[Federal Register Volume 60, Number 213 (Friday, November 3, 1995)]
[Notices]
[Pages 55831-55832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27214]
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[[Page 55832]]
DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; Louis Akhtab Haneef, Also
Known as Louis Sinclair Coleman; Order Denying Permission To Apply for
or use Export Licenses
On December 12, 1991, Louis Akhtab Haneef, also known as Louis
Sinclair Coleman (Haneef), was convicted in the United States District
Court for the Southern District of Florida of violating section 38 of
the Arms Export Control Act (22 U.S.C.A. 2778 (1990)) (the AECA) and
the Export Administration Act of 1979, as amended (50 U.S.C.A. app.
2401-2420 (1991 and Supp. 1995)) (the Act),\1\ among other crimes.
Specifically, Haneef was convicted on one count of knowingly and
willfully exporting and causing to be exported from the United States
to Port of Spain, Republic on Trinidad and Tobago, firearms and
ammunition, without obtaining the required license or written approval
from the Department of State; and one count of knowingly and willfully
exporting and causing to be exported from the United States to the
Republic of Trinidad and Tobago, shotguns, without having obtained the
required validated export license from the U.S. 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 and Supp. 1994).
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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 AECA or
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 AECA or
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 Haneef's conviction for violating the
AECA and the Act, and following consultations with the Director, Office
of Export Enforcement, I have decided to deny Haneef 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 12, 2001. I have also decided to revoke all export
licenses issued pursuant to the Act in which Haneef had an interest at
the time of his conviction.
Accordingly, it is hereby Ordered
I. All outstanding individual validated licenses in which Haneef
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 Haneef's privileges of participating, in
any manner or capacity, in any special licensing procedures, including,
but not limited to, distribution licenses, are hereby revoked.
II. Until December 12, 2001, Louis Akhtab Haneef, also known as
Louis Sinclair Coleman, 2431 N.W. 7th Street, Pompano Beach, Florida
33069, and currently incarcerated at Federal Correctional Facility,
Register Number 28899-004, Post Office Box 888, Ashland, Kentucky
41105-0888, 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 Haneef 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 12, 2001.
VI. A copy of this Order shall be delivered to Haneef. This Order
shall be published in the Federal Register.
Dated: October 24, 1995.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 95-27214 Filed 11-2-95; 8:45 am]
BILLING CODE 3510-DT-M
