In the Matter of: Micei International, Respondent, 64795-64796 [2012-26058]
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Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Notices
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF COMMERCE
Ronda L. Holbrook, U.S. Department of
Commerce, Human Resources
Operations Center (DOCHROC), Office
of Executive Resources Operations, 14th
and Constitution Avenue NW., Room
7419, Washington, DC 20230, at (202)
482–5243.
In
accordance with 5 U.S.C. 4314(c)(4), the
Economic Development Administration
(EDA), Department of Commerce (DOC),
announce the appointment of those
individuals who have been selected to
serve as members of EDA’s Performance
Review Board. The Performance Review
Board is responsible for (1) reviewing
performance appraisals and rating of
Senior Executive Service (SES) members
and (2) making recommendations to the
appointing authority on other
performance management issues, such
as pay adjustments, bonuses and
Presidential Rank Awards for SES
members. The appointment of these
members to the Performance Review
Board will be for a period of twenty-four
(24) months.
SUPPLEMENTARY INFORMATION:
The period of appointment for
those individuals selected for EDA’s
Performance Review Board begins on
October 23, 2012. The name, position
title, and type of appointment of each
member of EDA’s Performance Review
Board are set forth below by
organization:
1. Jeannette P. Tamayo, Chicago
Regional Director, EDA, career, serves as
Chair, new member.
2. Kenneth J.E. Hyatt, Acting Deputy
Under Secretary for International Trade,
International Trade (ITA), non-career,
new member.
3. Gordon T. Alston, Director,
Financial Reporting and Internal
Controls, OS, Office of the Chief
Financial Officer and Assistant
Secretary for Administration, career.
4. Edith J. McCloud, Associate
Director for Management, Minority
Business Development Agency, career.
mstockstill on DSK4VPTVN1PROD with NOTICES
DATES:
Dated: October 11, 2012.
Susan Boggs,
Director, Office of Staffing, Recruitment and
Classification, Department of Commerce
Human Resources Operations Center.
[FR Doc. 2012–26061 Filed 10–22–12; 8:45 am]
BILLING CODE 3510–25–P
VerDate Mar<15>2010
18:22 Oct 22, 2012
Jkt 229001
Bureau of Industry and Security
[08–BIS–0005]
In the Matter of: Micei International,
Respondent
Order Relating to Micei International
Whereas, the Bureau of Industry and
Security, U.S. Department of Commerce
(‘‘BIS’’), notified Micei International, of
Skopje, Macedonia (‘‘Micei’’) in 2008
that it initiated an administrative
proceeding against Micei 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 Charging Letter to Micei in
2008 that alleges that Micei committed
fourteen violations of the Regulations in
2003; 3
Whereas, an Administrative Law
Judge (‘‘ALJ’’) previously issued a
Recommended Decision and Order in
this proceeding containing findings of
fact and conclusions of law, including,
inter alia, that Micei was in default
under Section 766.7 of the Regulations,
and the then-Acting Under Secretary of
Commerce for Industry and Security
affirmed the ALJ’s recommended default
order through a Final Decision and
Order dated May 14, 2009 (the ‘‘May 14,
2009 Order’’);
Whereas, Micei subsequently filed
petitions for review of the May 14, 2009
Order, with the U.S. Court of Appeals
for the District of Columbia Circuit and
submitted briefs raising various
challenges to the order (Appellant/
Petitioner Brief filed Nov. 16, 2009, and
Reply Brief filed Dec. 30, 2009).4
Whereas, the May 14, 2009 Order
became effective on May 26, 2009, but
subsequently, on July 24, 2009, BIS
issued an Order Staying Enforcement of
Final Decision and Order Pending
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR Parts 730–
774 (2012). The alleged violations occurred in 2003.
The governing provisions of the EAR are found in
the 2003 version of the Code of Federal Regulations
(15 CFR Parts 730–774). The 2012 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, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential
Notices, the most recent being that of August15,
2012 (77 FR . 49699 (Aug. 16, 2012)), has continued
the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701,
et seq.).
3 See 74 FR 24,788 (May 26, 2009).
4 See Micei International v. Department of
Commerce, Nos. 09–1155 and 09–1186 (D.C. Cir.).
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Fmt 4703
Sfmt 4703
64795
Appeal with regard to the May 14, 2009
Order; 5
Whereas, on July 16, 2010, the U.S.
Court of Appeals for the District of
Columbia Circuit issued its Decision
and Order transferring Micei’s petition
for review to the U.S. District Court for
the District of Columbia.6 Accordingly,
Micei’s petition is currently pending as
Civil Action Number 1:10–cv–01237
(JDB) (the ‘‘petition for review’’);
Whereas, BIS and Micei 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;
Whereas, the Settlement Agreement
contains a provision that, if I approve
the terms of the Settlement Agreement
and issue this Order, the parties are
required to jointly submit to the District
Court within five days of my issuance
of this Order a stipulation of dismissal
with prejudice with regard to Micei’s
petition for review; and
Whereas, I have approved the terms of
such Settlement Agreement.
It is therefore ordered:
First, as set forth in the Settlement
Agreement, Micei shall implement an
Export Management and Compliance
Program no later than six months from
the effective date of this Order. Said
Export Management and Compliance
Program shall be in substantial
compliance with the BIS compliance
guidelines, which are available from the
BIS Web site at https://www.bis.doc.gov/
complianceandenforcement/emcp_
guidelines.pdf, and which are
incorporated herein by reference. A
copy of Micei’s Export Management and
Compliance Program shall be submitted
in English to the Department of
Commerce, Bureau of Industry and
Security, Office of Exporter Services,
Export Management and Compliance
Division, Attn: Tom Andrukonis, 14th
St. & Pennsylvania Ave. NW.,
Washington, DC 20230 (‘‘BIS Export
Management and Compliance
Division’’) no later than six months from
the effective date of this Order.
Second, as set forth in the Settlement
Agreement, Micei shall complete two
audits of its compliance with U.S.
export control laws (including
recordkeeping requirements), with
respect to all exports or reexports that
are subject to the Regulations. The
results of the audits, including any
relevant supporting materials, shall be
submitted in English to the BIS Export
Management and Compliance Division
5 See
FR 38,394 (August 3, 2009).
Micei International v. Department of
Commerce, 613 F.3d 1147 (D.C. Cir. 2010).
6 See
E:\FR\FM\23OCN1.SGM
23OCN1
mstockstill on DSK4VPTVN1PROD with NOTICES
64796
Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Notices
at the address listed in the paragraph
above. The first audit shall cover the
period from January 1, 2012, through
December 31, 2012, and the related
report shall be due to the BIS Export
Management and Compliance Division
no later than January 31, 2013. The
second audit shall cover the period from
January 1, 2013, through December 31,
2013, and the related report shall be due
to the BIS Export Management and
Compliance Division no later than
January 31, 2014. Said audits shall be in
substantial compliance with the EMS
sample audit module, which is available
on the BIS Web site at https://www.bis.
doc.gov/complianceandenforcement/
revised_emcp_audit.pdf, and shall
include an assessment of Micei’s
compliance with the Regulations. In
addition, where said audits identify
actual or potential violations of the
Regulations, Micei shall promptly
provide copies of the pertinent air
waybills and other export control
documents and supporting
documentation to the BIS Export
Management and Compliance Division.
Third, as set forth in the Settlement
Agreement, the full and timely
implementation of the Export
Management and Compliance Program,
as set forth above, and the timely
completion and submission of the
audits, as set forth above, are hereby
made conditions to the granting,
restoration, or continuing validity of any
export license, license exception,
permission, or privilege granted, or to be
granted, to Micei. Accordingly, if Micei
should fail to fully or timely implement
the Export Management and
Compliance Program, or to timely
complete and submit either of the audits
as agreed to by the Parties and as set
forth above, the undersigned may issue
an Order denying all of Micei’s export
privileges under the Regulations for a
period of one year from, respectively,
the date by which the Export
Management and Compliance Program
is to be implemented or the date by
which the results of the completed
audits are to be submitted.
Fourth, that the Charging Letter,
Settlement Agreement and this Order
shall be made available to the public
following the dismissal with prejudice
of Micei’s petition for review, along
with the order of dismissal with
prejudice by the District Court of
Micei’s petition for review.
Fifth, this Order shall become
effective, upon entry of an order of
dismissal with prejudice by the District
Court of Micei’s petition for review,
shall constitute final agency action in
this matter, and shall supersede and
void the May 14, 2009 Order.
VerDate Mar<15>2010
18:22 Oct 22, 2012
Jkt 229001
Issued this 11th day of October 2012.
Eric L. Hirschhorn,
Under Secretary of Commerce for Industry
and Security.
[FR Doc. 2012–26058 Filed 10–22–12; 8:45 am]
BILLING CODEP
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Membership of the Bureau of Industry
and Security Performance Review
Board
Bureau of Industry and
Security, Department of Commerce.
ACTION: Notice of Membership on the
Bureau of Industry and Security’s
Performance Review Board
Membership.
AGENCY:
In accordance with 5 U.S.C.
4314(c)(4), the Bureau of Industry and
Security (BIS), Department of Commerce
(DOC), announce the appointment of
those individuals who have been
selected to serve as members of BIS’s
Performance Review Board. The
Performance Review Board is
responsible for (1) reviewing
performance appraisals and rating of
Senior Executive Service (SES) members
and (2) making recommendations to the
appointing authority on other
performance management issues, such
as pay adjustments, bonuses and
Presidential Rank Awards for SES
members. The appointment of these
members to the Performance Review
Board will be for a period of twenty-four
(24) months.
DATES: The period of appointment for
those individuals selected for BIS’s
Performance Review Board begins on
October 23, 2012.
FOR FURTHER INFORMATION CONTACT:
Ruthie B. Stewart, Department of
Commerce Human Resources
Operations Center (DOCHROC), Office
of Staffing, Recruitment, and
Classification/Executive Resources
Operations, 14th and Constitution
Avenue NW., Room 7419, Washington,
DC 20230, at (202) 482–3130.
SUPPLEMENTARY INFORMATION: In
accordance with 5 U.S.C. 4314(c)(4), the
Bureau of Industry and Security (BIS),
Department of Commerce (DOC),
announce the appointment of those
individuals who have been selected to
serve as members of BIS’s Performance
Review Board. The Performance Review
Board is responsible for (1) reviewing
performance appraisals and rating of
Senior Executive Service (SES) members
and (2) making recommendations to the
appointing authority on other
SUMMARY:
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Fmt 4703
Sfmt 4703
performance management issues, such
as pay adjustments, bonuses and
Presidential Rank Awards for SES
members. The appointment of these
members to the Performance Review
Board will be for a period of twenty-four
(24) months.
DATES: The period of appointment for
those individuals selected for BIS’s
Performance Review Board begins on
October 23, 2012. The name, position
title, and type of appointment of each
member of BIS’s Performance Review
Board are set forth below by
organization:
Department of Commerce, Office of the
Secretary
Michael A. Levitt, Assistant General
Counsel for Legislation and
Regulations, Office of General
Counsel, Career SES
Geovette E. Washington, Deputy General
Counsel, Office of General Counsel,
Political Advisor (New Member)
Department of Commerce, Bureau of
Industry and Security
Daniel O. Hill, Deputy Under Secretary,
Career SES, Chairperson
Matthew S. Borman, Deputy Assistant
Secretary for Export Administration,
Career SES
Gay Shrum, Chief Financial Officer and
Director of Administration, Career
SES
Dated: October 11, 2012.
Susan Boggs,
Director, Office of Staffing, Recruitment and
Classification, Department of Commerce
Human Resources Operations Center.
[FR Doc. 2012–26062 Filed 10–22–12; 8:45 am]
BILLING CODE 3510–25–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Availability of Seats for the Monterey
Bay National Marine Sanctuary
Advisory Council
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice and request for
applications.
AGENCY:
The ONMS is seeking
applications for the following vacant
seats on the Monterey Bay National
Marine Sanctuary Advisory Council:
Agriculture, At-Large (2), Business/
Industry, Commercial Fishing,
Conservation, Recreation, Recreational
SUMMARY:
E:\FR\FM\23OCN1.SGM
23OCN1
Agencies
[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Notices]
[Pages 64795-64796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26058]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[08-BIS-0005]
In the Matter of: Micei International, Respondent
Order Relating to Micei International
Whereas, the Bureau of Industry and Security, U.S. Department of
Commerce (``BIS''), notified Micei International, of Skopje, Macedonia
(``Micei'') in 2008 that it initiated an administrative proceeding
against Micei 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 Charging Letter to Micei in 2008 that alleges that Micei
committed fourteen violations of the Regulations in 2003; \3\
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR Parts 730-774 (2012). The alleged
violations occurred in 2003. The governing provisions of the EAR are
found in the 2003 version of the Code of Federal Regulations (15 CFR
Parts 730-774). The 2012 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, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential Notices, the most
recent being that of August15, 2012 (77 FR . 49699 (Aug. 16, 2012)),
has continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701, et seq.).
\3\ See 74 FR 24,788 (May 26, 2009).
---------------------------------------------------------------------------
Whereas, an Administrative Law Judge (``ALJ'') previously issued a
Recommended Decision and Order in this proceeding containing findings
of fact and conclusions of law, including, inter alia, that Micei was
in default under Section 766.7 of the Regulations, and the then-Acting
Under Secretary of Commerce for Industry and Security affirmed the
ALJ's recommended default order through a Final Decision and Order
dated May 14, 2009 (the ``May 14, 2009 Order'');
Whereas, Micei subsequently filed petitions for review of the May
14, 2009 Order, with the U.S. Court of Appeals for the District of
Columbia Circuit and submitted briefs raising various challenges to the
order (Appellant/Petitioner Brief filed Nov. 16, 2009, and Reply Brief
filed Dec. 30, 2009).\4\
---------------------------------------------------------------------------
\4\ See Micei International v. Department of Commerce, Nos. 09-
1155 and 09-1186 (D.C. Cir.).
---------------------------------------------------------------------------
Whereas, the May 14, 2009 Order became effective on May 26, 2009,
but subsequently, on July 24, 2009, BIS issued an Order Staying
Enforcement of Final Decision and Order Pending Appeal with regard to
the May 14, 2009 Order; \5\
---------------------------------------------------------------------------
\5\ See FR 38,394 (August 3, 2009).
---------------------------------------------------------------------------
Whereas, on July 16, 2010, the U.S. Court of Appeals for the
District of Columbia Circuit issued its Decision and Order transferring
Micei's petition for review to the U.S. District Court for the District
of Columbia.\6\ Accordingly, Micei's petition is currently pending as
Civil Action Number 1:10-cv-01237 (JDB) (the ``petition for review'');
---------------------------------------------------------------------------
\6\ See Micei International v. Department of Commerce, 613 F.3d
1147 (D.C. Cir. 2010).
---------------------------------------------------------------------------
Whereas, BIS and Micei 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;
Whereas, the Settlement Agreement contains a provision that, if I
approve the terms of the Settlement Agreement and issue this Order, the
parties are required to jointly submit to the District Court within
five days of my issuance of this Order a stipulation of dismissal with
prejudice with regard to Micei's petition for review; and
Whereas, I have approved the terms of such Settlement Agreement.
It is therefore ordered:
First, as set forth in the Settlement Agreement, Micei shall
implement an Export Management and Compliance Program no later than six
months from the effective date of this Order. Said Export Management
and Compliance Program shall be in substantial compliance with the BIS
compliance guidelines, which are available from the BIS Web site at
https://www.bis.doc.gov/complianceandenforcement/emcp_guidelines.pdf,
and which are incorporated herein by reference. A copy of Micei's
Export Management and Compliance Program shall be submitted in English
to the Department of Commerce, Bureau of Industry and Security, Office
of Exporter Services, Export Management and Compliance Division, Attn:
Tom Andrukonis, 14th St. & Pennsylvania Ave. NW., Washington, DC 20230
(``BIS Export Management and Compliance Division'') no later than six
months from the effective date of this Order.
Second, as set forth in the Settlement Agreement, Micei shall
complete two audits of its compliance with U.S. export control laws
(including recordkeeping requirements), with respect to all exports or
reexports that are subject to the Regulations. The results of the
audits, including any relevant supporting materials, shall be submitted
in English to the BIS Export Management and Compliance Division
[[Page 64796]]
at the address listed in the paragraph above. The first audit shall
cover the period from January 1, 2012, through December 31, 2012, and
the related report shall be due to the BIS Export Management and
Compliance Division no later than January 31, 2013. The second audit
shall cover the period from January 1, 2013, through December 31, 2013,
and the related report shall be due to the BIS Export Management and
Compliance Division no later than January 31, 2014. Said audits shall
be in substantial compliance with the EMS sample audit module, which is
available on the BIS Web site at https://www.bis.doc.gov/complianceandenforcement/revised_emcp_audit.pdf, and shall include an
assessment of Micei's compliance with the Regulations. In addition,
where said audits identify actual or potential violations of the
Regulations, Micei shall promptly provide copies of the pertinent air
waybills and other export control documents and supporting
documentation to the BIS Export Management and Compliance Division.
Third, as set forth in the Settlement Agreement, the full and
timely implementation of the Export Management and Compliance Program,
as set forth above, and the timely completion and submission of the
audits, as set forth above, are hereby made conditions to the granting,
restoration, or continuing validity of any export license, license
exception, permission, or privilege granted, or to be granted, to
Micei. Accordingly, if Micei should fail to fully or timely implement
the Export Management and Compliance Program, or to timely complete and
submit either of the audits as agreed to by the Parties and as set
forth above, the undersigned may issue an Order denying all of Micei's
export privileges under the Regulations for a period of one year from,
respectively, the date by which the Export Management and Compliance
Program is to be implemented or the date by which the results of the
completed audits are to be submitted.
Fourth, that the Charging Letter, Settlement Agreement and this
Order shall be made available to the public following the dismissal
with prejudice of Micei's petition for review, along with the order of
dismissal with prejudice by the District Court of Micei's petition for
review.
Fifth, this Order shall become effective, upon entry of an order of
dismissal with prejudice by the District Court of Micei's petition for
review, shall constitute final agency action in this matter, and shall
supersede and void the May 14, 2009 Order.
Issued this 11th day of October 2012.
Eric L. Hirschhorn,
Under Secretary of Commerce for Industry and Security.
[FR Doc. 2012-26058 Filed 10-22-12; 8:45 am]
BILLING CODEP