Order Relating to Billy L. Powell, Sr., 38922-38924 [2013-15253]

Download as PDF 38922 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Notices financial assistance is expended. Audits are governed by United States Department of Agriculture audit regulations. Please see 7 CFR 1703.108. 3. Recipient and Subrecipient Reporting. The applicant must have the necessary processes and systems in place to comply with the reporting requirements for first-tier sub-awards and executive compensation under the Federal Funding Accountability and Transparency Act of 2006 in the event the applicant receives funding unless such applicant is exempt from such reporting requirements pursuant to 2 CFR part 170, § 170.110(b). The reporting requirements under the Transparency Act pursuant to 2 CFR part 170 are as follows: a. First Tier Sub-Awards of $25,000 or more in non-Recovery Act funds (unless they are exempt under 2 CFR part 170) must be reported by the Recipient to https://www.fsrs.gov no later than the end of the month following the month the obligation was made. Please note that currently underway is a consolidation of eight federal procurement systems, including the Sub-award Reporting System (FSRS), into one system, the System for Award Management (SAM). As result the FSRS will soon be consolidated into and accessed through https://www.sam.gov/ portal/public/SAM/. b. The Total Compensation of the Recipient’s Executives (5 most highly compensated executives) must be reported by the Recipient (if the Recipient meets the criteria under 2 CFR part 170) to https://www.sam.gov/ portal/public/SAM/ by the end of the month following the month in which the award was made. c. The Total Compensation of the Subrecipient’s Executives (5 most highly compensated executives) must be reported by the Subrecipient (if the Subrecipient meets the criteria under 2 CFR part 170) to the Recipient by the end of the month following the month in which the subaward was made. 4. Record Keeping and Accounting. The grant contract will contain provisions relating to record keeping and accounting requirements. tkelley on DSK3SPTVN1PROD with NOTICES VIII. Agency Contacts A. Web site: https:// www.rurdev.usda.gov/UTP_DLT.html. The DLT Web site maintains up-to-date resources and contact information for DLT programs. B. Telephone: 202–720–0665. C. Fax: 202–720–1051. D. Email: dltinfo@wdc.usda.gov. E. Main point of contact: Norberto Esteves, Acting Director, Advanced VerDate Mar<15>2010 19:17 Jun 27, 2013 Jkt 229001 Services Division, Telecommunications Program, Rural Utilities Service. Dated: June 24, 2013. John Charles Padalino, Administrator, Rural Utilities Service. [FR Doc. 2013–15597 Filed 6–27–13; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S–100–2013] Foreign-Trade Zone 79—Tampa, Florida, Foreign-Trade Subzone 79C— Cutrale Citrus Juices USA, Inc., Application for Additional Subzone Sites An application has been submitted to the Foreign-Trade Zones Board (the Board) by the City of Tampa, grantee of FTZ 79, requesting two additional sites for Subzone 79C located in Dade City and Leesburg, Florida. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on June 24, 2013. Subzone 79C was approved on June 17, 2013 (S–95–2013) with a site (515.57 acres) located at 602 McKean Street in Auburndale (Polk County) subject to a three-year ASF sunset provision to June 30, 2016. The applicant is now requesting authority to include two additional sites: Proposed Site 2 (5.03 acres)— 38000 Cargill Way, Dade City (Pasco County); and, Proposed Site 3 (35.31 acres)—11 Cloud Street, Leesburg (Lake County). The proposed subzone sites would be subject to the existing activation limit of FTZ 79 and to the existing sunset provision applicable to Site 1 of the subzone. No authorization for production activity has been requested at this time. In accordance with the Board’s regulations, Camille Evans of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary. Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is August 7, 2013. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to August 22, 2013. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Camille Evans at Camille.Evans@trade.gov or (202) 482– 2350. Dated: June 24, 2013. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2013–15548 Filed 6–27–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–19–2013] Foreign-Trade Zone 189—Kent/Ottawa/ Muskegon Counties, Michigan; Authorization of Production Activity; Southern Lithoplate, Inc. (Aluminum Printing Plates); Grand Rapids, Michigan On February 22, 2013, Southern Lithoplate, Inc. submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board for its facility within FTZ 189—Site 10, in Grand Rapids, Michigan. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (78 FR 14074, 3–4– 2013). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board’s regulations, including Section 400.14. Dated: June 24, 2013. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2013–15549 Filed 6–27–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Relating to Billy L. Powell, Sr. In the Matter of: Billy L. Powell, Sr., 1911 Hickory Creek, Kingwood, TX 77339, Respondent. The Bureau of Industry and Security, U.S. Department of Commerce (‘‘BIS’’), E:\FR\FM\28JNN1.SGM 28JNN1 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Notices has notified Billy L. Powell, Sr. of Kingwood, TX (‘‘Powell’’), of its intention to initiate an administrative proceeding against Powell 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 Powell that alleges that Powell committed fifty violations of the Regulations. Specifically, the charges are: tkelley on DSK3SPTVN1PROD with NOTICES Charges 1–50 15 CFR 764.2(e)—Acting With Knowledge of a Violation On fifty occasions, between on or about January 14, 2006, and on or about February 23, 2008, Powell violated the Regulations by selling or transferring various oil and gas equipment parts, items subject to the Regulations 3 and the Iranian Transactions Regulations,4 that were exported or to be exported from the United States to Iran via transshipment through the United Arab Emirates, with knowledge that a violation of the Regulations was occurring, was about to occur, or was intended to occur in connection with the items. Specifically, Powell sold or transferred the items with knowledge that licenses were required for such exports and that no licenses had been obtained. Pursuant to Section 560.204 of the Iranian Transactions Regulations administered by the Department of the Treasury’s Office of Foreign Assets Control (‘‘OFAC’’), an export to a third country intended for transshipment to Iran is a transaction that requires OFAC authorization.5 Pursuant to Section 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR Parts 730– 774 (2013). The charged violations occurred in 2006–2008. The Regulations governing the violations at issue are found in the 2006–2008 versions of the Code of Federal Regulations (15 CFR Parts 730–774) (2006–2008)). The 2013 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 August 15, 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.) (2006 & Supp. IV 2010). 3 These items were designated as EAR99, which is a designation for items subject to the Regulations but not listed on the Commerce Control List. 15 CFR 734.3(c) (2006–2008). 4 31 CFR Part 560 (2006–2008). Administered by the Treasury Department’s Office of Foreign Assets Control (‘‘OFAC’’), the ITR were renamed the Iranian Transactions and Sanctions Regulations (‘‘ITSR’’) and reissued in their entirety by OFAC on October 22, 2012. See 77 FR 64,664 (Oct. 22, 2012). Section 560.204 remains unchanged in pertinent part. See 31 CFR 560.204 (2006–2008 and 2012). 5 See also 15 CFR 734.2(b)(6). VerDate Mar<15>2010 19:17 Jun 27, 2013 Jkt 229001 746.7 of the Regulations, no person may engage in the exportation of an item subject to both the Regulations and the Iranian Transactions Regulations without authorization from OFAC. No OFAC authorization was obtained for the exports described herein. Powell knew or had reason to know that he was violating the Regulations by engaging in these transactions, because prior to engaging in these transactions, Powell had knowledge of the U.S. Government’s embargo on exports to Iran based on, inter alia, multiple outreach visits and contacts by U.S. law enforcement agents between 2000 and 2007, regarding the licensing requirements for exports to embargoed destinations, including Iran. In engaging in this activity, Powell committed fifty violations of Section 764.2(e) of the Regulations. Whereas, BIS and Powell 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, Powell shall be assessed a civil penalty in the amount of $100,000, the payment of which shall be made to the U.S. Department of Commerce within 30 days of the date of this Order. Second, that, pursuant to the Debt Collection Act of 1982, as amended (31 U.S.C. 3701–3720E (2000)), the civil penalty owed under this Order accrues interest as more fully described in the attached Notice, and if payment is not made by the due date specified herein, Powell will be assessed, in addition to the full amount of the civil penalty and interest, a penalty charge and an administrative charge, as more fully described in the attached Notice. Third, that for a period of five (5) years from the date of this Order, Billy L. Powell, Sr., with a last known address of 1911 Hickory Creek, Kingwood, TX 77339, and when acting for or on his behalf, his successors, assigns, representatives, 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: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 38923 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. Fourth, 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. Fifth, 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, E:\FR\FM\28JNN1.SGM 28JNN1 38924 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Notices control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of the Order. Sixth, that the Proposed Charging Letter, the Settlement Agreement, and this Order shall be made available to the public. Seventh, that this Order shall be served on Powell, and shall be published in the Federal Register. This Order, which constitutes the final agency action in this matter, is effective immediately. Issued this 19th day of June, 2013. David W. Mills, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2013–15253 Filed 6–27–13; 8:45 am] BILLING CODE M Notice of No Sales If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (‘‘POR’’), it must notify the Department within 60 days of publication of this notice in the Federal Register. All submissions must be filed electronically at https:// iaaccess.trade.gov in accordance with 19 CFR 351.303. See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (‘‘Act’’). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on the Department’s service list. DEPARTMENT OF COMMERCE Respondent Selection International Trade Administration In the event the Department limits the number of respondents for individual examination for administrative reviews, the Department intends to select respondents based on U.S. Customs and Border Protection (‘‘CBP’’) data for U.S. imports during the POR. We intend to release the CBP data under Administrative Protective Order (‘‘APO’’) to all parties having an APO within seven days of publication of this initiation notice and to make our decision regarding respondent selection within 21 days of publication of this Federal Register notice. The Department invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the applicable review. In the event the Department decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, the Department has found that determinations concerning whether particular companies should be ‘‘collapsed’’ (i.e., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, the Department will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (i.e., investigation, administrative review, new shipper Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with May anniversary dates. In accordance with the Department’s regulations, we are initiating those administrative reviews. DATES: Effective Date: June 28, 2013. FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD Operations, Customs Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: AGENCY: tkelley on DSK3SPTVN1PROD with NOTICES Background The Department has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various antidumping and countervailing duty orders and findings with May anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting time. VerDate Mar<15>2010 19:17 Jun 27, 2013 Jkt 229001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 review or changed circumstances review). For any company subject to this review, if the Department determined, or continued to treat, that company as collapsed with others, the Department will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, the Department will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete the Quantity and Value Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of this proceeding where the Department considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that has requested a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that the Department may extend this time if it is reasonable to do so. In order to provide parties additional certainty with respect to when the Department will exercise its discretion to extend this 90-day deadline, interested parties are advised that the Department does not intend to extend the 90-day deadline unless the requestor demonstrates that an extraordinary circumstance has prevented it from submitting a timely withdrawal request. Determinations by the Department to extend the 90-day deadline will be made on a case-by-case basis. Separate Rates In proceedings involving non-market economy (‘‘NME’’) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of merchandise subject to an administrative review in an NME country this single rate unless an E:\FR\FM\28JNN1.SGM 28JNN1

Agencies

[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Notices]
[Pages 38922-38924]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15253]


-----------------------------------------------------------------------

 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Relating to Billy L. Powell, Sr.

    In the Matter of: Billy L. Powell, Sr., 1911 Hickory Creek, 
Kingwood, TX 77339, Respondent.

    The Bureau of Industry and Security, U.S. Department of Commerce 
(``BIS''),

[[Page 38923]]

has notified Billy L. Powell, Sr. of Kingwood, TX (``Powell''), of its 
intention to initiate an administrative proceeding against Powell 
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 Powell that alleges that Powell committed 
fifty violations of the Regulations. Specifically, the charges are:
---------------------------------------------------------------------------

    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2013). The charged 
violations occurred in 2006-2008. The Regulations governing the 
violations at issue are found in the 2006-2008 versions of the Code 
of Federal Regulations (15 CFR Parts 730-774) (2006-2008)). The 2013 
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 August 15, 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.) (2006 & 
Supp. IV 2010).
---------------------------------------------------------------------------

Charges 1-50 15 CFR 764.2(e)--Acting With Knowledge of a Violation

    On fifty occasions, between on or about January 14, 2006, and on or 
about February 23, 2008, Powell violated the Regulations by selling or 
transferring various oil and gas equipment parts, items subject to the 
Regulations \3\ and the Iranian Transactions Regulations,\4\ that were 
exported or to be exported from the United States to Iran via 
transshipment through the United Arab Emirates, with knowledge that a 
violation of the Regulations was occurring, was about to occur, or was 
intended to occur in connection with the items. Specifically, Powell 
sold or transferred the items with knowledge that licenses were 
required for such exports and that no licenses had been obtained. 
Pursuant to Section 560.204 of the Iranian Transactions Regulations 
administered by the Department of the Treasury's Office of Foreign 
Assets Control (``OFAC''), an export to a third country intended for 
transshipment to Iran is a transaction that requires OFAC 
authorization.\5\ Pursuant to Section 746.7 of the Regulations, no 
person may engage in the exportation of an item subject to both the 
Regulations and the Iranian Transactions Regulations without 
authorization from OFAC. No OFAC authorization was obtained for the 
exports described herein.
---------------------------------------------------------------------------

    \3\ These items were designated as EAR99, which is a designation 
for items subject to the Regulations but not listed on the Commerce 
Control List. 15 CFR 734.3(c) (2006-2008).
    \4\ 31 CFR Part 560 (2006-2008). Administered by the Treasury 
Department's Office of Foreign Assets Control (``OFAC''), the ITR 
were renamed the Iranian Transactions and Sanctions Regulations 
(``ITSR'') and reissued in their entirety by OFAC on October 22, 
2012. See 77 FR 64,664 (Oct. 22, 2012). Section 560.204 remains 
unchanged in pertinent part. See 31 CFR 560.204 (2006-2008 and 
2012).
    \5\ See also 15 CFR 734.2(b)(6).
---------------------------------------------------------------------------

    Powell knew or had reason to know that he was violating the 
Regulations by engaging in these transactions, because prior to 
engaging in these transactions, Powell had knowledge of the U.S. 
Government's embargo on exports to Iran based on, inter alia, multiple 
outreach visits and contacts by U.S. law enforcement agents between 
2000 and 2007, regarding the licensing requirements for exports to 
embargoed destinations, including Iran. In engaging in this activity, 
Powell committed fifty violations of Section 764.2(e) of the 
Regulations.
    Whereas, BIS and Powell 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, Powell shall be assessed a civil penalty in the amount of 
$100,000, the payment of which shall be made to the U.S. Department of 
Commerce within 30 days of the date of this Order.
    Second, that, pursuant to the Debt Collection Act of 1982, as 
amended (31 U.S.C. 3701-3720E (2000)), the civil penalty owed under 
this Order accrues interest as more fully described in the attached 
Notice, and if payment is not made by the due date specified herein, 
Powell will be assessed, in addition to the full amount of the civil 
penalty and interest, a penalty charge and an administrative charge, as 
more fully described in the attached Notice.
    Third, that for a period of five (5) years from the date of this 
Order, Billy L. Powell, Sr., with a last known address of 1911 Hickory 
Creek, Kingwood, TX 77339, and when acting for or on his behalf, his 
successors, assigns, representatives, 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.
    Fourth, 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.
    Fifth, 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,

[[Page 38924]]

control, or position of responsibility in the conduct of trade or 
related services may also be made subject to the provisions of the 
Order.
    Sixth, that the Proposed Charging Letter, the Settlement Agreement, 
and this Order shall be made available to the public.
    Seventh, that this Order shall be served on Powell, and shall be 
published in the Federal Register.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.

    Issued this 19th day of June, 2013.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2013-15253 Filed 6-27-13; 8:45 am]
BILLING CODE M

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