------------------------------------------------------------
\1\ The EAR are currently codified at 15 CFR Parts 730-774
(2010).
---------------------------------------------------------------------------
Section 766.23 of the EAR 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 28, 2010, I issued an Order pursuant to Section 11(h) of the
Export Administration Act of 1979, as amended (currently codified at 50
U.S.C. app. sections 2401-2420 (2000)) (``Act'') \2\ and Section 766.25
of the EAR denying the export privileges under the Regulations of
Piquet for 10 years. The Order was based on Piquet's conviction of
violating the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq. (2000)) (``IEEPA'') and Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2000)). Piquet was convicted based on his
role in a conspiracy to purchase high-tech military and dual-use
electronic components from a domestic corporation and to then ship the
items from the United States to Hong Kong and the People's Republic of
China without first obtaining the required export licenses. Among the
commodities involved in this conspiracy were high power amplifiers
designed for use by the U.S. military in early warning radar and
missile target acquisition systems, and low noise amplifiers that have
both commercial and military use.
---------------------------------------------------------------------------
\2\ 50 U.S.C. app. sections 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 August 12, 2010 (75 FR 50,681 (Aug. 16, 2010)),
has continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq. (2000)).
---------------------------------------------------------------------------
BIS has presented evidence that indicates that Alphatronx is
related to Piquet 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 Piquet Denial Order
in order to avoid evasion of that Order. The basis for naming
Alphatronx to the Piquet Denial Order is that Piquet is the owner and
President of Alphatronx and that Piquet made the decisions to utilize
his company Alphatronx to carry out the conspiracy and subsequent
violations of the AECA and IEEPA.
As provided in Section 766.23 of the EAR, I gave notice to
Alphatronx that its export privileges under the EAR could be denied for
up to 10 years due to its relationship with Piquet and that BIS
believes naming Alphatronx as a related party to Piquet would be
necessary to prevent evasion of a denial order imposed against Piquet.
In providing such notice, I gave Alphatronx an opportunity to oppose
its addition to the Piquet Denial Order as a related party. Having
received no submission, I have decided, following consultations with
BIS's Office of Export Enforcement, including its Director, to name
Alphatronx as a Related Person to the Piquet Denial Order, thereby
denying Alphatronx export privileges for 10 years from the date of
Piquet's conviction.
I have also decided to revoke all licenses issued pursuant to the
Act or EAR in which Alphatronx had an interest at the time of Piquet's
conviction. The 10-year denial period will end on May 14, 2019.
Accordingly, it is hereby ordered:
First, that having been provided notice and opportunity for comment
as provided in Sections 766.25 and 766.23 of the Export Administration
Regulations (the ``Regulations''), the following entity, Alphatronx,
Inc., with a last known address at 1258 SW. Maplewood Dr., Port St.
Lucie, FL,
[[Page 63802]]
34986, has been determined to be related to Piquet 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 Piquet applicable to Alphatronx
in order to prevent evasion of the Piquet Denial Order.
Second, that the denial of export privileges described in the
Piquet Denial Order, which was published in the Federal Register on
June 9, 2010 at 75 FR 32742, shall be made applicable to Alphatronx
until its expiration on May 14, 2019, as follows:
I. Alphatronx, with a last known address at 1258 SW. Maplewood Dr.,
Port St. Lucie, FL, 34986, and when acting for or on behalf of
Alphatronx, its successors or assigns, employees or agents
(collectively, ``Related 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 Related Person any
item subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Related 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 Related 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 Related Person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from the Related 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 Related Person, or
service any item, of whatever origin, that is owned, possessed or
controlled by the Related 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 is effective immediately and shall remain in
effect until May 14, 2019.
Sixth, that this Order shall be published in the Federal Register
and a copy served on the Related Person.
Issued this 7th day of October 2010.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2010-26118 Filed 10-15-10; 8:45 am]
BILLING CODE 3510-DT-P
