[Federal Register: September 15, 2006 (Volume 71, Number 179)]
[Notices]
[Page 54465-54467]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se06-26]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Acton Affecting Export Privileges; Undivision Technology, Inc.;
In the Matter of: Univision Technology, Inc., 764 Violet Circle,
Naperville, IL 60540, Respondent; Order Relating to Univision
Technology, Inc.
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS'') has notified Univision Technology, Inc. (hereinafter referred
to as ``Univision'') of its intention to initiate an administrative
proceeding against Univision pursuant to Section 766.3 of the Export
Administration Regulations (currently codified at 15 CFR parts 730-774
(2006)) (``Regulations'') \1\ and Section 13(c) of the Export
Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420
(2000))
[[Page 54466]]
(``Act''),\2\ by issuing a proposed charging letter to Univision that
alleged that Univision committed twelve violations of the Regulations.
Specifically, the charges are:
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\1\ The charged violations occurred between 2000 and 2002. The
Regulations governing the violations at issue are found in the 2000
through 2002 versions of the Code of Federal Regulations (15 CFR
parts 730-774 (2000-2002)). The 2006 Regulations set forth the
procedures that apply to this matter.
\2\ From August 21, 1994 through November 12, 2000, the Act was
in lapse. During that period, the President, through Executive Order
12924, which, itself, was extended by successive Presidential
Notices, the last of which was August 3, 2000 (3 CFR, 2000 Comp. 397
(2001)), continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000))
(``IEEPA''). On November 13, 2000, the Act as reauthorized by Pub.
L. 106-508 (114 Stat. 2360 (2000)) and it remained in effect through
August 20, 2001. The Act lapsed on August 21, 2001 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 3, 2006
(71 FR 44551 (August 7, 2006)), has continued the Regulations in
effect under the IEEPA.
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Charges 1-5: 15 CFR 764.2(a): Exporting Items Without the Required
Department of Commerce Licenses: On five occasions between on or about
August 25, 2000, and on or about July 2001, Univision engaged in
conduct prohibited by the Regulations by exporting electronic
equipment, including microwave transistors, microwave amplifiers, and
related equipment, items subject to the Regulations and classified
under Export Control Classification Number 3A001, from the United
States to the People's Republic of China (``China''), without obtaining
licenses from the Department of Commerce as required by Section 742.4
of the Regulations. In so doing, Univision committed five violations of
Section 764.2(b) of the Regulations.
Charges 6-10: 15 CFR 764.2(e): Acting With Knowledge That a
Violation of the Regulations Was About to Occur: In connection with the
transactions referenced in Charges One through Five above, Univision
ordered or transferred items, including microwave transistors,
microwave amplifiers, and related equipment, that were to be exported
from the United States with knowledge that violations of the
Regulations would occur. Specifically, Univision was informed by its
suppliers and others that the aforementioned items required export
licenses. As such, Univision, at all relevant times, knew that the
items required licenses if exported to China and that no such licenses
would be obtained. In doing so, Univision committed five violations of
Section 764.2(e) of the Regulations.
Charges 11-12: 15 CFR 764.2(a): Failure to File Shipper's Export
Declarations: On two occasions, through on or about August 30, 2000,
and on or about September 21, 2000, in connection with two exports to
China of items subject to the Regulations, Univision refrained from
engaging in conduct required by the Regulations when it failed to file
Shipper's Export Declarations (``SEDs'') with the U.S. Government.
Section 758.1 of the Regulations as in effect on the dates of the
applicable exports, required that SEDs be filed with the U.S.
Government for the export of any item subject to the Regulations valued
at greater than $2,500. The electronic equipment, including microwave
transistors, microwave amplifiers, and related equipment, described
above each had a value greater than $2,500. In failing to file required
SEDs, Univision committed two violations of Section 764.2(a) of the
Regulations.
Whereas, BIS and Univision 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 the terms of such Settlement Agreement;
It is Therefore Ordered:
First, that for a period of ten years from the date of entry of
this Order, Univision Technology, Inc. of 764 Violet Circle,
Naperville, IL 60540, its successors or assigns, and when acting for or
on behalf of Univision, its officers, representatives, agents, or
employees (``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 export 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.
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 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, 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 Univision 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 the
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.-original technology.
Fifth, that the proposed charging letter, the Settlement Agreement,
and this Order shall be made available to the public.
Sixth, that this Order shall be served on the Denied Person and on
BIS, and shall be published in the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effective immediately.
[[Page 54467]]
Entered this 7th day of September 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 06-7704 Filed 9-14-06; 8:45 am]
BILLING CODE 3510-DT-M