[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Notices]
[Pages 68226-68227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32906]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; Doornbos, GMBH
In the matter of: Doornbos, GMBH, Emscherstrasse 4, 42697
Solingen, Germany, Respondent.
Order
The Office of Export Enforcement, Bureau of Export Administration,
United States Department of Commerce (BXA), having notified Doornbos,
GmbH (Doornbos) of its intention to initiate an administrative
proceeding against it 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. 1996)) (the Act),\1\ and the Export Administration
Regulations (currently codified at 15 C.F.R. Parts 768-799 (1996), as
amended (61 FR 12714 (March 25, 1996)) (the Regulations),\2\ based on
allegations that Doornbos violated the provisions of Sections 787.2,
787.3(b), 787.4(a) and 787.5(a) as follows:
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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 Notice on
August 15, 1995 (3 C.F.R., 1995 Comp. 501 (1996)), and extended
again on August 14, 1996 (61 Fed. Reg. 42527, August 15, 1996),
continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C.A. Secs. 1701-1706 (1991 &
Supp. 1996)).
\2\ The March 25, 1996 Federal Register publication
redesignated, but did not republish, the existing Regulations as 15
C.F.R. Parts 768A-799A. In addition, the March 25 Federal Register
publication restructured and reorganized the Regulations,
designating them as an interim rule at 15 C.F.R. Parts 730-774,
effective April 24, 1996.
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1. between on or about May 1, 1991 and on or about June 15, 1995,
Doornbos conspired with Helmut Korelski and others to evade U.S. export
control laws that restricted exports to Libya by acquiring various
equipment from several companies in the United States, representing
that the equipment was for use in Germany, then selling the U.S.-origin
equipment to the Dong Ah Consortium for use in the Great Man Made River
Project in Libya, transporting it to Libya through the Netherlands and/
or Germany, without applying for and obtaining the export
authorizations that the conspirators knew or had reason to know were
required by Section 772.1 of the Regulations, in violation of Section
787.3(b) of the Regulations;
2. in furtherance of the conspiracy described above, between on or
about May 1, 1991 and on or about June 15, 1995, Doornbos caused, aided
or abetted the export of U.S.-origin equipment from the United States,
through the Netherlands and/or Germany, to Libya for use in the Great
Man Made River Project, without applying for and obtaining the export
authorizations that Doornbos knew or had reason to know were required
by Section 772.1 of the Regulations, in violation of Sections 787.2 and
787.4(a) of the Regulations; and
3. in furtherance of the conspiracy described above, between on or
about May 1, 1991 and on or about June 15, 1995, Doornbos caused to be
filed with the U.S. Customs Service Shipper's Export Declarations
containing false and misleading misrepresentations of material fact, in
violation of Section 787.5(a) of the Regulations;
BXA and Doornbos having entered into a Settlement Agreement
pursuant to Section 766.18(a) of the Regulations whereby they agreed to
settle this matter in accordance with the terms and conditions set
forth therein, and the terms of the Settlement Agreement having been
approved by me;
It is therefore Ordered:
First, that, for a period of four years from the date of this
Order, Doornbos and all of its successors or assigns, and all of its
officers, representatives, agents, and employees when acting for or on
behalf of Doornbos, 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,\3\ License
Exception, or export control document;
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\3\ For purposes of this Order, ``license'' includes any general
license established in 15 C.F.R. Parts 768A-799A.
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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
[[Page 68227]]
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.
Second, that 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 that 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.
Third, that, after notice and opportunity for comment as provided
in Sec. 766.23 of the Regulations, any person, firm, corporation, or
business organization related to the denied person by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services may also be made subject to the provisions of
this Order.
Fourth, that 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.
Fifth, that the proposed Charging Letter, the Settlement Agreement,
and this Order shall be made available to the public. A copy of this
Order shall be published in the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effective immediately.
Entered this 18th day of December, 1996.
Frank W. Deliberti,
Acting Assistant Secretary for Export Enforcement.
[FR Doc. 96-32906 Filed 12-26-96; 8:45 am]
BILLING CODE 3510-DT-M
