31504 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Notices

1The Act expired on August 20, 1994. Executive

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

extended by Presidential Notice of August 15, 1995

(50 FR 42767, August 17, 1995), continued the

Regulations in effect under the International

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

§§ 1701–1706 (1991 & Supp. 1996)).

2The March 25, 1996 Federal Register

publication redesignated the existing Regulations as

15 CFR Parts 768A–799A. In addition, the March

25 Federal Register publication restructured and

reorganized the Regulations, designating them as an

interim rule at 15 CFR Parts 730–774, effective

April 24, 1996.

3For purposes of this Order, ‘‘license’’ includes

any general license established in 15 CFR Parts

768A–799A.

when it can meaningfully consider them

and respond to them in the final

environmental impact statement.

To assist the Forest Service in

identifying and considering issues

raised by the proposed action,

comments on the draft environmental

impact statement or the merits of the

alternatives formulated should be as

specific as possible. Reviewers may

wish to refer to the Council on

Environmental Quality Regulations for

implementing the procedural provisions

of the National Environmental Policy

Act at 40 CFR 1503.3 in addressing

these points.

The FEIS is scheduled to be

completed and available to the public

by August, 1997. The responsible

official will document the decision and

the reasons supporting it in a Record of

Decision. That decision will be subject

to appeal pursuant to 36 CFR 215.

Dated: June 12, 1996.

Jerry D. Greer,

Planning Branch Chief, Payette National

Forest.

[FR Doc. 96-15719 Filed 6-19-96; 8:45 am]

BILLING CODE 3410-11-M

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; ISP

International Spare Parts GmbH; Order

The Office of Export Enforcement,

Bureau of Export Administration,

United States Department of Commerce

(BXA), having notified ISP International

Spare Parts GmbH (‘‘ISP’’) of its

intention to initiate an administrative

proceeding against it pursuant to

Section 13(c) of the Export

Administration Act of 1979, as amended

(50 U.S.C.A. app. §§ 2401–2420 (1991 &

Supp. 1996)) (the Act),1 and the Export

Administration Regulations (15 CFR

Parts 768–799 (1995), as amended (61

FR 12714 (March 25, 1996)) (the

Regulations),2 based on allegations that:

1. Between January 1991 and

December 1992, ISP conspired with a

U.S. company to ship U.S.-origin fuel

pumps to Libya, knowing that such

shipments were prohibited by the

Regulations, in violation of Section

787.3(b) of the Regulations; and

2. On three separate occasions, on or

about January 31, 1991, April 3, 1991,

and December 5, 1992, ISP caused,

aided or abetted the reexport of U.S.-

origin fuel pumps to Libya without the

required reexport authorization, in

violation of Section 787.2 of the

Regulations;

BXA and ISP having 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 the

terms of the Settlement Agreement

having been approved by me;

It is therefore ordered:

First, that a civil penalty of $40,000 is

assessed against ISP, which shall be

paid to BXA within 30 days of the date

of entry of this Order. Payment shall be

made in the manner specified in the

attached instructions.

Second, that, for a period of ten years

from the date of this Order, ISP 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,3 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.

Third, 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

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 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 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.

Fourth, that, after notice and

opportunity for comment as provided in

§ 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.

Fifth, that as authorized by § 766.18 of

the Regulations, the ten-year denial

period set forth in paragraph SECOND

above shall be suspended for a period of

three years beginning seven years from

the date of entry of this Order, and shall

thereafter be waived, provided that,

during the period of suspension, ISP

commits no violation of the Act or any

regulation, order or license issued

thereunder.

Sixth, 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.

Seventh, that the proposed Charging

Letter, the Settlement Agreement, and

this Order shall be made available to the

public. A copy of this Order shall be

published in the Federal Register.
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Notices 31505

1The Act expired on August 20, 1994. Executive

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

extended by Presidential Notice of August 15, 1995

(60 FR 42767, August 17, 1995), continued the

Regulations in effect under the International

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

§§ 1701–1706 (1991 & Supp 1996)).

2The March 25, 1996 Federal Register

publication redesignated the existing Regulations as

15 CFR Parts 768A–799A. In addition, the March

25 Federal Register publication restructured and

reorganized the Regulation, designating them as an

interim rule at 15 CFR Parts 730–774, effective

April 24, 1996.

3For purposes of this Order, ‘‘license’’ includes

any general license established in 15 CFR Parts

768A–799A.

This Order, which constitutes the

final agency action in this matter, is

effective immediately.

Entered this 11th day of June 1996.

John Despres,

Assistant Secretary for Export Enforcement.

[FR Doc. 96–15743 Filed 6–19–96; 8:45 am]

BILLING CODE 3510–DT–M

Action Affecting Export Privileges;

Wolfgang Nothacker; Order

The Office of Export Enforcement,

Bureau of Export Administration,

United States Department of Commerce

(BXA), having notified Wolfgang

Nothacker (‘‘Nothacker’) of its intention

to initiate an administrative proceeding

against him pursuant to section 13(c) of

the Export Administration Act of 1979,

as amended (50 U.S.C.A. app. §§ 2401–

2420 (1991 & Supp. 1996)) (the Act),1

and the Export Administration

Regulations (15 CFR parts 768–799

(1995), as amended (61 FR 12714

(March 25, 1996)) (the Regulations),2

based on allegations that:

1. Between January 1991 and

December 1992, Nothacker conspired

with a U.S. company to ship U.S.-origin

fuel pumps to Libya, knowing that such

shipments were prohibited by the

Regulations, in violation of section

787.3(b) of the Regulations; and

2. On three separate occasions, on or

about January 31, 1991, April 3, 1991,

and December 5, 1992, Nothacker

caused, aided or abetted the reexport of

U.S.-origin fuel pumps to Libya without

the required reexport authorization, in

violation of section 787.2 of the

Regulations; and

BXA and Nothacker having 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 the

terms of the Settlement Agreement

having been approved by me;

It is therefore ordered:

First, that, for a period of ten years

from the date of this Order, Nothacker

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,3 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.

Third, 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

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 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

have 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.

Fourth, that, after notice and

opportunity for comment as provided in

§ 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.

Fifth, that as authorized by § 766.18 of

the Regulations, the ten-year denial

period set forth in paragraph SECOND

above shall be suspended for a period of

nine years beginning one year from the

date of entry of this Order, and shall

thereafter be waived, provided that: i)

during the period of suspension,

Nothacker commits no violation of the

Act or any regulation, order or license

issued thereunder; and ii) Nothacker

cooperates with BXA in connection

with its investigation into the

transactions identified in the proposed

Charging Letter, as agreed by BXA and

Nothacker.

Sixth, 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.

Seventh, that the proposed Charging

Letter, the Settlement Agreement, and

this Order shall be made available to the

public. A copy of this Order shall be

published in the Federal Register.

This Order, which constitutes the

final agency action in this matter, is

effective immediately.

Entered this 11th day of June 1996.

John Despres,

Assistant Secretary for Export Enforcement.

[FR Doc. 96–15744 Filed 6–19–96; 8:45 am]

BILLING CODE 3510–DT–M