[Federal Register Volume 62, Number 59 (Thursday, March 27, 1997)]
[Notices]
[Pages 14670-14671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7804]
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DEPARTMENT OF COMMERCE
Action Affecting Export Privileges; Thomas Doyle; Order Denying
Permission to Apply for or use Export Licenses
In the Matter of: Thomas Doyle, 612 South Brooksvale Road,
Cheshire, Connecticut 06410.
On July 31, 1996, Thomas Doyle (Doyle) was convicted in the United
States District Court for the District of Connecticut of violating the
International Emergency Economic Powers Act (50 U.S.C.A. 1701-1706
(1991 & Supp. 1996)) (IEEPA) and the Export Administration Act of 1979,
as amended (50 U.S.C.A. app. Secs. 2401-2420 (1991 & Supp. 1996)) (the
Act).\1\ Doyle was convicted of knowingly and willfully exporting and
causing to be exported gear type fuel pumps from the United States to
Germany for transshipment to Libya through the Republic of Malta, and
of making false and misleading statements on export control documents.
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\1\ The Act expired on August 20, 1994. Executive Order 12924 (3
C.F.R., 1994 Comp. 917 (1995)), extended by Presidential Notices of
August 15, 1995 (3 C.F.R., 1995 Comp. 501 (1996)) and August 14,
1996 (61 FR 42527, August 15, 1996), continued the Export
Administration Regulations in effect under IEEPA.
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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 IEEPA or
the Act, or certain other provisions of the United States Code, shall
be eligible to apply for or use any license, included in License
Exception, issued pursuant to, or provided by, the Act or the Export
Administration Regulations (61 FR 12734-13041, March 25, 1996, to be
codified at 15 C.F.R. Parts 730-774) (the Regulations),\3\ for a period
of up to 10 years from the date of the conviction. In addition, any
license issued pursuant to the Act in which such a person had any
interest at the time of conviction may be revoked.
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\2\ Pursuant to the appropriate delegations of authority, the
Director, Office of Exporter Services, in consultation with the
Director, Office of Export Enforcement, exercises the authority
granted to the Secretary by Section 11(h) of the Act.
\3\ The March 25, 1996 Federal Register publication
redesignated, but did not republish, the former Regulations,
codified at 15 C.F.R. Parts 768-799 (1996), as 15 C.F.R. Parts 768-
799A.
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Pursuant to Sections 766.25 and 750.8(a) of the Regulations, upon
notification that a person has been convicted of violating IEEPA or the
Act,
[[Page 14671]]
the Director, Office of Exporter Services, in consultation with the
Director, Office of Export Enforcement, shall determine whether to deny
that person permission to apply for or use any license, including any
License Exception, issued pursuant to, or provided by, the Act and the
Regulations, and shall also determine whether to revoke any license
previously issued to such a person.
Having received notice of Doyle's conviction for violating IEEPA
and the Act, and following consultations with the Acting Director,
Office of Export Enforcement, I have decided to deny Doyle permission
to apply for or use any license, including any License Exception,
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 July 31, 2006. I have also decided to revoke all licenses
issued pursuant to the Act in which Doyle had an interest at the time
of his conviction.
Accordingly, it is hereby ordered
I. Until July 31, 2006, Thomas Doyle, 612 South Brooksvale Road,
Cheshire, Connecticut 06410, may not, directly or indirectly,
participate in any way, in any transaction involving any commodity,
software or technology (hereinafter collectively referred to as
``item'') exported or to be exported from the United States, that is
subject to the Regulations, or in any other activity subject to the
Regulations, including but not limited to:
A. Applying for, obtaining, or using any license, License
Exception, or export control document;
B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the Regulations, or in any other
activity subject to the Regulations; or
C. Benefiting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the Regulations, or in any other activity subject to the Regulations.
II. No person may directly or indirectly, do any of the following:
A. Export or reexport to or on behalf of the denied person any item
subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the denied person of the ownership, possession, or
control of any item subject to the Regulations that has been or will be
exported from the United States, including financing or other support
activities related to a transaction whereby the denied person acquires
or attempts to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the denied person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from the denied person in the United States any item
subject to the Regulations with knowledge or reason to know that the
item will be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the
Regulations that has been or will be exported from the United States
and which is owned, possessed or controlled by the denied person, or
service any item, of whatever origin, that is owned, possessed or
controlled by the denied person if such service involves the use of any
item subject to the Regulations that has been or will be exported from
the United States. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification or testing.
III. After notice and opportunity for comment as provided in
Section 766.23 of the Regulations, any person, firm, corporation, or
business organization related to Doyle by affiliation, ownership,
control, or position of responsibility in the conduct of trade or
related services may also be subject to the provision of this Order.
IV. This Order does not prohibit any export, reexport, or other
transaction subject to the Regulations where the only items involved
that are subject to the Regulations are the foreign-produced direct
product of U.S.-origin technology.
V. This Order is effective immediately and shall remain in effect
until July 31, 2006.
VI. A copy of this Order shall be delivered to Doyle. This Order
shall be published in the Federal Register.
Dated: March 10, 1997.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 97-7804 Filed 3-26-97; 8:45 am]
BILLING CODE 3510-DT-M