Action Affecting Export Privileges; Well Being Enterprise Co., Ltd.; In the Matter of: Well Being Enterprise Co., Ltd. 9 F, No. 170 Min Chuan E. Rd., Sec. 3 Taipei 10542
The Bureau of Industry and Security, U.S. Department of Commerce (“BIS”) has initiated an administrative proceeding against Well Being Enterprise Co., Ltd. (hereinafter referred to as “Well Being”) pursuant to Section 766.3 of the Export Administration Regulations (“Regulations”) \1\ and Section 13(c) of the Export Administration Act of 1979, as amended (“Act”),\2\ through issuance of a charging letter to Well Being that alleged that Well Being committed 25 violations of the Regulations. [Only one of the 25 violations were related to sodium fluoride]
Charge 25 15 CFR 764.2(b): Commanding and/or Inducing an Act Prohibited by the Regulations On one occasion on or about April 15, 2006, Well Being commanded or induced the doing of an act prohibited by the Regulations by instructing an affiliated U.S. company to procure and export to Taiwan sodium fluoride, an item subject to the Regulations and classified under ECCN 1C350, without the Department of Commerce license required by Section 742.2 of the Regulations. Specifically, Well Being instructed an affiliated U.S. company, whose sole officer was also the president of Well Being, to procure sodium fluoride for Well Being and export it to Well Being in Taiwan. In so doing, Well Being committed one violation of Section 764.2(b) of the Regulations.
… It is therefore ordered: First, that a civil penalty of $250,000 is assessed against Well Being. Well Being shall pay $30,000 to the U.S. Department of Commerce within 30 days of from the date of entry of this Order. Payment shall be made in the manner specified in the attached instructions. Payment of the remaining $220,000 shall be suspended for a period of five years from the date of entry of this Order and thereafter shall be waived, provided that during the period of suspension, Well Being has committed no violation of the Act, or any regulation, order, or license issued thereunder and has made the payment of $30,000, described above, in a timely manner.
Note from FAN:
We do not know the monetary fine for the violation of sodium fluoride as there were 24 other violations.