In the Matter of:, 86-88 [2012-31442]
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86
Federal Register / Vol. 78, No. 1 / Wednesday, January 2, 2013 / Notices
Accordingly, it is hereby
Ordered
I. Until January 3, 2021, Emenike
Charles Nwankwoala, with last known
addresses at: currently incarcerated at:
Inmate Number 50756–037, FCI Elkton,
Federal Correctional Institution, P.O.
Box 10, Lisbon, OH 44432, and with an
address at: 15028 Courtland Place,
Laurel, MD 20707, and when acting for
or on behalf of Nwankwoala, his
representatives, assigns, agents or
employees (the ‘‘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, 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.
II. 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
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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.
III. After notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Nwankwoala by
affiliation, ownership, control or
position of responsibility in the conduct
of trade or related services may also be
subject to the provisions of this Order if
necessary to prevent evasion of the
Order.
IV. 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 foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until January
3, 2021.
VI. In accordance with Part 756 of the
Regulations, Nwankwoala may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of Part 756 of the
Regulations.
VII. A copy of this Order shall be
delivered to the Nwankwoala. This
Order shall be published in the Federal
Register.
Dated: Issued this 21st day of December,
2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012–31444 Filed 12–31–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of:
Henson Chua, 2945 Somerset Place,
San Marino, CA 91108, and with an
address at:
Henson Chua, 27 Cambridge Street,
Hillsborough Village, Muntin Lupa City,
Philippines, 1780,
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Respondent; Celltron Marketing
Company, a.k.a. Celltron Mktg. Co., 47A
G. Araneta Ave, Quezon City, MM
Philippines, 1105,
Related Person; Order Denying Export
Privileges
A. Denial of Export Privileges of
Henson Chua
On November 8, 2011, in the U.S.
District Court, Middle District of Florida
Tampa Division, Henson Chua (‘‘Chua’’)
was convicted of violating Section 38 of
the Arms Export Control Act (22 U.S.C.
2778 (2000)) (‘‘AECA’’). Specifically,
Chua was convicted of knowingly and
willfully causing the temporary import
into the United States, an unmanned
aerial vehicle, which was designated as
a defense article on the United States
Munitions List, without having first
obtained from the U.S. Department of
State a license or written authorization
for such temporary import.
Chua was sentenced to time served
followed by three years of supervised
release. Chua was ordered to pay a fine
of $13,000 and a special assessment of
$100.00. Chua is also listed on the U.S.
Department of State Debarred List.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
‘‘Regulations’’) 1 provides, in pertinent
part, that ‘‘[t]he Director of the Office of
Exporter Services, in consultation with
the Director of the Office of Export
Enforcement, may deny the export
privileges of any person who has been
convicted of a violation of the EAA, the
EAR, of any order, license or
authorization issued thereunder; any
regulation, license, or order issued
under the International Emergency
Economic Powers Act (50 U.S.C. 1701–
1706); 18 U.S.C. 793, 794 or 798; section
4(b) of the Internal Security Act of 1950
(50 U.S.C. 783(b)), or section 38 of the
Arms Export Control Act (22 U.S.C.
2778).’’ 15 CFR 766.25(a); see also
Section 11(h) of the EAA, 50 U.S.C. app.
§ 2410(h). The denial of export
privileges under this provision may be
for a period of up to 10 years from the
date of the conviction. 15 CFR
766.25(d); see also 50 U.S.C. app.
§ 2410(h). In addition, Section 750.8 of
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2012). The Regulations issued pursuant to the
EAA (50 U.S.C. app. §§ 2401–2420 (2000)). Since
August 21, 2001, the Export Administration Act
(‘‘EAA’’) 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, 2012 (77 FR
49699, August 16, 2012), has continued the
Regulations in effect under International Emergency
Economics Powers Act (50 U.S.C. 1701, et seq.
(2000)).
E:\FR\FM\02JAN1.SGM
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Federal Register / Vol. 78, No. 1 / Wednesday, January 2, 2013 / Notices
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the Regulations states that the Bureau of
Industry and Security’s Office of
Exporter Services may revoke any
Bureau of Industry and Security (‘‘BIS’’)
licenses previously issued in which the
person had an interest in at the time of
his conviction.
I have received notice of Chua’s
conviction for violating the AECA, and
have provided notice and an
opportunity for Chua to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. I have
received a submission from Chua. Based
upon my review and consultations with
BIS’s Office of Export Enforcement,
including its Director, and the facts
available to BIS, I have decided to deny
Chua’s export privileges under the
Regulations for a period of five years
from the date of Chua’s conviction. I
have also decided to revoke all licenses
issued pursuant to the Act or
Regulations in which Chua had an
interest at the time of his conviction.
B. Denial of Export Privileges of Related
Person
Pursuant to Sections 766.25(h) and
766.23 of the Regulations, the Director
of BIS’s Office of Exporter Services, in
consultation with the Director of BIS’s
Office of Export Enforcement, may take
action to name persons related to a
Respondent by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business in order to prevent evasion
of a denial order. Celltron is the name
of the company that Chua utilized in his
dealing with Immigration and Customs
Enforcement (‘‘ICE’’), Homeland
Security Investigations (‘‘HIS’’). He used
this company as the sender of the goods
to HIS/ICE. Therefore Celltron is related
to Chua by ownership, control, position
of responsibility, affiliation, or other
connection in the conduct of trade or
business. BIS believes that naming
Celltron as a related person to Chua is
necessary to avoid evasion of the denial
order against Chua.
As provided in Section 766.23 of the
Regulations, I gave notice to Celltron
that its export privileges under the
Regulations could be denied for up to 10
years due to its relationship with Chua
and that BIS believes naming it as a
person related to Chua would be
necessary to prevent evasion of a denial
order imposed against Chua. In
providing such notice, I gave Celltron an
opportunity to oppose its addition to the
Chua Denial Order as a related party.
Having received a submission from
Chua, I have decided, following
consultations with BIS’s Office of
Export Enforcement, including its
Director, to name Celltron as a Related
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Jkt 229001
Person to the Chua Denial Order,
thereby denying its export privileges for
five years from the date of Chua’s
conviction.
I have also decided to revoke all
licenses issued pursuant to the Act or
Regulations in which the Related Person
had an interest at the time of Chua’s
conviction. The five-year denial period
will end on November 8, 2016.
Accordingly, it is hereby
Ordered
I. Until November 8, 2016, Henson
Chua, with last known addresses at:
2945 Somerset Place, San Marino, CA
91108, and 27 Cambridge Street,
Hillsborough Village, Muntin Lupa City,
Philippines, 1780, and when acting for
or on behalf of Chua, his
representatives, assigns, agents or
employees (collectively referred to
hereinafter as the ‘‘Denied Person’’), and
the following person related to the
Denied Person as defined by Section
766.23 of the Regulations: Celltron
Marketing Company, a.k.a. Celltron
Mktg. Co., with a last known address at:
47A G. Araneta Ave, Quezon City, MM
Philippines, 1105, and when acting for
or on behalf of Celltron, its successors
or assigns, agents, or employees (‘‘the
Related Person’’) (together, the Denied
Person and the Related Person are
‘‘Persons Subject to this Order’’), 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.
II. No person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Persons Subject to this Order any
item subject to the Regulations;
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87
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Persons Subject to this Order 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 Persons Subject
to this Order acquire or attempt to
acquire such ownership, possession or
control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Persons Subject to
this Order of any item subject to the
Regulations that has been exported from
the United States;
D. Obtain from the Persons Subject to
this Order 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 Persons
Subject to this Order, or service any
item, of whatever origin, that is owned,
possessed or controlled by the Persons
Subject to this Order 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.
III. In addition to the Related Person
named above, after notice and
opportunity for comment as provided in
section 766.23 of the Regulations, any
other 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 this Order if necessary to
prevent evasion of the Order.
IV. 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 foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until
November 8, 2016.
VI. In accordance with Part 756 of the
Regulations, Chua may file an appeal of
this Order with the Under Secretary of
Commerce for Industry and Security.
The appeal must be filed within 45 days
from the date of this Order and must
comply with the provisions of Part 756
of the Regulations.
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88
Federal Register / Vol. 78, No. 1 / Wednesday, January 2, 2013 / Notices
VII. In accordance with Part 756 of the
Regulations, the Related Person may
also file an appeal of this Order with the
Under Secretary of Commerce for
Industry and Security. The appeal must
be filed within 45 days from the date of
this Order and must comply with the
provisions of Part 756 of the
Regulations.
VIII. A copy of this Order shall be
delivered to the Denied Person and the
Related Person. This Order shall be
published in the Federal Register.
Issued this 21st day of December 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
Rescission of Review
[FR Doc. 2012–31442 Filed 12–31–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–886]
Polyethylene Retail Carrier Bags From
the People’s Republic of China:
Rescission of Antidumping Duty
Administrative Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding its
administrative review of the
antidumping duty order on
polyethylene retail carrier bags (PRCBs)
from the People’s Republic of China
(PRC) for the period August 1, 2011,
through July 31, 2012.
DATES: Effective Date: January 2, 2013.
FOR FURTHER INFORMATION CONTACT:
Jerrold Freeman at 202–482–0180 or
Catherine Cartsos at 202–482–1757, AD/
CVD Operations Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On August 1, 2012, we published a
notice of opportunity to request an
administrative review of the
antidumping duty order on PRCBs from
the PRC for the period of review August
1, 2011, through July 31, 2012.1 On
August 31, 2012, the petitioners, the
Polyethylene Retail Carrier Bag
Committee and its individual members,
Hilex Poly Co., LLC, and Superbag
1 See
Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 77 FR 45580
(August 1, 2012).
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Corporation, requested an
administrative review of the order with
respect to Dongguan Nozawa Plastics
Products Co., Ltd. and United Power
Packaging, Ltd. (collectively, Nozawa).2
On September 26, 2012, in accordance
with section 751(a) of the Tariff Act of
1930, as amended (Act) and 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of the order on
PRCBs from the PRC with respect to
Nozawa.3
On November 21, 2012, the
petitioners withdrew their request for an
administrative review.4
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, ‘‘in whole or in
part, if a party that requested a review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review.’’ The
petitioners withdrew their request for
review within the 90-day time limit.
Because we received no other requests
for review of Nozawa and no other
requests for the review of the order on
PRCBs from the PRC with respect to
other companies subject to the order, we
are rescinding the administrative review
of the order in full. This rescission is in
accordance with 19 CFR 351.213(d)(1).
Accordingly, the Department intends
to issue appropriate assessment
instructions to U.S. Customs and Border
Protection 15 days after publication of
this notice.
Notification to Importer
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
2 See letter from the petitioners to the
Department, ‘‘Polyethylene Retail Carrier Bags from
the People’s Republic of China: Request for
Administrative Review’’ (August 31, 2012).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 77 FR 59168
(September 26, 2012).
4 See letter from the petitioners to the
Department, ‘‘Polyethylene Retail Carrier Bags from
the People’s Republic of China: Withdrawal of
Request for Administrative Review’’ (November 21,
2012).
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Notification Regarding Administrative
Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under an APO in accordance
with 19 CFR 351.305(a)(3). 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 sanctionable violation.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR 351.213
(d)(4).
Dated: December 21, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–31542 Filed 12–31–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Initiation of
Antidumping Duty New Shipper
Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Department) has determined that a
request for a new shipper review (NSR)
under the antidumping duty order on
fresh garlic from the People’s Republic
of China (PRC) meets the statutory and
regulatory requirements for initiation.
The period of review (POR) is November
1, 2011, through October 31, 2012.
SUMMARY:
DATES:
Effective Date: January 2, 2012.
FOR FURTHER INFORMATION CONTACT:
Lingjun Wang, AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–2316.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
antidumping duty order on fresh garlic
from the PRC in the Federal Register on
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]]>Agencies
[Federal Register Volume 78, Number 1 (Wednesday, January 2, 2013)]
[Notices]
[Pages 86-88]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31442]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of:
Henson Chua, 2945 Somerset Place, San Marino, CA 91108, and with an
address at:
Henson Chua, 27 Cambridge Street, Hillsborough Village, Muntin Lupa
City, Philippines, 1780,
Respondent; Celltron Marketing Company, a.k.a. Celltron Mktg. Co.,
47A G. Araneta Ave, Quezon City, MM Philippines, 1105,
Related Person; Order Denying Export Privileges
A. Denial of Export Privileges of Henson Chua
On November 8, 2011, in the U.S. District Court, Middle District of
Florida Tampa Division, Henson Chua (``Chua'') was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2000)) (``AECA''). Specifically, Chua was convicted of knowingly and
willfully causing the temporary import into the United States, an
unmanned aerial vehicle, which was designated as a defense article on
the United States Munitions List, without having first obtained from
the U.S. Department of State a license or written authorization for
such temporary import.
Chua was sentenced to time served followed by three years of
supervised release. Chua was ordered to pay a fine of $13,000 and a
special assessment of $100.00. Chua is also listed on the U.S.
Department of State Debarred List.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director
of the Office of Exporter Services, in consultation with the Director
of the Office of Export Enforcement, may deny the export privileges of
any person who has been convicted of a violation of the EAA, the EAR,
of any order, license or authorization issued thereunder; any
regulation, license, or order issued under the International Emergency
Economic Powers Act (50 U.S.C. 1701-1706); 18 U.S.C. 793, 794 or 798;
section 4(b) of the Internal Security Act of 1950 (50 U.S.C. 783(b)),
or section 38 of the Arms Export Control Act (22 U.S.C. 2778).'' 15 CFR
766.25(a); see also Section 11(h) of the EAA, 50 U.S.C. app. Sec.
2410(h). The denial of export privileges under this provision may be
for a period of up to 10 years from the date of the conviction. 15 CFR
766.25(d); see also 50 U.S.C. app. Sec. 2410(h). In addition, Section
750.8 of
[[Page 87]]
the Regulations states that the Bureau of Industry and Security's
Office of Exporter Services may revoke any Bureau of Industry and
Security (``BIS'') licenses previously issued in which the person had
an interest in at the time of his conviction.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2012). The Regulations
issued pursuant to the EAA (50 U.S.C. app. Sec. Sec. 2401-2420
(2000)). Since August 21, 2001, the Export Administration Act
(``EAA'') 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, 2012 (77 FR 49699, August 16, 2012),
has continued the Regulations in effect under International
Emergency Economics Powers Act (50 U.S.C. 1701, et seq. (2000)).
---------------------------------------------------------------------------
I have received notice of Chua's conviction for violating the AECA,
and have provided notice and an opportunity for Chua to make a written
submission to BIS, as provided in Section 766.25 of the Regulations. I
have received a submission from Chua. Based upon my review and
consultations with BIS's Office of Export Enforcement, including its
Director, and the facts available to BIS, I have decided to deny Chua's
export privileges under the Regulations for a period of five years from
the date of Chua's conviction. I have also decided to revoke all
licenses issued pursuant to the Act or Regulations in which Chua had an
interest at the time of his conviction.
B. Denial of Export Privileges of Related Person
Pursuant to Sections 766.25(h) and 766.23 of the Regulations, the
Director of BIS's Office of Exporter Services, in consultation with the
Director of BIS's Office of Export Enforcement, may take action to name
persons related to a Respondent by ownership, control, position of
responsibility, affiliation, or other connection in the conduct of
trade or business in order to prevent evasion of a denial order.
Celltron is the name of the company that Chua utilized in his dealing
with Immigration and Customs Enforcement (``ICE''), Homeland Security
Investigations (``HIS''). He used this company as the sender of the
goods to HIS/ICE. Therefore Celltron is related to Chua by ownership,
control, position of responsibility, affiliation, or other connection
in the conduct of trade or business. BIS believes that naming Celltron
as a related person to Chua is necessary to avoid evasion of the denial
order against Chua.
As provided in Section 766.23 of the Regulations, I gave notice to
Celltron that its export privileges under the Regulations could be
denied for up to 10 years due to its relationship with Chua and that
BIS believes naming it as a person related to Chua would be necessary
to prevent evasion of a denial order imposed against Chua. In providing
such notice, I gave Celltron an opportunity to oppose its addition to
the Chua Denial Order as a related party. Having received a submission
from Chua, I have decided, following consultations with BIS's Office of
Export Enforcement, including its Director, to name Celltron as a
Related Person to the Chua Denial Order, thereby denying its export
privileges for five years from the date of Chua's conviction.
I have also decided to revoke all licenses issued pursuant to the
Act or Regulations in which the Related Person had an interest at the
time of Chua's conviction. The five-year denial period will end on
November 8, 2016.
Accordingly, it is hereby
Ordered
I. Until November 8, 2016, Henson Chua, with last known addresses
at: 2945 Somerset Place, San Marino, CA 91108, and 27 Cambridge Street,
Hillsborough Village, Muntin Lupa City, Philippines, 1780, and when
acting for or on behalf of Chua, his representatives, assigns, agents
or employees (collectively referred to hereinafter as the ``Denied
Person''), and the following person related to the Denied Person as
defined by Section 766.23 of the Regulations: Celltron Marketing
Company, a.k.a. Celltron Mktg. Co., with a last known address at: 47A
G. Araneta Ave, Quezon City, MM Philippines, 1105, and when acting for
or on behalf of Celltron, its successors or assigns, agents, or
employees (``the Related Person'') (together, the Denied Person and the
Related Person are ``Persons Subject to this Order''), 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.
II. No person may, directly or indirectly, do any of the following:
A. Export or reexport to or on behalf of the Persons Subject to
this Order any item subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Persons Subject to this Order 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 Persons
Subject to this Order acquire or attempt to acquire such ownership,
possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the Persons Subject to this Order of any
item subject to the Regulations that has been exported from the United
States;
D. Obtain from the Persons Subject to this Order 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 Persons Subject to
this Order, or service any item, of whatever origin, that is owned,
possessed or controlled by the Persons Subject to this Order 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.
III. In addition to the Related Person named above, after notice
and opportunity for comment as provided in section 766.23 of the
Regulations, any other 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 this
Order if necessary to prevent evasion of the Order.
IV. 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.
V. This Order is effective immediately and shall remain in effect
until November 8, 2016.
VI. In accordance with Part 756 of the Regulations, Chua may file
an appeal of this Order with the Under Secretary of Commerce for
Industry and Security. The appeal must be filed within 45 days from the
date of this Order and must comply with the provisions of Part 756 of
the Regulations.
[[Page 88]]
VII. In accordance with Part 756 of the Regulations, the Related
Person may also file an appeal of this Order with the Under Secretary
of Commerce for Industry and Security. The appeal must be filed within
45 days from the date of this Order and must comply with the provisions
of Part 756 of the Regulations.
VIII. A copy of this Order shall be delivered to the Denied Person
and the Related Person. This Order shall be published in the Federal
Register.
Issued this 21st day of December 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012-31442 Filed 12-31-12; 8:45 am]
BILLING CODE P
