[Federal Register Volume 61, Number 32 (Thursday, February 15, 1996)]
[Notices]
[Pages 5979-5980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3431]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; Scientific International,
Inc.
Order Denying Permission to Apply for or Use Export Licenses
In the Matter of: Scientific International, Inc., 143 Snowden
Lane, Princeton, New Jersey 08543.
On June 29, 1992, Scientific International, Inc. (Scientific
International) was convicted in the U.S. District Court for the
District of New Jersey of violating the Export Administration Act of
1979, as amended (currently codified at 50 U.S.C.A. app. Secs. 2401-
2420 (1991 & Supp. 1995)) (the Act),\1\ among other crimes.
Specifically, Scientific International was convicted of one count of
knowingly and willfully exporting and causing to be exported 660
graphite seal assemblies to the Department of Atomic Energy in Bombay,
India, through West Germany, without first having obtained the required
validated export license from the Department of Commerce.
\1\ The Act expired on August 20, 1994. Executive Order 12924
(59 FR 43437, August 23, 1994), extended by Presidential Notice of
August 15, 1995 (60 FR 42767, August 17, 1995), continued the
Regulations in effect under the International Emergency Economic
Powers Act, 50 U.S.C.A. 1701-1706 (1991).
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Section 11(h) of the Act, provides that, at the discretion of the
Secretary of Commerce,\2\ no person convicted of 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 CFR 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 Services.''
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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 Scientific International's conviction for
violating the Act, and following consultations with the Director,
Office of Export Enforcement, I have decided to deny Scientific
International 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 its
conviction. The 10-year period ends on June 29, 2002. I have also
decided to revoke all export licenses issued pursuant to the Act in
which Scientific International had an interest at the time of its
conviction.
Accordingly, it is hereby ordered,
I. All outstanding individual validated licenses in which
Scientific International 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 Scientific
International'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 June 29, 2002, Scientific International, Inc., 143
Snowden Lane, Princeton, New Jersey 08543, 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 Scientific International 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 its
export privileges or then excluded from practice before the Bureau of
Export Administration; or (ii) order, buy, receive, use, sell, deliver,
[[Page 5980]]
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 June 29, 2002.
VI. A copy of this Order shall be delivered to Scientific
International. This Order shall be published in the Federal Register.
Dated: February 5, 1996.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 96-3431 Filed 2-14-96; 8:45 am]
BILLING CODE 3510-DT-M