Nelson S. Galgoul, Av. Edison Passess 909, Rio De Janeiro, R.J., Brazil 20531-070, Respondent; Order Relating to Nelson S. Galgoul, 1667-1668 [2012-298]
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Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices
from the provisions relating to public
meetings found in 5 D.S.C. app. 2
§§ 10(a)(1) and l0(a)(3). The remaining
portions of the meeting will be open to
the public.
For more information, call Yvette
Springer at (202) 482–2813.
Dated: January 5, 2012.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2012–374 Filed 1–10–12; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Nelson S. Galgoul, Av. Edison Passess
909, Rio De Janeiro, R.J., Brazil 20531–
070, Respondent; Order Relating to
Nelson S. Galgoul
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’),
has notified Nelson S. Galgoul
(‘‘Galgoul’’) of its intention to initiate an
administrative proceeding against
Galgoul pursuant to Section 766.3 of the
Export Administration Regulations (the
‘‘Regulations’’),1 and Section 13(c) of
the Export Administration Act of 1979,
as amended (the ‘‘Act’’),2 through the
issuance of a Proposed Charging Letter
to Galgoul that alleged that he
committed one violation of the
Regulations. Specifically, the charge is:
Charge 1 15 CFR 764.2(d)—
Conspiracy
pmangrum on DSK3VPTVN1PROD with NOTICES
From on or about March 1, 1995, and
continuing through on or about
February 28, 2007, Galgoul conspired
and acted in concert with others, known
and unknown, to bring about an act that
constitutes a violation of the
Regulations by agreeing to export an
engineering software program from the
United States to Iran via Brazil, without
the required U.S. Government
authorization. Pursuant to Section 746.7
of the Regulations, authorization was
required from the Office of Foreign
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2011). The charged violation occurred between
1995 and 2007. The Regulations governing the
violation at issue are found in the 1995–2007
versions of the Code of Federal Regulations (15 CFR
parts 730–774 (1995–2007)). The 2011 Regulations
set forth the procedures that apply to this matter.
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 part 2001 Comp. 783 (2002)),
which has been extended by successive Presidential
Notices, the most recent being that of August 12,
2011 (76 FR 50,661 (Aug. 16, 2011)), has continued
the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701,
et seq.).
VerDate Mar<15>2010
15:02 Jan 10, 2012
Jkt 226001
Assets Control, U.S. Department of the
Treasury (‘‘OFAC’’), before the
engineering software program, an item
subject to the Regulations 3 and the
Iranian Transactions Regulations
(‘‘ITR’’),4 could be exported from the
United States to Iran. Pursuant to
Section 560.204 of the ITR, an export to
a third country intended for
transshipment to Iran is a transaction
subject to the ITR. In furtherance of the
conspiracy, Galgoul and his coconspirators devised and employed a
scheme under which they would
market, sell, and service the engineering
software program to Iranian clients
through Galgoul, who was located in
Brazil. In so doing, Galgoul committed
one violation of Section 764.2(d) of the
Regulations.
In so doing, Galgoul committed one
violation of Section 764.2(d) of the
Regulations.
Whereas, BIS and Galgoul have
entered into a Settlement Agreement
pursuant to Section 766.18(a) 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 three (3)
years from the date of entry of the
Order, Nelson S. Galgoul, with a last
known address of Av. Edison Passess
909, Rio De Janeiro, R.J., Brazil 20531–
070, and when acting for or on his
behalf, his representatives, assigns,
agents, or employees (hereinafter
collectively referred to as ‘‘Denied
Person’’), may not, directly or indirectly,
participate 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
3 The engineering software program is classified
under Export Control Classification Number
(‘‘ECCN’’) 8D992.
4 31 CFR 560 (1995–2007).
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
1667
other activity subject to the Regulations;
or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
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 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, after notice and
opportunity for comment as provided in
Section 766.23 of the Regulations, any
person, firm, corporation, or business
organization related to the Denied
Person by affiliation, ownership,
control, or position of responsibility in
the conduct of trade or related services
may also be made subject to the
provisions of the Order.
Fourth, that the Proposed Charging
Letter, the Settlement Agreement, and
this Order shall be made available to the
public.
Fifth, that this Order shall be served
on Galgoul and on BIS, and shall be
published in the Federal Register.
E:\FR\FM\11JAN1.SGM
11JAN1
1668
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices
This Order, which constitutes the final
agency action in this matter, is effective
immediately.5
Issued this 30th day of December, 2011.
__________________________________
Donald G. Salo, Jr.,
Acting Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. 2012–298 Filed 1–10–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–825]
Polyethylene Terephthalate Film, Sheet
and Strip From India: Rescission, in
Part, of Countervailing Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 11, 2012.
FOR FURTHER INFORMATION CONTACT: Toni
Page, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1398.
pmangrum on DSK3VPTVN1PROD with NOTICES
AGENCY:
Background
On July 1, 2011, the Department of
Commerce (Department) published a
notice of opportunity to request an
administrative review of the
countervailing duty (CVD) order on
polyethylene terephthalate film, sheet
and strip from India covering the period
January 1, 2010, through December 31,
2010. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
To Request Administrative Review, 76
FR 38609, 38610 (July 1, 2011). The
Department received a timely request
from Petitioners 1 for a CVD
administrative review of five
companies: Ester Industries Limited
(Ester), Garware Polyester Ltd.
(Garware), Jindal Poly Films Limited of
India (Jindal), Polyplex Corporation Ltd.
(Polyplex), and SRF Limited (SRF). The
Department also received timely
requests for a CVD review from Vacmet
India Ltd. (Vacmet) and Polypacks
Industries of India (Polypacks). On
August 26, 2011, the Department
published a notice of initiation of
administrative review with respect to
5 Review and consideration of this matter have
been delegated to the Deputy Assistant Secretary for
Export Enforcement.
1 Petitioners are DuPont Teijin Films, Mitsubishi
Polyester Film, Inc., SKC, Inc. and Toray Plastics
(America), Inc.
VerDate Mar<15>2010
15:02 Jan 10, 2012
Jkt 226001
Ester, Garware, Jindal, Polyplex, SRF,
Vacmet, and Polypacks. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Requests
for Revocation in Part, 76 FR 53404
(August 26, 2011). On August 23, 2011,
Vacmet and Polypacks withdrew their
requests for a review. The Department
published a rescission, in part, of the
CVD administrative review with respect
to Vacmet and Polypacks on September
20, 2011. See Polyethylene
Terephthalate Film, Sheet and Strip
From India: Rescission, In Part, of
Countervailing Duty Administrative
Review, 76 FR 58248 (September 20,
2011). On November 25, 2011,
Petitioners withdrew their request for
CVD administrative reviews of Ester,
Garware, Polyplex, and Jindal.
Rescission, in Part
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
that requested the review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. Petitioners’
withdrawal was submitted within the
90-day period and, thus, is timely.2
Because Petitioners’ withdrawal of their
requests for review is timely and
because no other party requested a
review of Ester, Garware, Polyplex, or
Jindal, we are rescinding this review
with respect to these companies in
accordance with 19 CFR 351.213(d)(1).
The administrative review of SRF
continues.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess countervailing duties on all
appropriate entries. Subject
merchandise exported by Ester,
Garware, Polyplex, and Jindal will be
assessed countervailing duties at rates
equal to the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions directly to CBP within 15
days of publication of this notice.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
2 The 90th day fell on November 24, 2011, a nonbusiness day. Pursuant to 19 CFR 351.303(b), if an
applicable due date falls on a non-business day, the
Department will accept as timely a document that
is filed on the next business day.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: January 5, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–353 Filed 1–10–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 111205722–1793–01]
RIN 0648–XA851
Endangered and Threatened Species;
90-Day Finding on Petition To Delist
the Southern Oregon/Northern
California Coast Evolutionarily
Significant Unit of Coho Salmon Under
the Endangered Species Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of 90-day petition
finding.
AGENCY:
We, NMFS, announce a 90day finding on a petition to delist the
Southern Oregon/Northern California
Coast (SONCC) Evolutionarily
Significant Unit (ESU) of coho salmon
(Oncorhynchus kisutch) under the
Endangered Species Act (ESA). We find
that the petition does not present
substantial scientific or commercial
information indicating that the
petitioned action may be warranted.
ADDRESSES: Copies of the petition are
available at: https://www.nmfs.noaa.gov/
pr/or upon request from the Assistant
Regional Administrator, Protected
Resources Division, NMFS, Southwest
Regional Office, 501 West Ocean Blvd.,
Suite 4200, Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT:
Rosalie del Rosario, NMFS, Southwest
Region Office, (562) 980–4085; or
Dwayne Meadows and Margaret H.
SUMMARY:
E:\FR\FM\11JAN1.SGM
11JAN1
]]>Agencies
[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1667-1668]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-298]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Nelson S. Galgoul, Av. Edison Passess 909, Rio De Janeiro, R.J.,
Brazil 20531-070, Respondent; Order Relating to Nelson S. Galgoul
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS''), has notified Nelson S. Galgoul (``Galgoul'') of its
intention to initiate an administrative proceeding against Galgoul
pursuant to Section 766.3 of the Export Administration Regulations (the
``Regulations''),\1\ and Section 13(c) of the Export Administration Act
of 1979, as amended (the ``Act''),\2\ through the issuance of a
Proposed Charging Letter to Galgoul that alleged that he committed one
violation of the Regulations. Specifically, the charge is:
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2011). The charged
violation occurred between 1995 and 2007. The Regulations governing
the violation at issue are found in the 1995-2007 versions of the
Code of Federal Regulations (15 CFR parts 730-774 (1995-2007)). The
2011 Regulations set forth the procedures that apply to this matter.
\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 part 2001 Comp. 783 (2002)),
which has been extended by successive Presidential Notices, the most
recent being that of August 12, 2011 (76 FR 50,661 (Aug. 16, 2011)),
has continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701, et seq.).
---------------------------------------------------------------------------
Charge 1 15 CFR 764.2(d)--Conspiracy
From on or about March 1, 1995, and continuing through on or about
February 28, 2007, Galgoul conspired and acted in concert with others,
known and unknown, to bring about an act that constitutes a violation
of the Regulations by agreeing to export an engineering software
program from the United States to Iran via Brazil, without the required
U.S. Government authorization. Pursuant to Section 746.7 of the
Regulations, authorization was required from the Office of Foreign
Assets Control, U.S. Department of the Treasury (``OFAC''), before the
engineering software program, an item subject to the Regulations \3\
and the Iranian Transactions Regulations (``ITR''),\4\ could be
exported from the United States to Iran. Pursuant to Section 560.204 of
the ITR, an export to a third country intended for transshipment to
Iran is a transaction subject to the ITR. In furtherance of the
conspiracy, Galgoul and his co-conspirators devised and employed a
scheme under which they would market, sell, and service the engineering
software program to Iranian clients through Galgoul, who was located in
Brazil. In so doing, Galgoul committed one violation of Section
764.2(d) of the Regulations.
---------------------------------------------------------------------------
\3\ The engineering software program is classified under Export
Control Classification Number (``ECCN'') 8D992.
\4\ 31 CFR 560 (1995-2007).
---------------------------------------------------------------------------
In so doing, Galgoul committed one violation of Section 764.2(d) of
the Regulations.
Whereas, BIS and Galgoul have entered into a Settlement Agreement
pursuant to Section 766.18(a) 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 three (3) years from the date of entry
of the Order, Nelson S. Galgoul, with a last known address of Av.
Edison Passess 909, Rio De Janeiro, R.J., Brazil 20531-070, and when
acting for or on his behalf, his representatives, assigns, agents, or
employees (hereinafter collectively referred to as ``Denied Person''),
may not, directly or indirectly, participate 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. Benefitting 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
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, after notice and opportunity for comment as provided
in Section 766.23 of the Regulations, any person, firm, corporation, or
business organization related to the Denied Person by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services may also be made subject to the provisions of
the Order.
Fourth, that the Proposed Charging Letter, the Settlement
Agreement, and this Order shall be made available to the public.
Fifth, that this Order shall be served on Galgoul and on BIS, and
shall be published in the Federal Register.
[[Page 1668]]
This Order, which constitutes the final agency action in this
matter, is effective immediately.\5\
---------------------------------------------------------------------------
\5\ Review and consideration of this matter have been delegated
to the Deputy Assistant Secretary for Export Enforcement.
---------------------------------------------------------------------------
Issued this 30th day of December, 2011.
----------------------------------------------------------------
----
Donald G. Salo, Jr.,
Acting Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2012-298 Filed 1-10-12; 8:45 am]
BILLING CODE P
