[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)] [Notices] [Pages 29550-29551] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-13593] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Export Administration Action Affecting Export Privileges; Rolando Franco; Order Denying Permission to Apply for or Use Export Licenses On December 13, 1994, Rolando Franco (Franco) was convicted in the U.S. District Court for the District of New Jersey of violating the Export Administration Act of 1979, as amended (50 U.S.C.A. app. Secs. 2401-2420 (1991, Supp. 1993, and Pub. L. No. 103-277, July 5, 1994)) (the Act).\1\ Specifically, Franco was convicted on one count of knowingly and willfully violating the terms of an Order previously issued by the Department of Commerce on July 22, 1992, which denied Franco all U.S. export privileges for a period of five years. \1\The Act expired on August 20, 1994. Executive Order 12924 (59 Fed. Reg. 43437, August 23, 1994) continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C.A. Secs. 1701-1706 (1991)). --------------------------------------------------------------------------- Section 11(h) of the Act, provides that, at the discretion of the Secretary of Commerce,\2\ no person convicted of [[Page 29551]] violating the Act, or certain other provisions of the United States Code, shall be eligible to apply for or use any export license issued pursuant to, or provided by, the Act or the Export Administration Regulations (currently codified at 15 C.F.R. Parts 768- 799 (1995)) (the Regulations) for a period of up to 10 years from the date of the conviction. In addition, any export license issued pursuant to the Act in which such a person had any interest at the time of conviction may be revoked. \2\Pursuant to appropriate delegations of authority that are reflected in the Regulations, the Director, Office of Export Licensing, in consultation with the Director, Office of Export Enforcement, exercises the authority granted to the Secretary by Section 11(h) of the Act. Because of a recent Bureau of Export Administration reorganization, this responsibility now rests with the Director, Office of Exporter Services. Subsequent regulatory references herein to the ``Director, Office of Export Licensing,'' should be read as meaning ``Director, Office of Exporter''. --------------------------------------------------------------------------- Pursuant to Sections 770.15 and 772.1(g) of the Regulations, upon notification that a person has been convicted of violating the Act, the Director, Office of Export Licensing, in consultation with the Director, Office of Export Enforcement, shall determine whether to deny that person permission to apply for or use any export license issued pursuant to, or provided by, the Act and the Regulations, and shall also determine whether to revoke any export license previously issued to such a person. Having received notice of Franco's conviction for violating the Act, and following consultations with the Director, Office of Export Enforcement, I have decided to deny Franco permission to apply for or use any export license, including any general license, issued pursuant to, or provided by, the Act and the Regulations, for a period of 10 years from the date of his conviction. The 10-year period ends on December 13, 2004. I have also decided to revoke all export licenses issued pursuant to the Act in which Franco had an interest at the time of his conviction. Accordingly, it is hereby ordered. I. All outstanding individual validated licenses in which Franco appears or participates, in any manner or capacity, are hereby revoked and shall be returned forthwith to the Office of Export Licensing for cancellation. Further, all of Franco's privileges of participating, in any manner or capacity, in any special licensing procedure, including, but not limited to, distribution licenses, are hereby revoked. II. Until December 13, 2004, Rolando Franco, 195 Willet Avenue, South River, New Jersey 08882, hereby is 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, in whole or in part, and subject to the Regulations. 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. III. After notice and opportunity for comment as provided in Section 770.15(h) of the Regulations, any person, firm, corporation, or business organization related to Franco 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. IV. As provided in 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. V. This Order is effective immediately and shall remain in effect until December 13, 2004. VI. A copy of this Order shall be delivered to Franco. This Order shall be published in the Federal Register. Dated: May 25, 1995. Eileen Albanese, Acting Director, Office of Exporter Services. [FR Doc. 95-13593 Filed 6-2-95; 8:45 am] BILLING CODE 3510-DT-M