[Federal Register Volume 62, Number 108 (Thursday, June 5, 1997)]
[Notices]
[Pages 30842-30843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14648]
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DEPARTMENT OF COMMERCE
Export Administration
Pan Asia Exim Enterprises PTE Limited; Decision and Order
In the Matter of: Pan Asia Exim Enterprises PTE Limited, 108
Tagore Lane, Singapore 2678, Respondent.
On March 5, 1996, the Office of Export Enforcement, Bureau of
Export Administration, United States Department of Commerce
(hereinafter ``BXA''), issued a charging letter initiating an
administrative proceeding against Pan Asia Exim Enterprises PTE Limited
(hereinafter ``Pan Asia''). The charging letter alleged that Pan Asia
committed one violation of the Export Administration Regulations (61 FR
12734-13041, March 25, 1996, to be codified at 15 CFR parts 730-774)
(hereinafter the ``Regulations''), \1\ issued pursuant to the Export
Administration Act of 1979, as amended (50 U.S.C.A. app. 2401-2420
(1991 & Supp. 1997)) (hereinafter the ``Act'').\2\
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\1\ The violation at issue occurred in 1993. The Regulations
governing the violation are found in the 1993 version of the Code of
Federal Regulations (15 CFR parts 768-799 (1993)) and are referred
to hereinafter as the former Regulations. Since that time, the
Regulations have been reorganized and restructured; the restructured
Regulations, to be codified at 15 CFR parts 730-774, establish the
procedures that apply to the matters set forth in this decision and
order.
\2\ The Act expired on August 20, 1994. Executive Order 12924 (3
CFR, 1994 Comp. 917 (1995)), extended by Presidential Notices of
August 15, 1995 (3 CFR, 1995 Comp. 501 (1996)) and August 14, 1996
(61 FR 42527, August 15, 1996), continued the Regulations in effect
under the International Emergency Economic Powers Act (50 U.S.C.A.
Secs. 1701-1706 (1996 & Supp. 1997)).
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Specifically, the charging letter alleged that, on or about April
22, 1993, Pan Asia reexported U.S.-origin spare parts for small 4HP to
12HP engines from Singapore to Vietnam without obtaining from BXA the
reexport authorization required by section 774.1(a) of the former
Regulations. BXA alleged that, by reexporting commodities to any person
or destination in violation of or contrary to the terms of the Act, or
any regulation, order, or license issued thereunder, Pan Asia committed
one violation of Section 787.6 of the former Regulations.
The charging letter was served on Pan Asia on March 15, 1996. Pan
Asia failed to answer the charging letter within 30 days of service of
the charging letter, as required by section 788.7 of the former
Regulations. Thus, pursuant to section 766.7 of the Regulations, BXA
moved that the Administrative Law Judge (hereinafter the ``ALJ'') find
the facts to be as alleged in the charging letter and render a
Recommended Decision and Order.
Following BXA's motion, the ALJ issued a Recommended Decision and
Order in which he found the facts to be as alleged in the charging
letter, and concluded that those facts constitute a violation of the
former Regulations by Pan Asia, as BXA alleged. The ALJ also agreed
with BXA's recommendation that the appropriate penalty to be imposed
for that violation is a denial, for a period of two years, of all of
Pan Asia's export privileges. As provided by section 766.22 of the
Regulations, the Recommended Decision and Order has been referred to me
for final action.
Based on my review of the entire record, I affirm the findings of
fact and conclusions of law in the Recommended Decision and Order of
the ALJ.
Accordingly, it is therefore Ordered,
First, That, for a period of two years from the date of this Order,
Pan Asia Exim Enterprises PTE Limited, 108 Tagore Lane, Singapore 2678,
and all its successors, assignees, officers, representatives, agents
and employees, whenever acting within the scope of their employment
with Pan Asia, 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. Benefiting 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.
Second, 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
[[Page 30843]]
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 that 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, 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, 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, that 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.
Fifth, that this order shall be served on Pan Asia and on BXA, and
shall be published in the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effective immediately.
Dated: May 29, 1997.
William A. Reinsch,
Under Secretary for Export Administration.
[FR Doc. 97-14648 Filed 6-4-97; 8:45 am]
BILLING CODE 3510-DT-M
