[Federal Register Volume 60, Number 193 (Thursday, October 5, 1995)]
[Notices]
[Pages 52148-52149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24746]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; Jan C. Koster, Doing Business
as Advanced Computing Management, Also Known as Aqua City Mij
Relating Person Order
In the Matter of: Jan C. Koster, d.b.a. Advanced Computing
Management a.k.a. Aqua City Mij; World Trade Center, Strawinskylaan
59, Amsterdam Postbus 72311, 1007 VA Amsterdam, The Netherlands,
Respondents.
Whereas, on August 24, 1990, the Assistant Secretary for Export
Enforcement, Qunicy M. Krosby, entered an order approving a Consent
Agreement and issuing, in pertinent part, the following order:
First, that a civil penalty in the amount of $50,000 is assessed
against [Jan C.] Koster, which shall be paid to the Department as
follows: $25,000 shall be paid on or before December 31, 1990 and
$25,000 shall be paid within one year of the entry of this Order.
Payment shall be made in the manner specified in the attached
instructions.
Second, that Jan C. Koster, individually and doing business as
Advanced Computing Management and Aqua City Mij (hereinafter
collectively referred to as Koster), World Trade Center, Strawinskylaan
59, 1077 XW Amsterdam Postbus 72311, 1007 VA, Amsterdam, The
Netherlands, and all his successors, assignees, officers, partners,
representatives, agents and employees, shall be denied, for a period of
five years from the date of this Order, all privileges of
participating, directly or indirectly, in any manner or capacity, in
any transaction involving the export of U.S.-origin commodities or
technical data from the United States or abroad.
* * * * *
B. After notice and opportunity for comment, such denial may be
made applicable to any person, firm, corporation, or business
organization with which Koster is now or hereafter may be related by
affiliation, ownership, control, position of responsibility, or other
connection in the conduct of trade or related services.
* * * * *
D. As authorized by Section 788.17(b) of the Regulations, the
denial period herein provided against Koster shall be suspended for a
period of five years beginning from the date of entry of this Order and
shall thereafter be waived, provided that, during the period of
suspension, Koster has not committed any violation of the [Export
Administration] Act or any regulation, order under the Act.\1\
\1\The Export Administration Act of 1979, as amended (currently
codified at U.S.C.A. app. Secs. 2401-2420 (1991, Supp. 1993, and
Pub. L. No. 103-277, July 5, 1994)) (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. Secs. 1701-1706 (1991)).
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Whereas, on March 5, 1991, when Koster failed to pay the civil
penalty as required by the Order, the Office of Export Enforcement,
Bureau of Export Administration, United States Department of Commerce
(Department), revoked the five-year period of suspension as provided by
the August 24, 1990 Order, and implemented the five-year denial period
against Koster, all of Koster's export privileges are denied until
March 5, 1996, and the denial order extended to Koster's company,
Advanced Computing Management, also known as Aqua City Mij;
Whereas, a June 30, 1995 Order to Multiline Computing Amsterdam and
Blue Circle B.V. directing them to show cause why the sanctions of the
March 5, 1991 Order entered against Koster should not be made
applicable to them because of their relationship to Koster in the
conduct of export trade or related services;
Whereas, no response was made to the Order To Show Cause which was
served on the respondents and the related parties on July 11, 1995;
Whereas, the Administrative Law Judge has recommended, based on the
evidence of record, that I enter an Order finding that the above
persons are related to Koster by affiliation, ownership, control,
positions of responsibility, or other connection in the conduct of
export trade or related services;
Whereas, I find, based on the evidence of record, that each of the
[[Page 52149]]
above persons is related to Koster by affiliation, ownership, control,
positions of responsibility, or other connection in the conduct of
export trade or related services;
It is therefore ordered:
That the ``Second'' ordering paragraph of the order of Assistant
Secretary for Export Enforcement, Quincy M. Krosby, issued August 24,
1990, entered against Jan C. Koster be amended by adding the following
as persons related to Koster:
Multiline Computing Amsterdam, Paasheuvelweg 26, 1105 BJ Amsterdam, The
Netherlands and
Boompjes 543, Rotterdam, The Netherlands and
Blue Circle B.V., with addresses at Strawinskylaan 59, Amsterdam, The
Netherlands and Wagenweg 47, Haarlem, The Netherlands.
Each of the above persons is therefore subject to the same
sanctions as are imposed against Koster by the March 5, 1991 Order
which continues in full force and effect.
This Order is effective immediately. A copy of this Order shall be
served on each named related person and published in the Federal
Register.
This constitutes the final agency action in this matter.
Dated: September 6, 1995.
John Despres,
Assistant Secretary for Export Enforcement.
[FR Doc. 95-24746 Filed 10-4-95; 8:45 am]
BILLING CODE 3510-DT-M