[Federal Register: March 13, 2006 (Volume 71, Number 48)]
[Notices]
[Page 12676-12678]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr06-29]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Oriental Trading Corporation
In the Matters of: Oriental Trading Corporation, 1st Floor,
Masco Plaza, Blue
[[Page 12677]]
Area, P.O. Box 2879, Islamabad, Pakistan, Respondent; Order Renewing
Temporary Denial Order as to Oriental Trading Corporation.
Pursuant to Section 766.24 of the Export Administration Regulations
(``EAR''), the Bureau of Industry and Security (``BIS''), U.S.
Department of Commerce, through its Office of Export Enforcement
(``OEE''), has requested that I renew for 180 days an Order temporarily
denying export privileges of Oriental Trading Corporation, 1st Floor,
Masco Plaza, Blue Area, P.O. Box 2879, Islamabad, Pakistan.
On March 8, 2005, the Acting Assistant Secretary of Commerce for
Export Enforcement found that the Respondent \1\ had conspired to
undertake acts that violated the EAR, that such violations had been
deliberate and covert, and that there was a strong likelihood of future
violations, particularly given the nature of the transactions and the
elaborate steps that had been taken by the Respondent to avoid
detection by the U.S. Government while knowing that its actions were in
violation of the EAR. 70 FR 12442 (Mar. 14, 2005). This finding was
based on evidence presented by BIS that indicated that the Respondent
had conspired with others, known and unknown, to cause items subject to
the EAR to be illegally exported to Pakistan, that it caused exports of
items controlled for nuclear non-proliferation reasons to Pakistan with
knowledge that violations of the EAR would occur, and that it took
actions intending to violate the EAR.
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\1\ The original order applied to Gold Technology Limited, Flat
23C, 97 High Street, Hong Kong; Hero Peak Limited, Flat C, Block 4,
11/F Golden Bldg, 145 Fuk Wa Street, Sham Shui Po, Kowloon, Hong
Kong and Room D, 11/F, Fui Nam Building, 48-51 Connaught Road West,
Hong Kong; Joanna Liu, Flat 23C, 97 High Street, Hong Kong; Portson
Trading Limited, Room D, 8/F, 217-223 Tung Choi Street, Mongkok,
Kowloon, Hong Kong and Room 709 Wing Shan Tower, 173 Des Voeux Road
Central, Hong Kong, and Room 2208, 22/F, 118 Connaught Road West,
Hong Kong; Sunford Trading Limited, Room 2208 22/F, 118 Connaught
Road West, Hong Kong; and Zhenke International Trading Co. Ltd.
Tianjin Port Free Trade Zone, Room 801, Gold Beauty Building No. 88,
Haibain 8 Road, TPFTZ, Tianjin, Peoples Republic of China. The
Office of Export Enforcement is not seeking to renew this temporary
denial order against any party other than Oriental Trading
Corporation.
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BIS continues to investigate this matter and believes that all of
the facts found in the original Order continue to justify the renewal
of the Order, especially given the nature of the transactions and the
steps that have been taken by the Respondent to avoid detection by the
U.S. Government while knowing its actions were in violation of the EAR.
BIS believes evidence described in the initial request for the Order
supports this renewal.
Based on the evidence submitted by BIS, I find that renewal of the
Order naming the Respondent is necessary, in the public interest, to
prevent an imminent violation of the EAR. A copy of the request for
renewal of this Order was served upon the Respondent in accordance with
the requirements of 15 CFR 766.24 of the EAR, and no response was
received in opposition to this request within the applicable time
period described in that section.
It is therefore ordered:
First, that the Respondent, at the address listed above, and its
successors and assigns and when acting on behalf of the Respondent, its
officers, employees, agents or representatives, (collectively, the
``Denied Persons'') 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 Export
Administration Regulations (``EAR''), or in any other activity subject
to the EAR 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 EAR, or in any other activity
subject to the EAR; 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 EAR, or in any other activity subject to the EAR.
Second, that no person may, directly or indirectly, do any of the
following:
A. Export or reexport to or on behalf of the Denied Persons any
item subject to the EAR;
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 EAR that has been or will be
exported from the United States, including financial or other support
activities related to a transaction whereby the Denied Persons 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 Denied Persons of any item subject to
the EAR that has been exported from the United States;
D. Obtain from the Denied Persons in the United States any item
subject to the EAR 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 EAR
that has been or will be exported from the United States and which is
owned, possessed or controlled by the Denied Persons, or service any
item, of whatever origin, that is owned, possessed or controlled by the
Denied Persons if such service involves the use of any item subject to
the EAR 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 EAR, any other person, firm, corporation, or
business organization related to the Respondent 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 EAR where the only items involved that
are subject to the EAR are the foreign-produced direct product of U.S.-
origin technology.
In accordance with the provisions of Section 766.24(e) of the EAR,
the Respondent may, at any time, appeal this Order by filing a full
written statement in support of the appeal with the Office of the
Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40
South Gay Street, Baltimore, Maryland 21202-4022.
In accordance with the provisions of Section 766.24(d) of the EAR,
BIS may seek renewal of this Order by filing a written request not
later than 20 days before the expiration date. The Respondent may
oppose a request to renew this Order by filing a written submission
with the Assistant Secretary for Export Enforcement, which must be
received no later than seven days before the expiration date of the
Order.
A copy of this Order shall be served on the Respondent, and shall
be published in the Federal Register.
This Order is effective on March 10, 2006 and shall remain in
effect for 180 days.
[[Page 12678]]
Entered this 3rd day of March, 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 06-2359 Filed 3-10-06; 8:45 am]
BILLING CODE 3510-DT-M