[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31154]
[[Page Unknown]]
[Federal Register: December 19, 1994]
VOL. 59, NO. 242
Monday, December 19, 1994
DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; Rajeev Sharma, Individually
and Formerly Doing Business as Libra Electronics, Inc.
In the Matter of: Rajeev Sharma, individually and formerly doing
business as Libra Electronics, Inc.; Respondent.
Order
The Office of Export Enforcement, Bureau of Export Administration,
United States Department of Commerce (Department), having notified
Rajeev Sharma, individually and formerly doing business as Libra
Electronics, Inc. (hereinafter collectively referred to as Sharma), of
its intention to initiate an administrative proceeding against him
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\ and Part 788 of the Export
Administration Regulations (the Regulations), based on allegations
that, on four separate occasions between approximately May 4, 1988 and
approximately July 13, 1988, Sharma exported U.S.-origin computers and
accessories from the United States to Australia, without obtaining the
validated licenses required by Section 772.1(b) of the Regulations;
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\1\The Act expired on August 20, 1994. Executive Order 12934 (59
FR 43437 (1994)) continued the Export Administration Regulations
(currently codified at 15 CFR Parts 768-799 (1994)) in effect under
the International Emergency Economic Powers Act (50 U.S.C.A.
Secs. 1701-1706 (1991)).
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The Department and Sharma having entered into a Consent Agreement
whereby the Department and Sharma have agreed to settle this matter in
accordance with the terms and conditions set forth therein and the
terms of the Consent Agreement having been approved by me;
It is therefore ordered, that, first, a civil penalty of $20,000 is
assessed against Sharma. Payment of the $20,000 civil penalty shall be
suspended in its entirety for a period of two years beginning on the
date of entry of this Order, and shall thereafter be waived provided
that, during the period of suspension, Sharma has committed no
violation of the Act or any regulation, order, or license issued under
the Act.
Second, Rajeev Sharma, individually and formerly doing business as
Libra Electronics, Inc., 5255 Via Cartagena, Yorba Linda, California
92687, shall, for a period of two years from the date of entry 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. All outstanding individual validated export licenses in which
Sharma 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 Sharma's privileges of
participating, in any manner or capacity, in any special licensing
procedure, including, but not limited to, distribution licenses, are
hereby revoked.
B. 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.
C. After notice and opportunity for comment as provided in
Sec. 788.3(c) of the Regulations, any person, firm, corporation, or
business organization related to Sharma 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.
D. As provided by Sec. 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 Regulations, if the person denied export privileges may
obtain any benefit or have any interest in, directly or indirectly, any
of these transactions.
Third, the proposed Charging Letter, the Consent Agreement and this
Order shall be made available to the public, and this Order shall be
published in the Federal Register.
This Order is effective immediately.
Entered this 9th day of December, 1994.
John Despres,
Assistant Secretary for Export Enforcement.
[FR Doc. 94-31154 Filed 12-16-94; 8:45 am]
BILLING CODE 3510-DT-M
