Commerce Department, Industry and Security Bureau
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce Bureau of Industry and Security [Docket No. 05-BIS-10 This matter is before me upon a Recommended Decision and Order of an Administrative Law Judge (“ALJ”), as further described below. In a charging letter filed on June 28, 2005, the Bureau of Industry and Security (“BIS”) alleged that Respondent, William Kovacs, committed six violations of the Export Administration Regulations (“Regulations”) [ 1 ] , issued under the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420 (2000)) (the “Act”), [ 2 ] related to the illegal export of an industrial furnace to the Beijing Research Institute of Materials and Technology (“BRIMT”) in the People's Republic of China. The export of the furnace, which took place in 1999, required a license because the exporter, Elatec (Kovacs' company), knew or had reason to know at the time of the export that the item would be used in the design, development, production, or use of missiles in or by China, as described in 744.3(a)(2) of the Regulations. A license application submitted for the export was explicitly denied by BIS before the export occurred, and no license for the export was ever obtained. The charging letter alleged that Kovacs sold, transferred, forwarded and/or disposed of the furnace with knowledge that a violation would subsequently occur, that Kovacs conspired to export the furnace without a license, that Kovacs caused the furnace to be…
Citation: 72 FR 8967
