[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)] [Notices] [Pages 34509-34510] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-16223] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE [Docket No. 1107-02] Decision and Order In the Matter of: Robert J. Wheeler, 97 Templar Place, Oakland, California 94618, Respondent. On August 27, 1991, the Office of Export Enforcement, Bureau of Export Administration, United States Department of Commerce (Department), issued a Charging Letter against Robert J. Wheeler (Wheeler) alleging that Wheeler violated Sections 787.4(a), 787.5(a)(1)(ii), and 787.6 of the Export Administration Regulations (currently codified at 15 CFR Parts 768-799 (1995)) (the Regulations), issued pursuant to Section 13(c) of 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\ The Charging Letter alleged that: \1\ The Act expired on August 20, 1994. Executive Order No. 12924 (59 FR 43437, August 23, 1994) continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C.A. 1701-1706 (1991)). --------------------------------------------------------------------------- (1) On 15 separate occasions between on or about August 27, 1986 through on or about July 29, 1987, Wheeler exported U.S.-origin commodities contrary to the terms of distribution license, in violation of Section 787.6 of the Regulations; (2) In connection with the 15 exports described above, Wheeler made false statements of material fact to a U.S. agency in connection with the preparation, submission, or use of an export control document, in violation of Section 787.5(a)(1)(ii) of the Regulations; and (3) With respect to each of the 15 exports described above, Wheeler made the exports with knowledge or reason to know that the exports were being made contrary to a prior representation Wheeler made to the Department, in violation of Section 787.4(a) of the Regulations. Wheeler answered the Charging Letter, denying the allegations set forth therein. After the Answer was filed, the Department and Wheeler entered into a Consent Agreement pursuant to Section 787.17(a) of the Regulations whereby they agreed to settle this matter in accordance with the terms and conditions set forth therein; The Administration Law Judge having recommended that I approve the terms of the Consent Agreement; and After reading and approving those terms; It is therefore ordered, First, all outstanding individual validated licenses in which Robert J. Wheeler 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 Wheeler's privileges of participating, in any manner or capacity, in any special licensing procedure, including, but not limited to, distribution licenses, are hereby revoked. Second, Robert J. Wheeler, 97 Templar Place, Oakland, California 94618, shall, for a period of ten 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 directly, 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. 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 Wheeler 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 Exporter Services, 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 [[Page 34510]] in, directly or indirectly, any of these transactions. D. As authorized by Sections 788.16 and 788.17 of the Regulations, the denial period shall be suspended for a period of five years beginning five years from the date of entry of this Order, and shall thereafter be waived, provided that, during the period of suspension, Wheeler commits no violation of the Act or any regulation, order or license issued thereunder. Third, that the Charging Letter, the Answer, the Consent Agreement, and this Order shall be made available to the public. A copy of this Order shall be served on the Department and Wheeler and published in the Federal Register. This Order, which constitutes the final agency action in this matter, is effective immediately. Entered this 26th day of June, 1995. William A. Reinsch, Under Secretary for Export Administration. [FR Doc. 95-16223 Filed 6-30-95; 8:45 am] BILLING CODE 3510-DT-M