Order Relating To Berty Tyloo, 4842-4844 [2017-00893]

Download as PDF 4842 Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is March 20, 2017. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to April 3, 2017. 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 FTZ 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: January 10, 2017. Andrew McGilvray, Executive Secretary. [FR Doc. 2017–00870 Filed 1–13–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board Dated: January 9, 2017. Andrew McGilvray, Executive Secretary. [B–04–2017] sradovich on DSK3GMQ082PROD with NOTICES Foreign-Trade Zone (FTZ) 277— Western Maricopa County, Arizona Notification of Proposed Production Activity; IRIS USA, Inc. (Plastic Household Storage/Organizational Containers), Surprise, Arizona 18:21 Jan 13, 2017 Jkt 241001 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request; Voluntary SelfDisclosure of Antiboycott Violations The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: Bureau of Industry and Security. Title: Voluntary Self-Disclosure of Antiboycott Violations. Form Number(s): N/A. OMB Control Number: 0694–0132. Type of Review: Regular submission. Estimated Total Annual Burden Hours: 7,230. Estimated Number of Respondents: 15. Estimated Time per Response: 10 to 600 hours. Needs and Uses: This collection of information supports enforcement of the Antiboycott provisions of the Export Administration Regulations (EAR) by providing a method for industry to PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 voluntarily self-disclose Antiboycott violations. Affected Public: Business or other forprofit organizations. Frequency: On Occasion. Respondent’s Obligation: Voluntary. This information collection request may be viewed at reginfo.gov https:// www.reginfo.gov/public/. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. Sheleen Dumas, PRA Departmental Lead, Office of the Chief Information Officer. [FR Doc. 2017–00798 Filed 1–13–17; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Relating To Berty Tyloo [FR Doc. 2017–00867 Filed 1–13–17; 8:45 am] IRIS USA, Inc. (IRIS) submitted a notification of proposed production activity to the FTZ Board for its facility in Surprise, Arizona, within FTZ 277. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on December 23, 2016. IRIS has a pending production notification to produce plastic household storage/organizational containers and pet carriers/pens within Site 12 of FTZ 277 (B–68–2016, 81 FR 71045–71046, October 14, 2016). The current request would add a foreignstatus component (steel wire dividers) to the scope of authority. Pursuant to 15 CFR 400.14(b), additional FTZ authority would be limited to the specific foreignstatus component described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt IRIS from customs duty payments on the foreign-status component used in export production. On its domestic sales, IRIS would be VerDate Sep<11>2014 able to choose the duty rates during customs entry procedures that apply to finished products—plastic household storage/organizational containers and pet carriers/pens (duty rates range from free to 5.3%)—authorized by the FTZ Board for the foreign-status steel wire dividers (duty rate, 3.4%). Customs duties also could possibly be deferred or reduced on foreign-status production equipment. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is February 27, 2017. A copy of the notification 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 FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Diane Finver at Diane.Finver@trade.gov or (202) 482–1367. In the Matter of: Berty Tyloo with last known addresses of: Rue du Pont Nerf 2, Morges, Switzerland and Rue du Centre, 2, 1131 Tolochenaz, Morges, Switzerland, Respondent The Bureau of Industry and Security, U.S. Department of Commerce (‘‘BIS’’), has notified Berty Tyloo, of Morges, Switzerland (‘‘Tyloo’’), of its intention to initiate an administrative proceeding against Tyloo 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 Tyloo that alleges that Tyloo committed one violation of the Regulations. Specifically, the charge is: 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2016). The charged violation occurred in 2013. The Regulations governing the violation at issue are found in the 2013 version of the Code of Federal Regulations (15 CFR parts 730–774). The 2016 Regulations set forth the procedures that apply to this matter. 2 50 U.S.C. 4601–4623 (Supp. III 2015). Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13,222 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 4, 2016 (81 FR 52,587 (Aug. 8, 2016)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2012)). E:\FR\FM\17JAN1.SGM 17JAN1 Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES Charge 1 15 CFR 764.2(g): Misrepresentation and Concealment of Facts in the Course of an Investigation On or about June 14, 2013, Tyloo made false or misleading statements to BIS in the course of an investigation. Specifically, Tyloo was interviewed by two BIS supervisory special agents on or about June 14, 2013, in relation to an investigation of unlicensed exports and reexports to Syria of items subject to the Regulations and manufactured by Agilent Technologies, Inc. (‘‘Agilent’’), a U.S. company. As early as 2001, Tyloo was the area sales manager or distribution channel manager for the Middle East and Africa for Agilent products for European subsidiaries or affiliates of Agilent, including with regard to the sale and distribution of Agilent products to Syria through a Lebanese distributor or reseller, Technoline SAL (‘‘Technoline’’).3 In addition, upon information and belief, Tyloo had an ownership interest in Technoline from at least March 2003 until at least the spring of 2008, as demonstrated, inter alia, by correspondence between Tyloo and Technoline management or ownership during this time period in which Tyloo sought information regarding his ‘‘share’’ and ‘‘assets’’ and ‘‘profit’’ in or from Technoline. During the June 2013 interview, Tyloo stated that he had ‘‘no idea’’ how Agilent products had ended up in Syria and that, as far as he knew, all such products had stayed in Lebanon. Similarly, when asked if Technoline had ever shipped U.S.-origin items to Syria, Tyloo stated, ‘‘No, not to my knowledge.’’ At the time he made these statements, Tyloo knew they were false or misleading and that, in fact, Technoline had sold and distributed Agilent items to Syria beginning in at least 2004. Between at least November 2004 and December 2010, Technoline served as a distributor/reseller of Agilent products to several countries in the Middle East region pursuant to an International Designated Reseller Program Agreement (‘‘reseller agreement’’) entered into annually with Agilent’s Swiss affiliates.4 Each of these 3 From in or about November 1999, until in or about May 2011, Tyloo was employed first by Agilent Technologies Europe B.V. and then Agilent Technologies International SARL. Tyloo was based in Switzerland. Agilent was spun off in 1999 from Hewlett-Packard (‘‘HP’’). Tyloo was employed by HP from in or about April 1990, until in or about November 1999, at which time he was transferred to Agilent, within the international distributor operation at Agilent Technologies Europe B.V. 4 Between on or about November 1, 2004, and on or about December 31, 2007, Technoline acted as a distributor/reseller of Agilent products through reseller agreements it executed with Agilent VerDate Sep<11>2014 18:21 Jan 13, 2017 Jkt 241001 reseller agreements explicitly stated that Technoline’s territory included Syria. Moreover, on or about January 1, 2010, Tyloo electronically signed the 2010 version of the reseller agreement on Agilent Switzerland’s behalf. Nonetheless, during the June 2013 interview, Tyloo falsely or misleadingly omitted any mention of Syria in describing the countries in Technoline’s territory under the reseller agreements. Tyloo’s role as the area sales manager or distribution channel manager for Agilent products in the Middle East provided Tyloo access to information about Technoline’s sale and distribution of Agilent products to Syria. Upon information and belief, his ownership stake in Technoline also provided him with access to such information. In addition, consistent with the longstanding reseller arrangement described above, on various occasions Tyloo acknowledged Technoline’s Syria business involving Agilent products. For example, in a November 14, 2004 message captioned ‘‘Agilent sales in Technoline,’’ Tyloo informed two Technoline officials that he ‘‘kept on Syria’’ in a ‘‘contract’’ for Fiscal Year 2005 between Technoline and Agilent, noting further that even if the Agilent contract administrator removed the reference, ‘‘THIS SHOULD NOT STOP US SELLING THERE (capitalization in the original).’’ 5 On or about March 31, 2009, Tyloo thanked Technoline’s area sales manager for his ‘‘continuous support and all the orders that you [and] your team delivers every month,’’ citing ‘‘your tough territories like Lebanon, Syria, Iraq . . . .’’ Additionally, on or about November 23, 2009, Technoline’s area sales manager provided Tyloo with business plans for several countries in Technologies Europe B.V. Technoline signed the 2008–2010 versions of the reseller agreement with Agilent Technologies International SARL. See also note 3, supra. 5 In May 2004, six months prior to Tyloo’s November 14, 2004 message, the U.S. Government implemented restrictions on the export and reexport to Syria of U.S.-origin items (with the exception of food and certain medicines). General Order No. 2 of May 14, 2004, Supp. No. 1 to part 736 to the Regulations, was issued pursuant to the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003, enacted on December 12, 2003, and Executive Order 13338 of May 11, 2004. In December 2011, the controls on exports and reexports to Syria were moved from General Order No. 2 to Section 746.9 of the Regulations. The licensing requirements continued unchanged. See 76 FR 77,115 (Dec. 12, 2011). During the June 2013 interview, Tyloo admitted that he had received regular training on U.S. export controls from Agilent’s legal department during his tenure with the Agilent subsidiaries or affiliates, including regarding embargoed and sanctioned destinations, and that he knew that U.S.-origin items could not be shipped to, inter alia, Syria. Tyloo also stated that he had received annual export controls training while he was employed by HP. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 4843 the Middle East, including Syria, and noted in the accompanying message that the ‘‘main focus’’ for 2010 would include ‘‘Pharma[ceuticals] in Syria’’ and ‘‘Mid Range products in Academia (Syria and Iraq).’’ (Parenthetical in original). Tyloo requested these business plans in preparation for his upcoming performance evaluations at Agilent Switzerland. Similarly, in December 2010, Tyloo gave a presentation at a meeting in Spain involving multiple Agilent European affiliates, in which he highlighted sales of Agilent products to Syria. As alleged herein, Tyloo made false or misleading statements to BIS in the course of an investigation, in violation of Section 764.2(g) of the Regulations. Tyloo did so even though he acknowledged during the June 2013 interview that providing false or misleading information to the BIS agents was unlawful. Whereas, BIS and Tyloo 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, for a period of three (3) years from the date of this Order, Berty Tyloo, with last known addresses of Rue du Pont Nerf 2, Morges, Switzerland, and Rue du Centre, 2, 1131 Tolochenaz, Morges, Switzerland, 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 E:\FR\FM\17JAN1.SGM 17JAN1 sradovich on DSK3GMQ082PROD with NOTICES 4844 Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices that is subject to the Regulations, or in any other activity subject to the Regulations. Second, no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any person, firm, corporation, or business organization related to the Denied Person by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order. Fourth, Tyloo shall not take any action or make or permit to be made any public statement, directly or indirectly, denying the allegations in the Proposed Charging Letter or this Order. The foregoing does not affect Tyloo’s testimonial obligations in any proceeding; nor does it affect his right to take legal or factual positions in civil litigation or other civil proceedings in which the U.S. Department of Commerce is not a party. VerDate Sep<11>2014 18:21 Jan 13, 2017 Jkt 241001 Fifth, the Proposed Charging Letter, the Settlement Agreement, and this Order shall be made available to the public. Sixth, this Order shall be served on Tyloo, and shall be published in the Federal Register. This Order, which constitutes the final agency action in this matter, is effective immediately. Issued this 10th day of January, 2017. Richard R. Majauskas, Acting Assistant Secretary for Export Enforcement. [FR Doc. 2017–00893 Filed 1–13–17; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–570–601] Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, and Rescission of New Shipper Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 14, 2016, the Department of Commerce (Department) published the preliminary results of the 28th administrative and new shipper reviews of the antidumping duty order on tapered roller bearings and parts thereof, finished and unfinished (TRBs), from the People’s Republic of China (PRC). The period of review (POR) is June 1, 2014, through May 31, 2015. After analyzing the comments received, we made no changes to the margin calculations in the administrative review and we are rescinding the new shipper review (NSR). The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ‘‘Final Results of the Review.’’ DATES: Effective January 17, 2017. FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or Manuel Rey, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6345 or (202) 482–5518, respectively. AGENCY: Background These final results of administrative review cover four exporters of the subject merchandise, Changshan Peer Bearing Co. Ltd. (CPZ/SKF), Haining Nice Flourish Auto Parts Co., Ltd. (Nice PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Flourish), Roci International (HK) Limited (Roci), and Yantai CMC Bearing Co., Ltd. (Yantai CMC). The Department selected CPZ/SKF and Yantai CMC as mandatory respondents for individual examination; however, we subsequently found that Yantai CMC does not qualify for a separate rate. The NSR covers Shandong Bolong Bearing Co., Ltd. (Bolong). On July 14, 2016, the Department published the Preliminary Results.1 In the Preliminary Results, we found that Bolong’s sale to the United States is not bona fide, as required by section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act), and, therefore, we indicated that we intended to rescind the NSR. In August 2016, we received case briefs from the Timken Company (the petitioner), Bolong and Yantai CMC. In September 2016, we received rebuttal briefs from the petitioner and CPZ/SKF. In October 2016, the Department held a public hearing in the administrative review at the request of the petitioner. In November 2016, the Department extended the deadline for the final results by 60 days to January 10, 2017.2 The Department conducted this review in accordance with section 751 of the Act. Scope of the Order 3 The merchandise covered by the order includes tapered roller bearings and parts thereof. The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 8482.20.00, 8482.91.00.50, 8482.99.15, 8482.99.45, 8483.20.40, 8483.20.80, 8483.30.80, 8483.90.20, 8483.90.30, 8483.90.80, 8708.70.6060, 8708.99.2300, 8708.99.4850, 8708.99.6890, 8708.99.8115, and 8708.99.8180. The HTSUS subheadings are provided for convenience and customs purposes 1 See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: Preliminary Results, Partial Rescission of Antidumping Duty Administrative Review, and Preliminary Rescission of New Shipper Review; 2014–2015, 81 FR 45455 (July 14, 2016) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum from Manuel Rey, International Trade Compliance Analyst, Office II, Antidumping and Countervailing Duty Operations, to Christian Marsh, Deputy Assistant Secretary for AD/CVD Operations, entitled, ‘‘Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, From the People’s Republic of China: Extension of Deadline for the Final Results of Antidumping Duty Administrative, Changed Circumstances, and New Shipper Reviews,’’ dated November 1, 2016. 3 See Notice of Antidumping Duty Order; Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, From the People’s Republic of China, 52 FR 22667 (June 15, 1987) (Order). E:\FR\FM\17JAN1.SGM 17JAN1

Agencies

[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Notices]
[Pages 4842-4844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00893]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 Order Relating To Berty Tyloo

    In the Matter of: Berty Tyloo with last known addresses of: Rue 
du Pont Nerf 2, Morges, Switzerland and Rue du Centre, 2, 1131 
Tolochenaz, Morges, Switzerland, Respondent

    The Bureau of Industry and Security, U.S. Department of Commerce 
(``BIS''), has notified Berty Tyloo, of Morges, Switzerland 
(``Tyloo''), of its intention to initiate an administrative proceeding 
against Tyloo 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 Tyloo that alleges that Tyloo 
committed one violation of the Regulations. Specifically, the charge 
is:
---------------------------------------------------------------------------

    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2016). The charged 
violation occurred in 2013. The Regulations governing the violation 
at issue are found in the 2013 version of the Code of Federal 
Regulations (15 CFR parts 730-774). The 2016 Regulations set forth 
the procedures that apply to this matter.
    \2\ 50 U.S.C. 4601-4623 (Supp. III 2015). Since August 21, 2001, 
the Act has been in lapse and the President, through Executive Order 
13,222 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 4, 2016 (81 FR 52,587 (Aug. 8, 2016)), has 
continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2012)).

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

[[Page 4843]]

Charge 1 15 CFR 764.2(g): Misrepresentation and Concealment of Facts in 
the Course of an Investigation

    On or about June 14, 2013, Tyloo made false or misleading 
statements to BIS in the course of an investigation. Specifically, 
Tyloo was interviewed by two BIS supervisory special agents on or about 
June 14, 2013, in relation to an investigation of unlicensed exports 
and reexports to Syria of items subject to the Regulations and 
manufactured by Agilent Technologies, Inc. (``Agilent''), a U.S. 
company. As early as 2001, Tyloo was the area sales manager or 
distribution channel manager for the Middle East and Africa for Agilent 
products for European subsidiaries or affiliates of Agilent, including 
with regard to the sale and distribution of Agilent products to Syria 
through a Lebanese distributor or reseller, Technoline SAL 
(``Technoline'').\3\ In addition, upon information and belief, Tyloo 
had an ownership interest in Technoline from at least March 2003 until 
at least the spring of 2008, as demonstrated, inter alia, by 
correspondence between Tyloo and Technoline management or ownership 
during this time period in which Tyloo sought information regarding his 
``share'' and ``assets'' and ``profit'' in or from Technoline.
---------------------------------------------------------------------------

    \3\ From in or about November 1999, until in or about May 2011, 
Tyloo was employed first by Agilent Technologies Europe B.V. and 
then Agilent Technologies International SARL. Tyloo was based in 
Switzerland. Agilent was spun off in 1999 from Hewlett-Packard 
(``HP''). Tyloo was employed by HP from in or about April 1990, 
until in or about November 1999, at which time he was transferred to 
Agilent, within the international distributor operation at Agilent 
Technologies Europe B.V.
---------------------------------------------------------------------------

    During the June 2013 interview, Tyloo stated that he had ``no 
idea'' how Agilent products had ended up in Syria and that, as far as 
he knew, all such products had stayed in Lebanon. Similarly, when asked 
if Technoline had ever shipped U.S.-origin items to Syria, Tyloo 
stated, ``No, not to my knowledge.'' At the time he made these 
statements, Tyloo knew they were false or misleading and that, in fact, 
Technoline had sold and distributed Agilent items to Syria beginning in 
at least 2004. Between at least November 2004 and December 2010, 
Technoline served as a distributor/reseller of Agilent products to 
several countries in the Middle East region pursuant to an 
International Designated Reseller Program Agreement (``reseller 
agreement'') entered into annually with Agilent's Swiss affiliates.\4\ 
Each of these reseller agreements explicitly stated that Technoline's 
territory included Syria. Moreover, on or about January 1, 2010, Tyloo 
electronically signed the 2010 version of the reseller agreement on 
Agilent Switzerland's behalf. Nonetheless, during the June 2013 
interview, Tyloo falsely or misleadingly omitted any mention of Syria 
in describing the countries in Technoline's territory under the 
reseller agreements.
---------------------------------------------------------------------------

    \4\ Between on or about November 1, 2004, and on or about 
December 31, 2007, Technoline acted as a distributor/reseller of 
Agilent products through reseller agreements it executed with 
Agilent Technologies Europe B.V. Technoline signed the 2008-2010 
versions of the reseller agreement with Agilent Technologies 
International SARL. See also note 3, supra.
---------------------------------------------------------------------------

    Tyloo's role as the area sales manager or distribution channel 
manager for Agilent products in the Middle East provided Tyloo access 
to information about Technoline's sale and distribution of Agilent 
products to Syria. Upon information and belief, his ownership stake in 
Technoline also provided him with access to such information. In 
addition, consistent with the longstanding reseller arrangement 
described above, on various occasions Tyloo acknowledged Technoline's 
Syria business involving Agilent products. For example, in a November 
14, 2004 message captioned ``Agilent sales in Technoline,'' Tyloo 
informed two Technoline officials that he ``kept on Syria'' in a 
``contract'' for Fiscal Year 2005 between Technoline and Agilent, 
noting further that even if the Agilent contract administrator removed 
the reference, ``THIS SHOULD NOT STOP US SELLING THERE (capitalization 
in the original).'' \5\ On or about March 31, 2009, Tyloo thanked 
Technoline's area sales manager for his ``continuous support and all 
the orders that you [and] your team delivers every month,'' citing 
``your tough territories like Lebanon, Syria, Iraq . . . .'' 
Additionally, on or about November 23, 2009, Technoline's area sales 
manager provided Tyloo with business plans for several countries in the 
Middle East, including Syria, and noted in the accompanying message 
that the ``main focus'' for 2010 would include ``Pharma[ceuticals] in 
Syria'' and ``Mid Range products in Academia (Syria and Iraq).'' 
(Parenthetical in original). Tyloo requested these business plans in 
preparation for his upcoming performance evaluations at Agilent 
Switzerland. Similarly, in December 2010, Tyloo gave a presentation at 
a meeting in Spain involving multiple Agilent European affiliates, in 
which he highlighted sales of Agilent products to Syria.
---------------------------------------------------------------------------

    \5\ In May 2004, six months prior to Tyloo's November 14, 2004 
message, the U.S. Government implemented restrictions on the export 
and reexport to Syria of U.S.-origin items (with the exception of 
food and certain medicines). General Order No. 2 of May 14, 2004, 
Supp. No. 1 to part 736 to the Regulations, was issued pursuant to 
the Syria Accountability and Lebanese Sovereignty Restoration Act of 
2003, enacted on December 12, 2003, and Executive Order 13338 of May 
11, 2004. In December 2011, the controls on exports and reexports to 
Syria were moved from General Order No. 2 to Section 746.9 of the 
Regulations. The licensing requirements continued unchanged. See 76 
FR 77,115 (Dec. 12, 2011). During the June 2013 interview, Tyloo 
admitted that he had received regular training on U.S. export 
controls from Agilent's legal department during his tenure with the 
Agilent subsidiaries or affiliates, including regarding embargoed 
and sanctioned destinations, and that he knew that U.S.-origin items 
could not be shipped to, inter alia, Syria. Tyloo also stated that 
he had received annual export controls training while he was 
employed by HP.
---------------------------------------------------------------------------

    As alleged herein, Tyloo made false or misleading statements to BIS 
in the course of an investigation, in violation of Section 764.2(g) of 
the Regulations. Tyloo did so even though he acknowledged during the 
June 2013 interview that providing false or misleading information to 
the BIS agents was unlawful.
    Whereas, BIS and Tyloo 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, for a period of three (3) years from the date of this Order, 
Berty Tyloo, with last known addresses of Rue du Pont Nerf 2, Morges, 
Switzerland, and Rue du Centre, 2, 1131 Tolochenaz, Morges, 
Switzerland, 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

[[Page 4844]]

that is subject to the Regulations, or in any other activity subject to 
the Regulations.
    Second, no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport to or on behalf of the Denied Person any item 
subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Denied Person of the ownership, possession, or 
control of any item subject to the Regulations that has been or will be 
exported from the United States, including financing or other support 
activities related to a transaction whereby the Denied Person acquires 
or attempts to acquire such ownership, possession or control;
    C. Take any action to acquire from or to facilitate the acquisition 
or attempted acquisition from the Denied Person of any item subject to 
the Regulations that has been exported from the United States;
    D. Obtain from the Denied Person in the United States any item 
subject to the Regulations with knowledge or reason to know that the 
item will be, or is intended to be, exported from the United States; or
    E. Engage in any transaction to service any item subject to the 
Regulations that has been or will be exported from the United States 
and which is owned, possessed or controlled by the Denied Person, or 
service any item, of whatever origin, that is owned, possessed or 
controlled by the Denied Person if such service involves the use of any 
item subject to the Regulations that has been or will be exported from 
the United States. For purposes of this paragraph, servicing means 
installation, maintenance, repair, modification or testing.
    Third, after notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any person, firm, corporation, or 
business organization related to the Denied Person by affiliation, 
ownership, control, or position of responsibility in the conduct of 
trade or related services may also be made subject to the provisions of 
this Order.
    Fourth, Tyloo shall not take any action or make or permit to be 
made any public statement, directly or indirectly, denying the 
allegations in the Proposed Charging Letter or this Order. The 
foregoing does not affect Tyloo's testimonial obligations in any 
proceeding; nor does it affect his right to take legal or factual 
positions in civil litigation or other civil proceedings in which the 
U.S. Department of Commerce is not a party.
    Fifth, the Proposed Charging Letter, the Settlement Agreement, and 
this Order shall be made available to the public.
    Sixth, this Order shall be served on Tyloo, and shall be published 
in the Federal Register.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.

     Issued this 10th day of January, 2017.
Richard R. Majauskas,
Acting Assistant Secretary for Export Enforcement.
[FR Doc. 2017-00893 Filed 1-13-17; 8:45 am]
BILLING CODE P

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