59654 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

Notice of Corrections

On December 16–17, 1996, the

Review Board made formal

determinations that were published in

the January 9, 1997 Federal Register (FR

Doc. 97–492, 62 FR 1311).

For that notice make the following

corrections:

Record number Previously published Correct data

104–10068–10187 ............................................ 18; 8; 05/1997 .................................................. 17, 9, 12/2006.

On January 29–30, 1997, the Review Board made formal determinations that were published in the February 21,

1997 Federal Register (FR Doc. 97–4226, 62 FR 7998). For that notice make the following corrections:

Record number Previously published Correct data

104–10068–10166 ............................................ 22; 8; 01/2007 .................................................. 22; 9; 01/2007.

180–10110–10121 ............................................ 3; 4; 10/2017 .................................................... 3; 6; 10/2017.

The Review Board action of January 30, 1997 (published in the February 21 Federal Register, FR Doc. 97–4226,

62 FR 7998) on a record incorrectly identified as 104–10066–10226 was vacated at this meeting. It has been properly

identified as 104–10066–10232. The Board decisions for 104–10066–10226 and 104–10066–10232 have been included

with the Board’s formal determinations in this Notice.

On March 13–14, 1997, the Review Board made formal determinations that were published in the April 2, 1997

Federal Register (FR Doc. 97–8408, 62 FR 15650). For that notice make the following corrections:

Record number Previously published Correct data

104–10065–10128 ............................................ 7; 8; 03/2007 .................................................... 7; 19; 03/2007.

On June 10, 1997, the Review Board made formal determinations that were published in the June 30, 1997 Federal

Register (FR Doc. 97–16979, 62 FR 35147). For that notice make the following corrections:

Record number Previously published Correct data

104–10072–10123 ............................................ 27; 10/2017 ....................................................... 28; 10/2017.

180–10143–10164 ............................................ 31; 10/2017 ....................................................... 5; 10/2017.

180–10143–10176 ............................................ 5; 10/2017 ......................................................... 6; 10/2017.

180–10144–10211 ............................................ 13; 10/2017 ....................................................... 14; 10/2017.

On July 9, 1997, the Review Board made formal determinations that were published in the August 5, 1997 Federal

Register (FR Doc. 97–20542, 62 FR 42095). For that notice make the following corrections:

Record number Previously published Correct data

104–10068–10164 ............................................ 8; 08/2008 ......................................................... 10; 08/2008.

On August 5, 1997, the Review Board made formal determinations that were published in the August 26, 1997

Federal Register (FR Doc. 97–22606, 62 FR 45221). For that notice make the following corrections:

Record number Previously published Correct data

104–10092–10033 ............................................ 4; 10/2017 ......................................................... 5; 10/2017.

104–10098–10377 ............................................ 18; 10/2017 ....................................................... 20; 10/2017.

180–10143–10473 ............................................ 3; 10/2017 ......................................................... 4; 10/2017.

On September 17, 1997, the Review Board made formal determinations that were published in the October 7, 1997

Federal Register (FR Doc. 97–26462, 62 FR 52321). For that notice make the following corrections:

Record number Previously published Correct data

104–10098–10377 ............................................ 20; 10/2017 ....................................................... 21; 10/2017.

In the October 7, 1997 Federal Register (FR Doc. 97–26462, 62 FR 52321) record number 104–10054–10130 was

incorrectly published as an additional release-in-full. This document will be processed at a future meeting.

Dated: October 28, 1997.

T. Jeremy Gunn,

Executive Director.

[FR Doc. 97–29040 Filed 11–3–97; 8:45 am]

BILLING CODE 6118–01–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

In the Matter of: Ben H. Attia, also known

as Adnan Attia, individually with an address

at 1614 Nine Island Boulevard, Miami Beach,

FL 33134 and doing business as General

Polyphase, Inc., with an address at 15 Rue de

Kamel Attaturk 1001 Tunis, Tunisia,

(Respondents).
Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices 59655

1The Regulations were restructured and

reorganized effective April 24, 1996 (61 FR 12714,

March 25, 1996). Those Regulations, now codified

at 15 CFR Parts 730–774, establish the procedures

that apply to this matter.

2The Act expired on August 20, 1994. Executive

Order 12924 (3 CFR, 1994 Comp., p. 917 (1995)),

extended by Presidential Notices of August 15, 1995

(3 CFR, 1995 Comp. 501 (1996)), August 14, 1996

(3 CFR, 1996 Comp. 298 (1997)), and August 13,

1997 (62 FR 43629, August 15, 1997) continued the

Regulations in effect under the International

Emergency Economic Powers Act (50 U.S.C.A.

§ § 1701–1706 (1991 & Supp. 1997)).

3The Regulations governing the violations at

issue are found in the 1992 version of the Code of

Federal Regulations (15 CFR Parts 768–799 (1992)).

Those Regulations define the violations that BXA

alleges occurred and are referred to hereinafter as

the former Regulations.

4At the time BXA issued its charging letter

against Attia, the former Regulations applied to

administrative proceedings. Since that time, as

noted in footnote 1, BXA published revised

regulations, effective April 24, 1996, which govern

the procedures now applicable to the matters set

forth in the charging letter.

Recommended Decision and Order

Decision and Order

The Administrative Law Judge (ALJ)

has entered a Recommended Decision

and Order in the above-referenced

matter. As provided by Section 766.22

of the Export Administration

Regulations (15 CFR Parts 730–774

(1997)) (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))

(the Act),2 the Recommended Decision

and Order has been referred to me for

final action.

On April 16, 1996, the Office of

Export Enforcement, Bureau of Export

Administration, United States

Department of Commerce (BXA), issued

a charging letter initiating an

administrative proceeding against Ben

H. Attia, also known as Adnan Attia,

individually and doing business as

General Polyphase, Inc. (hereinafter

collectively referred to as Attia). The

charging letter alleged that Attia

committed three violations of the former

Regulations.3

Specifically, the charging letter

alleged that, on or about July 31, 1992,

Attia exported 22 ballistic shields from

the United States to Tunisia without

obtaining from BXA the validated

license Attia knew or had reason to

know was required, in violation of

Sections 787.4(a) and 787.6 of the

former Regulations, and that in

connection with the unauthorized

export described above, Attia made false

or misleading statements of material fact

to a U.S. Government agency in

connection with the preparation,

submission, issuance, use or

maintenance of a Shipper’s Export

Declaration, defined by the former

Regulations as an export control

document, in violation of Section

787.5(a) of the former Regulations.

The charging letter was served on

Attia on April 20, 1996. Attia failed to

answer or otherwise respond to the

charging letter within 30 days, as

required by Section 787.2 of the former

Regulations.4 Pursuant to the default

procedures set forth in Section 766.7 of

the Regulations, BXA moved that 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 served

on Attia. The ALJ also found, based on

those facts, that Attia violated Sections

787.4(a), 787.5(a), and 787.6 of the

former Regulations by exporting

ballistic shields from the United States

to Tunisia without obtaining from the

Department the validated license Attia

knew or had reason to know was

required by the Regulations, and by

making false or misleading statements of

material fact to a U.S. government

agency in connection with the

preparation, submission, issuance, use

or maintenance of an export control

document.

The ALJ also recommended that the

appropriate penalty to be imposed

against Attia for these violations is a

denial, for a period of 15 years, of all of

Attia’s privileges of participating,

directly or indirectly, in any manner or

capacity, in any transaction in the

United States or abroad involving

commodities, software or technology

exported or to be exported from the

United States and subject to the

Regulations.

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

Administrative Law Judge.

Accordingly, it is therefore ordered:

First, that, for a period of 15 years

from the date of this Order, Ben H.

Attia, also known as Adnan Attia,

individually with an address at 1614

Nine Island Boulevard, Miami Beach,

FL 33134, and doing business as

General Polyphase, Inc., with an address

at 15 rue de Kamel Attaturk, 1001

Tunis, Tunisia, and all successors,

assignees, officers, representatives,

agents and employees, 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

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 it 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
59656 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

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 a copy of this Order shall

be served on Attia 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: October 30, 1997.

William A. Reinsch,

Under Secretary for Export Administration.

[FR Doc. 97–29144 Filed 11–3–97; 8:45 am]

BILLING CODE 3510–DT–M

DEPARTMENT OF COMMERCE

Minority Business Development

Agency

Minority Business Development Center

Applications: Atlanta, GA

AGENCY: Minority Business

Development Agency, Commerce.

ACTION: Notice; revised dates.

SUMMARY: The Minority Business

Development Agency is revising the

announcement to solicit competitive

applications to operate its Atlanta, GA

Minority Business Development Center

program to change the closing and start

dates. The solicitation was originally

published in the Federal Register on

Wednesday, October 1, 1997, 62 FR

51454.

DATES: The revised closing is December

31, 1997, and the revised start date is

April 1, 1998.

PRE-APPLICATION CONFERENCE: For the

exact date, time and place, contact the

Atlanta Regional Office at (404) 730–

3300.

ADDRESSES: Mail applications to the

U.S. Department of Commerce, Minority

Business Development Agency, MBDA

Executive Secretariat, 14th &

Constitution Avenue, NW, Room 5073,

Washington, D.C. 20230.

FOR FURTHER INFORMATION CONTACT:

Robert Henderson at (404) 730–3300.

(Catalog of Federal Domestic Assistance:

11.800 Minority Business Development

Center Program)

Dated: October 28, 1997.

Donald L. Powers,

Federal Register Liaison Officer, Minority

Business Development Agency.

[FR Doc. 97–29106 Filed 11–3–97; 8:45 am]

BILLING CODE 3510–21–M

DEPARTMENT OF COMMERCE

Minority Business Development

Agency

Native American Business

Development Center Applications:

Cherokee

AGENCY: Minority Business

Development Agency, Commerce.

ACTION: Notice; revised dates.

SUMMARY: The Minority Business

Development Agency is revising the

announcement to solicit competitive

applications to operate its Cherokee

Native American Business Development

Center program to change the closing

and start dates. The solicitation was

originally published in the Federal

Register on Wednesday, October 1,

1997, 62 FR 51457.

DATES: The revised closing is December

31, 1997, and the revised start date is

April 1, 1998.

PRE-APPLICATION CONFERENCE: For the

exact date, time and location contact the

Atlanta Regional Office at (404) 730–

3300.

ADDRESSES: Mail applications to the

U.S. Department of Commerce, Minority

Business Development Agency, MBDA

Executive Secretariat, 14th &

Constitution Avenue, NW, Room 5073,

Washington, DC. 20230.

FOR FURTHER INFORMATION CONTACT:

Robert Henderson at (404) 730–3300.

(Catalog of Federal Domestic Assistance:

(11.801 Native American Program)

Dated: October 28, 1997.

Donald L. Powers,

Federal Register Liaison Officer, Minority

Business Development Agency.

[FR Doc. 97–29108 Filed 11–3–97; 8:45 am]

BILLING CODE 3510–21–M

DEPARTMENT OF COMMERCE

Minority Business Development

Agency

Native American Business Consultant

Applications: Nationwide

AGENCY: Minority Business

Development Agency, Commerce.

ACTION: Notice; revised dates.

SUMMARY: The Minority Business

Development Agency is revising the

announcement to solicit competitive

applications to operate its Native

American Business Consultant program

to change the closing and start dates and

to notify interested parties of a preapplication conference. The solicitation

was originally published in the Federal

Register on Wednesday, October 1,

1997, 62 FR 51456.

DATES: The revised closing is December

31, 1997, an the revised start date is

April 1, 1998. The date of the preapplication conference is November 20,

1997, at 10:00 a.m.

ADDRESSES: The pre-application

conference will be held at the U.S.

Department of Commerce, Minority

Business Development Agency, 14th &

Constitution Avenue, NW, Room 5045,

Washington, D.C. 20230. Mail

applications to the U.S. Department of

Commerce, Minority Business

Development Agency, MBDA Executive

Secretariat, 14th & Constitution Avenue,

NW, Room 5073, Washington, D.C.

20230.

FOR FURTHER INFORMATION CONTACT:

Joe Hardy at (202) 482–2366.

(Catalog of Federal Domestic Assistance:

11.801 Native American Program)

Dated: October 28, 1997.

Donald L. Powers,

Federal Register Liaison Officer, Minority

Business Development Agency.

[FR Doc. 97–29105 Filed 11–3–97; 8:45 am]

BILLING CODE 3510–21–M

DEPARTMENT OF COMMERCE

Minority Business Development

Agency

Native American Business

Development Center Applications:

Northwest

AGENCY: Minority Business

Development Agency, Commerce.

ACTION: Notice; revised dates.

SUMMARY: The Minority Business

Development Agency is revising the

announcement to solicit competitive

applications to operate its Northwest

Native American Business Development

Center program to change the closing

and start dates The solicitation was

originally published in the Federal

Register on Wednesday, October 1,

1997, 62 FR 51438.

DATES: The revised closing is January 2,

1998, and the revised start date is April

1, 1998.

PRE-APPLICATION CONFERENCE: For the

exact date, time and pace, contact the