80 FR 17716 - In the Matter of: Precision Image Corporation, 22424 76th Avenue Southeast, Woodinville, WA 98072
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 80, Issue 63 (April 2, 2015)
Bureau of Industry and Security
Federal Register Volume 80, Issue 63 (April 2, 2015)
| Page Range | 17716-17717 | |
| FR Document | 2015-07640 |
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)] [Notices] [Pages 17716-17717] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07640] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Precision Image Corporation, 22424 76th Avenue Southeast, Woodinville, WA 98072 Order Denying Export Privileges On October 28, 2013, in the U.S. District Court, Western District of Washington at Seattle, Precision Image Corporation, was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. Sec. 2778 (2012)) (``AECA''). Specifically, Precision Image Corporation willfully exported from the United States technical data designated on the United States Munitions List, International Traffic in Arms Regulations, namely, a PCB, Sensor Motherboard, H-1 Gyro, PESK-7571, which is covered by Category XII(f) of the United States Munitions List, without having obtained from the United States Department of State a license or written approval for the export of this technical data. Precision Image Corporation was sentenced to 3 years of probation, criminal fine of $300,000 and an assessment of $400. Section 766.25 of the Export Administration Regulations (``EAR'' or ``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director of the Office of Exporter Services, in consultation with the Director of the Office of Export Enforcement, may deny the export privileges of any person who has been convicted of a violation of the Export Administration Act (``EAA''), the EAR, or any order, license or authorization issued thereunder; any regulation, license, or order issued under the International Emergency Economic Powers Act (50 U.S.C. Sec. 1701-1706); 18 U.S.C. Sec. Sec. 793, 794 or 798; section 4(b) of the Internal Security Act of 1950 (50 U.S.C. Sec. 783(b)), or section 38 of the Arms Export Control Act (22 U.S.C. Sec. 2778).'' 15 CFR. Sec. 766.25(a); see also Section 11(h) of the EAA, 50 U.S.C. app. Sec. 2410(h). The denial of export privileges under this provision may be for a period of up to 10 years from the date of the conviction. 15 CFR. Sec. 766.25(d); see also 50 U.S.C. app. Sec. 2410(h). In addition, Section 750.8 of the Regulations states that the Bureau of Industry and Security's Office of Exporter Services may revoke any Bureau of Industry and Security (``BIS'') licenses previously issued in which the person had an interest in at the time of its conviction. --------------------------------------------------------------------------- \1\ The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730-774 (2014). The Regulations issued pursuant to the Export Administration Act (50 U.S.C. app. Sec. Sec. 2401-2420 (2000)) (``EAA''). Since August 21, 2001, the EAA 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 August 7, 2014 (79 FR 46959 (August 11, 2014)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. Sec. 1701, et seq. (2006 & Supp. IV 2010)). --------------------------------------------------------------------------- BIS has received notice of Precision Image Corporation's conviction for violating the AECA, and have provided notice and an opportunity for Precision Image Corporation to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has received and reviewed a submission from Precision Image Corporation. Based upon my review and consultations with BIS's Office of Export Enforcement, including its Director, and the facts available to BIS, I have decided to deny Precision Image Corporation's export privileges under the Regulations for a period of 10 years from the date of Precision Image Corporation's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Precision Image Corporation had an interest at the time of its conviction. [[Page 17717]] Accordingly, it is hereby ORDERED: First, from the date of this Order until October 28, 2023, Precision Image Corporation, with a last known address of 22424 76th Avenue Southeast, Woodinville, WA 98072, and when acting for or on its behalf, its successors, assigns, directors, officers, employees, agents, or representatives, (the ``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, 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. 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, 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, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any other person, firm, corporation, or business organization related to Precision Image Corporation by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with Part 756 of the Regulations, Precision Image Corporation may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of Part 756 of the Regulations. Fifth, a copy of this Order shall be delivered to the Precision Image Corporation. This Order shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until October 28, 2023. Issued this 26th day of March, 2015. Thomas Andrukonis, Acting Director, Office of Exporter Services. [FR Doc. 2015-07640 Filed 4-1-15; 8:45 am] BILLING CODE CODE P
![17716 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices
Plan in Washington, DC. The SEIS will Home or be in the public interest. Section 766.25 of the Export
provide new analysis based on changes Proceeds from such a lease are Administration Regulations (‘‘EAR’’ or
to the original master development plan, deposited to AFRH’s Trust Fund. To ‘‘Regulations’’) 1 provides, in pertinent
and changes in governing regulations. implement these authorities, AFRH part, that ‘‘[t]he Director of the Office of
DATES: Effective: April 3, 2015. prepared a Master Development Plan Exporter Services, in consultation with
FOR FURTHER INFORMATION CONTACT: and issued a Record of Decision in 2008 the Director of the Office of Export
Justin Seffens, Corporate Facilities for its 276-acre campus in Washington, Enforcement, may deny the export
Director, AFRH, at (202) 541–7549, or DC to guide the long-term use and privileges of any person who has been
Tim Sheckler, Project Manager, GSA, at development of the site. AFRH was convicted of a violation of the Export
(202) 401–5806. The U.S. General unable to reach agreement with the Administration Act (‘‘EAA’’), the EAR,
Services Administrator (GSA) is initially selected developer. AFRH now or any order, license or authorization
preparing the SEIS on behalf of AFRH. anticipates releasing a new solicitation issued thereunder; any regulation,
and selecting a new development license, or order issued under the
SUPPLEMENTARY INFORMATION: Pursuant
partner. International Emergency Economic
to the requirements of the National
Powers Act (50 U.S.C. § 1701–1706); 18
Environmental Policy Act of 1969 Alternatives Under Consideration
U.S.C. §§ 793, 794 or 798; section 4(b)
(NEPA), 42 United States Code (U.S.C.) AFRH will analyze the proposed of the Internal Security Act of 1950 (50
4321–4347; the Council on action and no action alternatives for the U.S.C. § 783(b)), or section 38 of the
Environmental Quality Regulations proposed Master Development Plan. Arms Export Control Act (22 U.S.C.
(Code of Federal Regulations (CFR), The proposed action alternative(s) will § 2778).’’ 15 CFR. § 766.25(a); see also
Title 40, chapter V, parts 1500–1508); include development of a portion of the Section 11(h) of the EAA, 50 U.S.C. app.
and AFRH’s Environmental Policy, 38 site for office, commercial, institutional, § 2410(h). The denial of export
CFR part 200, AFRH plans to prepare a and residential uses. As part of the EIS, privileges under this provision may be
Supplemental Environmental Impact AFRH will study the impacts of each for a period of up to 10 years from the
Statement (SEIS) for the proposed alternative on the human environment. date of the conviction. 15 CFR.
Master Plan Development at the Armed
Scoping Process § 766.25(d); see also 50 U.S.C. app.
Forces Retirement Home in Washington,
§ 2410(h). In addition, Section 750.8 of
DC. In accordance with 40 CFR
AFRH intends to prepare an SEIS to the Regulations states that the Bureau of
1502.9(c)(4), there will be no scoping Industry and Security’s Office of
analyze the potential impacts resulting conducted for this SEIS.
from the proposed changes to the Exporter Services may revoke any
original master development plan. Steven G. McManus, Bureau of Industry and Security (‘‘BIS’’)
Factors known to have changed since Chief Operating Officer, Armed Forces
licenses previously issued in which the
the previous study include construction Retirement Home. person had an interest in at the time of
of a new building, the Scott Building, on [FR Doc. 2015–07621 Filed 4–1–15; 8:45 am]
its conviction.
BIS has received notice of Precision
the AFRH campus; a $15 million BILLING CODE CODE 3030–ZA–P
Image Corporation’s conviction for
restoration and expansion of the
violating the AECA, and have provided
Lincoln’s Cottage historic site; closure of
notice and an opportunity for Precision
the Heating Plant and inclusion of the DEPARTMENT OF COMMERCE Image Corporation to make a written
Plant in the development area; the
submission to BIS, as provided in
anticipated development of the Bureau of Industry and Security
Section 766.25 of the Regulations. BIS
McMillan Reservoir parcel immediately
In the Matter of: Precision Image has received and reviewed a submission
south of AFRH; and other area
Corporation, 22424 76th Avenue from Precision Image Corporation.
development. Based upon my review and
Southeast, Woodinville, WA 98072
Background consultations with BIS’s Office of
Established in 1851, the AFRH in Order Denying Export Privileges Export Enforcement, including its
Washington, DC continues its mission On October 28, 2013, in the U.S. Director, and the facts available to BIS,
as a retirement community for military District Court, Western District of I have decided to deny Precision Image
veterans. The 276-acre site is currently Washington at Seattle, Precision Image Corporation’s export privileges under
developed with 93 structures including Corporation, was convicted of violating the Regulations for a period of 10 years
the U.S. Soldiers’ and Airmen’s Home Section 38 of the Arms Export Control from the date of Precision Image
National Landmark District. Act (22 U.S.C. § 2778 (2012)) (‘‘AECA’’). Corporation’s conviction. I have also
In 2002, the National Defense Specifically, Precision Image decided to revoke all licenses issued
Authorization Act for Fiscal Year 2002 Corporation willfully exported from the pursuant to the Act or Regulations in
(Pub. L. 107–107, 24 U.S.C. 411, et seq.) United States technical data designated which Precision Image Corporation had
gave the AFRH, with approval of the on the United States Munitions List, an interest at the time of its conviction.
Secretary of Defense, authority to International Traffic in Arms 1 The Regulations are currently codified in the
dispose of any property by sale, lease, Regulations, namely, a PCB, Sensor Code of Federal Regulations at 15 CFR parts 730–
or otherwise that is excess to the needs Motherboard, H–1 Gyro, PESK–7571, 774 (2014). The Regulations issued pursuant to the
of the AFRH. In 2010, The National which is covered by Category XII(f) of Export Administration Act (50 U.S.C. app. §§ 2401–
Defense Authorization Act for Fiscal the United States Munitions List, 2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the
EAA has been in lapse and the President, through
tkelley on DSK3SPTVN1PROD with NOTICES
Year 2010 (Pub. L. 111–84, 24 U.S.C. without having obtained from the Executive Order 13222 of August 17, 2001 (3 CFR.,
411) modified this authority to allow the United States Department of State a 2001 Comp. 783 (2002)), which has been extended
Secretary of Defense (acting on behalf of license or written approval for the by successive Presidential Notices, the most recent
AFRH) to lease non-excess property export of this technical data. Precision being that of August 7, 2014 (79 FR 46959 (August
11, 2014)), has continued the Regulations in effect
upon such terms as the Secretary Image Corporation was sentenced to 3 under the International Emergency Economic
considers will promote the purpose and years of probation, criminal fine of Powers Act (50 U.S.C. § 1701, et seq. (2006 & Supp.
financial stability of the Retirement $300,000 and an assessment of $400. IV 2010)).
VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\02APN1.SGM 02APN1](https://thefederalregister.org/doc/80_FR_17779/page/1.svg)
![Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices 17717
Accordingly, it is hereby ORDERED: United States and which is owned, FOR FURTHER INFORMATION CONTACT:
First, from the date of this Order until possessed or controlled by the Denied Alexis Polovina, AD/CVD Operations,
October 28, 2023, Precision Image Person, or service any item, of whatever Office V, Enforcement and Compliance,
Corporation, with a last known address origin, that is owned, possessed or International Trade Administration,
of 22424 76th Avenue Southeast, controlled by the Denied Person if such Department of Commerce, 14th Street
Woodinville, WA 98072, and when service involves the use of any item and Constitution Avenue NW.,
acting for or on its behalf, its successors, subject to the Regulations that has been Washington, DC 20230; telephone: (202)
assigns, directors, officers, employees, or will be exported from the United 482–3927.
agents, or representatives, (the ‘‘Denied States. For purposes of this paragraph, SUPPLEMENTARY INFORMATION:
Person’’), may not, directly or indirectly, servicing means installation,
participate in any way in any maintenance, repair, modification or Background
transaction involving any commodity, testing. On December 31, 2014, based on a
software or technology (hereinafter Third, after notice and opportunity for timely request for review 1 by the
collectively referred to as ‘‘item’’) comment as provided in Section 766.23 American Honey Producers Association
exported or to be exported from the of the Regulations, any other person, and Sioux Honey Association
United States that is subject to the firm, corporation, or business (collectively, ‘‘Petitioners’’), the
Regulations, including, but not limited organization related to Precision Image Department published in the Federal
to: Corporation by ownership, control, Register a notice of initiation of an
A. Applying for, obtaining, or using position of responsibility, affiliation, or administrative review of the
any license, License Exception, or other connection in the conduct of trade antidumping duty order on honey from
export control document; or business may also be made subject to the PRC covering the period December
B. Carrying on negotiations the provisions of this Order in order to 1, 2013 through November 30, 2014.2
concerning, or ordering, buying, prevent evasion of this Order. The review covers three companies.3 On
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of March 17, 2015, Petitioners withdrew
storing, disposing of, forwarding, the Regulations, Precision Image their request for an administrative
transporting, financing, or otherwise Corporation may file an appeal of this review on all the three companies listed
servicing in any way, any transaction Order with the Under Secretary of in the Initiation Notice.4 No other party
involving any item exported or to be Commerce for Industry and Security. requested a review of these companies
exported from the United States that is The appeal must be filed within 45 days or any other exporters of subject
subject to the Regulations, or in any from the date of this Order and must merchandise.
other activity subject to the Regulations; comply with the provisions of Part 756
or Rescission of Review
of the Regulations.
C. Benefitting in any way from any Fifth, a copy of this Order shall be Pursuant to 19 CFR 351.213(d)(1), the
transaction involving any item exported delivered to the Precision Image Department will rescind an
or to be exported from the United States Corporation. This Order shall be administrative review, in whole or in
that is subject to the Regulations, or in published in the Federal Register. part, if the party that requested the
any other activity subject to the Sixth, this Order is effective review withdraws its request within 90
Regulations. immediately and shall remain in effect days of the publication of the notice of
Second, no person may, directly or until October 28, 2023. initiation of the requested review. In
indirectly, do any of the following: this case, Petitioners timely withdrew
A. Export or reexport to or on behalf Issued this 26th day of March, 2015.
their request by the 90-day deadline,
of the Denied Person any item subject to Thomas Andrukonis, and no other party requested an
the Regulations; Acting Director, Office of Exporter Services. administrative review of the
B. Take any action that facilitates the [FR Doc. 2015–07640 Filed 4–1–15; 8:45 am] antidumping duty order. As a result,
acquisition or attempted acquisition by BILLING CODE CODE P pursuant to 19 CFR 351.213(d)(1), we
the Denied Person of the ownership, are rescinding, in its entirety, the
possession, or control of any item administrative review of honey from the
subject to the Regulations that has been DEPARTMENT OF COMMERCE PRC for the period December 1, 2013
or will be exported from the United through November 30, 2014.
States, including financing or other International Trade Administration
support activities related to a Assessment
transaction whereby the Denied Person [A–570–863] The Department will instruct CBP to
acquires or attempts to acquire such assess antidumping duties on all
ownership, possession or control; Honey From the People’s Republic of appropriate entries. Because the
C. Take any action to acquire from or China: Rescission of Antidumping Department is rescinding this
to facilitate the acquisition or attempted Duty Administrative Review; 2013– administrative review in its entirety, the
acquisition from the Denied Person of 2014
any item subject to the Regulations that 1 See Letter from Petitioners, Honey from the
has been exported from the United AGENCY: Enforcement and Compliance, People’s Republic of China: Request for Thirteenth
States; International Trade Administration, Administrative Review, dated December 31, 2014.
D. Obtain from the Denied Person in Department of Commerce. 2 See Initiation of Antidumping and
SUMMARY: The Department of Commerce Countervailing Duty Administrative Reviews, 80 FR
the United States any item subject to the 6041, 6044 (February 4, 2015) (‘‘Initiation Notice’’).
(‘‘the Department’’) is rescinding the
tkelley on DSK3SPTVN1PROD with NOTICES
Regulations with knowledge or reason 3 The three companies are: Dongtai Peak Honey
to know that the item will be, or is administrative review of the Industry Co., Ltd.; Kunshan Xinlong Food Co., Ltd.;
intended to be, exported from the antidumping duty order on honey from and Lee Hoong Kee Ltd.
United States; or the People’s Republic of China (‘‘PRC’’) 4 See Letter from Petitioners, Thirteenth
for the period December 1, 2013 through Administrative Review of the Antidumping Duty
E. Engage in any transaction to service Order on Honey from the PRC: Petitioners’
any item subject to the Regulations that November 30, 2014. Withdrawal of Request for Administrative Review,
has been or will be exported from the DATES: Effective April 2, 2015. dated March 17, 2015.
VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\02APN1.SGM 02APN1](https://thefederalregister.org/doc/80_FR_17779/page/2.svg)
Document Created: 2018-02-21 10:03:25
Document Modified: 2018-02-21 10:03:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 17716 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR