Action Affecting Export Privileges; Lasarray Corporation

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; Lasarray Corporation

In the Matter of: Lasarray Corporation, 13845 Alton Parkway #B,

Irvine, California 92718, Respondent.

Order

The Office of Export Enforcement, Bureau of Export Administration,

United States Department of Commerce (Department) having notified

Lasarray Corporation (Lasarray) 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.

Secs. 2401-2420 (1991 and Supp. 1995)) (the Act),\1\ and Part 788 of

the Export Administration Regulations (currently codified at 15 C.F.R.

Parts 768-799 (1995)) (the Regulations), based on allegations that, on

13 separate occasions between on or about January 5, 1990 and on or

about August 31, 1990, Lasarray exported U.S.-origin base wafers from

the United States to Switzerland without the validated licenses

required by Section 772.1(b) of the Regulations, in violation of

Section 787.6 of the Regulations;

\1\ The Act expired on August 20, 1994. Executive Order No.

12924 (59 Fed. Reg. 43437, August 23, 1994), extended by

Presidential Notice of August 15, 1995 (60 Fed. Reg. 42767, August

17, 1995), continued the Regulations in effect under the

International Emergency Economic Powers Act (50 U.S.C.A. Secs. 1701-

1706 (1991)).

---------------------------------------------------------------------------

The Department and Lasarray having entered into a Consent Agreement

pursuant to Section 787.17(b) 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 Consent Agreement having been

approved by me;

It is therefore ordered,

First, all outstanding individual validated licenses in which

Lasarray appears or participates, in any manner or capacity, are hereby

revoked and shall be returned forthwith to the Office of Exporter

Services for cancellation. Further, all of Lasarray's privileges of

participating, in any manner or capacity, in any special licensing

procedure, including, but limited to, distribution licenses, are hereby

revoked.

Second, Lasarray Corporation, 13845 Alton Parkway #B, Irvine,

California, 92718, and all its successors or assigns, and officers,

representatives, agents, and employees, whenever acting within the

scope of their employment with Lasarray, shall, for a period of two

years from the date of this Order, be denied all privileges of

participating, directly or indirectly, in any manner or capacity, in

any transaction in the United States or abroad involving any commodity

or technical data exported or to be exported from the United States,

and subject to the Regulations.

A. Without limiting the generality of the foregoing, participation,

either in the United States or abroad, shall include participation,

directly or indirectly, in any manner or capacity: (i) as a party or as

a representative of a party to any export license application submitted

to the Department; (ii) in preparing or filing with the Department any

export license application or request for reexport authorization, or

any document to be submitted therewith; (iii) in obtaining from the

Department or using any validated or general export license, reexport

authorization, or other export control document; (iv) in carrying on

negotiations with respect to, or in receiving, ordering, buying,

selling, delivering, storing, using, or disposing of, in whole or in

part, any commodities or technical data exported or to be exported from

the United States and subject to the Regulations; and (v) in financing,

forwarding, transporting, or other servicing of such commodities or

technical data.

[[Page 1746]]

B. After notice and opportunity for comment as provided in Section

788.3(c) of the Regulations, any person, firm, corporation, or business

organization related to Lasarray by affiliation, ownership, control, or

position of responsibility in the conduct of trade or related services

may also be subject to the provisions of this Order.

C. As provided by Section 787.12(a) of the Regulations, without

prior disclosure of the facts to and specific authorization of the

Office of Export Licensing, in consultation with the Office of Export

Enforcement, no person may directly or indirectly, in any manner or

capacity: (i) apply for, obtain, or use any license, Shipper's Export

Declaration, bill of lading, or other export control document relating

to an export or reexport of commodities or technical data by, to, or

for another person then subject to an order revoking or denying his

export privileges or then excluded from practice before the Bureau of

Export Administration; or (ii) order, buy, receive, use, sell, deliver,

store, dispose of, forward, transport, finance, or otherwise service or

participate: (a) in any transaction which may involve any commodity or

technical data exported or to be exported from the United States; (b)

in any reexport thereof; or (c) in any other transaction which is

subject to the Export Administration Regulations,if the person denied

export privileges may obtain any benefit or have any interest in,

directly or indirectly, any of these transactions.

Third, that the proposed Charging Letter, the Consent 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 is effective immediately.

Entered this 11th day of January, 1996.

John Despres,

Assistant Secretary for Export Enforcement.

[FR Doc. 96-774 Filed 1-22-96; 8:45 am]

BILLING CODE 3510-DT-M