This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

5812 

Vol. 74, No. 20 

Monday, February 2, 2009 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR Parts 730– 

774 (2008). The charged violations occurred in 2003 

through 2006. The Regulations governing the 

violations at issue are found in the 2003 through 

2006 versions of the Code of Federal Regulations 

(15 CFR parts 730–774 (2003–2006)). The 2008 

Regulations govern the procedural aspects of this 

case. 

2 50 U.S.C. app. §§ 2401–2420 (2000). Since 

August 21, 2001, the Act has been in lapse 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 July 23, 2008 

(73 FR 43,603 (July 25, 2008)), has continued the 

Regulations in effect under the International 

Emergency Economic Powers Act (50 U.S.C. 1701– 

1706 (2000)). 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

Notice of Public Information 

Collections Being Reviewed by the 

U.S. Agency for International 

Development; Comments Requested 

SUMMARY: U.S. Agency for International 

Development (USAID) is making efforts 

to reduce the paperwork burden. USAID 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following proposed and/or continuing 

information collections, as required by 

the Paperwork Reduction Act for 1995. 

Comments are requested concerning: (a) 

Whether the proposed or continuing 

collections of information are necessary 

for the proper performance of the 

functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

burden estimates; (c) ways to enhance 

the quality, utility, and clarity of the 

information collected; and (d) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

DATES: Submit comments on or before 

April 3, 2009. 

ADDRESSES: Send comments via e-mail 

at cmaness@usaid.gov or mail 

comments to: Carmelita Maness, Office 

of American Schools and Hospitals 

Abroad, United States Agency for 

International Development, Ronald 

Reagan Building, 1300 Pennsylvania 

Avenue, NW., Washington, DC 20523 

(202) 712–1117. 

FOR FURTHER INFORMATION CONTACT: 

Beverly Johnson, Bureau for 

Management, Office of Administrative 

Services, Information and Records 

Division, U.S. Agency for International 

Development, Room 2.07–106, RRB, 

Washington, DC 20523, (202) 712–1365 

or via e-mail bjohnson@usaid.gov. 

SUPPLEMENTARY INFORMATION: OMB No: 

OMB 0412–0011. 

Form No.: AID 1010–2. 

Title: Application for Assistance— 

American Schools and Hospitals 

Abroad. 

Type of Review: Renewal of 

Information Collection. 

Purpose: USAID finances grant 

assistance to U.S. founders or sponsors 

who apply for grant assistance from the 

Office of American Schools and 

Hospitals Abroad (ASHA) on behalf of 

their institutions overseas. ASHA is a 

competitive grants program. The Office 

of ASHA is charged with judging which 

applicants may be eligible for 

consideration and receive what amounts 

of funding for what purposes. To aid in 

such determination, the Office of ASHA 

has established guidelines as the basis 

for deciding upon the eligibility of the 

applicants and the resolution on annual 

grant awards. These guidelines are 

published in the Federal Register, Doc. 

79–36221. 

Annual Reporting Burden: 

Respondents: 85. 

Total annual responses: 85. 

Total annual hours requested: 900 

hours. 

Dated: January 26, 2009. 

Joanne Paskar, 

Chief, Information and Records Division, 

Office of Administrative Services, Bureau for 

Management. 

[FR Doc. E9–2174 Filed 1–30–09; 8:45 am] 

BILLING CODE 6116–01–M 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[08–BIS–0006] 

Action Affecting Export Privileges; 

Elecmat, Inc.; In the Matter of: Elecmat, 

Inc., 390 Utah Street, San Francisco, 

CA 94103, Respondent; Order Relating 

to Elecmat, Inc. 

The Bureau of Industry and Security, 

U.S. Department of Commerce (‘‘BIS’’) 

has initiated an administrative 

proceeding against Elecmat, Inc. 

(hereinafter referred to as ‘‘Elecmat’’) 

pursuant to Section 766.3 of the Export 

Administration Regulations 

(‘‘Regulations’’) 1 and Section 13(c) of 

the Export Administration Act of 1979, 

as amended (‘‘Act’’), 2 through issuance 

of a charging letter to Elecmat that 

alleged that Elecmat committed 39 

violations of the Regulations. 

Specifically, the charges are: 

Charge 1: 15 CFR 764.2(d)—Conspiracy 

To Export Items From the United States 

to Taiwan Without the Required 

License 

Beginning in or about 2003 and 

continuing through on or about July 29, 

2006, Elecmat conspired and acted in 

concert with others, known and 

unknown, to violate the Regulations and 

to bring about an act that constitutes a 

violation of the Regulations. The 

purpose of the conspiracy was to export 

items from the United States to Taiwan 

without the required U.S. Government 

authorization. Pursuant to Sections 

742.2 and 742.3 of the Regulations, 

authorization was required from the 

Department of Commerce before certain 

chemicals, metals, and electronic 

components, items subject to the 

Regulations and classified under Export 

Control Classification Numbers 

(‘‘ECCNs’’) 1C227, 1C229, 1C231, 

1C234, 1C240, and 1C350, could be 

exported from the United States to 

Taiwan. 

In furtherance of the conspiracy, the 

conspirators, including Elecmat, 

participated in a scheme in which a 

Taiwan company requested that Elecmat 

procure specific items from U.S. 

suppliers and export them to Taiwan. 

The Taiwan company instructed 

Elecmat not to tell U.S. suppliers that 

Elecmat would export the items. 

Pursuant to this instruction, Elecmat 

procured the items and exported them 

to Taiwan without the required license. 

In so doing, Elecmat committed one 

violation of Section 764.2(d) of the 

Regulations. 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices 5813 

Charges 2–19: 15 CFR 764.2(a)— 

Engaging in Prohibited Conduct by 

Exporting Certain Chemicals, Metals 

and Electronic Components Without the 

Required License 

On 18 occasions between on or about 

August 13, 2003 and on or about May 

13, 2006, Elecmat engaged in conduct 

prohibited by the Regulations by 

exporting items subject to the 

Regulations to Taiwan without the 

required Department of Commerce 

licenses. Specifically, Elecmat exported 

certain chemicals, metals, and 

electronic components, classified under 

ECCNs 1C227, 1C229, 1C231, 1C234, 

and 1C240, to an affiliated company in 

Taiwan without the Department of 

Commerce licenses required by Section 

742.3 of the Regulations. In so doing, 

Elecmat committed 18 violations of 

Section 764.2(a) of the Regulations. 

Charge 20: 15 CFR 764.2(a)—Engaging 

in Prohibited Conduct by Exporting 

Certain Chemicals, Metals and 

Electronic Components Without the 

Required License 

On one occasion on or about April 15, 

2006, Elecmat engaged in conduct 

prohibited by the Regulations by 

exporting sodium fluoride, an item 

subject to the Regulations and classified 

under ECCN 1C350, to Taiwan without 

the Department of Commerce license 

required by Section 742.2 of the 

Regulations. In so doing, Elecmat 

committed one violation of Section 

764.2(a) of the Regulations. 

Charges 21–39: 15 CFR 764.2(e)—Acting 

with Knowledge of a Violation 

On 19 occasions, between on or about 

August 13, 2003 and on or about May 

13, 2006, in connection with the 

transactions described in Charges 2–25, 

above, Elecmat ordered, bought, sold, 

transported, and forwarded certain 

chemicals, metals, and electronic 

components, items that are subject to 

the Regulations, with knowledge that 

violations of the Regulations were about 

to occur or was intended to occur in 

connection with the items. Specifically, 

Elecmat had knowledge that these items 

required a license for export to Taiwan 

and that they were being exported 

without the required licenses. Elecmat 

had previously obtained export licenses 

from the Department of Commerce for 

exports of similar items to Taiwan, had 

been informed by a supplier that certain 

similar items could not be sold for 

export, had been informed by another 

supplier and an affiliated Taiwan 

company that the export of certain 

similar items required a license. In so 

doing, Elecmat committed 19 violations 

of Section 764.2(e) of the Regulations. 

Whereas, BIS and Elecmat have 

entered into a Settlement Agreement 

pursuant to Section 766.18(b) 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, that for a period of twenty years 

from the date of entry of this Order, 

Elecmat, Inc., 390 Utah Street, San 

Francisco, CA 94103, (‘‘Elecmat’’), its 

successors or assigns, and, when acting 

for or on behalf of Elecmat, its officers, 

representatives, agents or employees 

(‘‘Denied Person(s)’’) may not 

participate, directly or indirectly, 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 actions 

described below with respect to an item 

that is subject to the Regulations that 

has been, will be, or is intended to be 

exported or reexported from the United 

States: 

A. Export or reexport to or on behalf 

of a Denied Person any item subject to 

the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

a 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 a 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 a Denied Person of any 

item subject to the Regulations that has 

been exported from the United States; 

D. Obtain from a 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 a Denied 

Person, or service any item, of whatever 

origin, that is owned, possessed or 

controlled by a 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 Elecmat 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 the charging letter, 

amended charging letter, the Settlement 

Agreement, and this Order, and the 

record of the cases as defined by Section 

766.20 of the Regulations shall be made 

available to the public. 

Fifth, that the Administrative Law 

Judge shall be notified that this case is 

withdrawn from adjudication. 

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. 

Entered this 26th day of January 2009. 

Kevin Delli-Colli, 

Acting Assistant Secretary for Export 

Enforcement. 

[FR Doc. E9–2170 Filed 1–30–09; 8:45 am] 

BILLING CODE 3510–DT–P 


dwashington3 on PROD1PC60 with NOTICES