In the Matter of: Micei International, Respondent, 64795-64796 [2012-26058]

Download as PDF 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.). PO 00000 Frm 00002 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 http://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 http://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: PO 00000 Frm 00003 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 
http://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 http://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