[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Notices]
[Pages 1745-1746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-774]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; Lasarray Corporation
In the Matter of: Lasarray Corporation, 13845 Alton Parkway #B,
Irvine, California 92718, Respondent.
Order
The Office of Export Enforcement, Bureau of Export Administration,
United States Department of Commerce (Department) having notified
Lasarray Corporation (Lasarray) of its intention to initiate an
administrative proceeding against it pursuant to Section 13(c) of the
Export Administration Act of 1979, as amended (50 U.S.C.A. app.
Secs. 2401-2420 (1991 and Supp. 1995)) (the Act),\1\ and Part 788 of
the Export Administration Regulations (currently codified at 15 C.F.R.
Parts 768-799 (1995)) (the Regulations), based on allegations that, on
13 separate occasions between on or about January 5, 1990 and on or
about August 31, 1990, Lasarray exported U.S.-origin base wafers from
the United States to Switzerland without the validated licenses
required by Section 772.1(b) of the Regulations, in violation of
Section 787.6 of the Regulations;
\1\ The Act expired on August 20, 1994. Executive Order No.
12924 (59 Fed. Reg. 43437, August 23, 1994), extended by
Presidential Notice of August 15, 1995 (60 Fed. Reg. 42767, August
17, 1995), continued the Regulations in effect under the
International Emergency Economic Powers Act (50 U.S.C.A. Secs. 1701-
1706 (1991)).
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The Department and Lasarray having entered into a Consent Agreement
pursuant to Section 787.17(b) of the Regulations whereby they agreed to
settle this matter in accordance with the terms and conditions set
forth therein, and the terms of the Consent Agreement having been
approved by me;
It is therefore ordered,
First, all outstanding individual validated licenses in which
Lasarray appears or participates, in any manner or capacity, are hereby
revoked and shall be returned forthwith to the Office of Exporter
Services for cancellation. Further, all of Lasarray's privileges of
participating, in any manner or capacity, in any special licensing
procedure, including, but limited to, distribution licenses, are hereby
revoked.
Second, Lasarray Corporation, 13845 Alton Parkway #B, Irvine,
California, 92718, and all its successors or assigns, and officers,
representatives, agents, and employees, whenever acting within the
scope of their employment with Lasarray, shall, for a period of two
years from the date of this Order, be denied all privileges of
participating, directly or indirectly, in any manner or capacity, in
any transaction in the United States or abroad involving any commodity
or technical data exported or to be exported from the United States,
and subject to the Regulations.
A. Without limiting the generality of the foregoing, participation,
either in the United States or abroad, shall include participation,
directly or indirectly, in any manner or capacity: (i) as a party or as
a representative of a party to any export license application submitted
to the Department; (ii) in preparing or filing with the Department any
export license application or request for reexport authorization, or
any document to be submitted therewith; (iii) in obtaining from the
Department or using any validated or general export license, reexport
authorization, or other export control document; (iv) in carrying on
negotiations with respect to, or in receiving, ordering, buying,
selling, delivering, storing, using, or disposing of, in whole or in
part, any commodities or technical data exported or to be exported from
the United States and subject to the Regulations; and (v) in financing,
forwarding, transporting, or other servicing of such commodities or
technical data.
[[Page 1746]]
B. After notice and opportunity for comment as provided in Section
788.3(c) of the Regulations, any person, firm, corporation, or business
organization related to Lasarray 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.
C. As provided by Section 787.12(a) of the Regulations, without
prior disclosure of the facts to and specific authorization of the
Office of Export Licensing, in consultation with the Office of Export
Enforcement, no person may directly or indirectly, in any manner or
capacity: (i) apply for, obtain, or use any license, Shipper's Export
Declaration, bill of lading, or other export control document relating
to an export or reexport of commodities or technical data by, to, or
for another person then subject to an order revoking or denying his
export privileges or then excluded from practice before the Bureau of
Export Administration; or (ii) order, buy, receive, use, sell, deliver,
store, dispose of, forward, transport, finance, or otherwise service or
participate: (a) in any transaction which may involve any commodity or
technical data exported or to be exported from the United States; (b)
in any reexport thereof; or (c) in any other transaction which is
subject to the Export Administration Regulations,if the person denied
export privileges may obtain any benefit or have any interest in,
directly or indirectly, any of these transactions.
Third, that the proposed Charging Letter, the Consent Agreement,
and this Order shall be made available to the public.A copy of this
Order shall be published in the Federal Register.
This Order is effective immediately.
Entered this 11th day of January, 1996.
John Despres,
Assistant Secretary for Export Enforcement.
[FR Doc. 96-774 Filed 1-22-96; 8:45 am]
BILLING CODE 3510-DT-M