[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Notices]
[Pages 62384-62385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29683]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; James L. Stephens
In the matter of: James L. Stephens, President, Weisser's
Sporting Goods, 1018 National City Boulevard, National City,
California 92050, with an address at 16208 Orchard Bend Road, Poway,
California 92064, Respondent.
Order
The Office of Export Enforcement, Bureau of Export Administration,
United States Department of Commerce (hereinafter, the ``Department'',
having notified James L. Stephens, in his capacity as president of
Weisser's Sporting Goods (hereinafter, ``Stephens''), 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. 1995)) (hereinafter, the
``Act''),\1\ and Part 788 of the Export Administration Regulations
(currently codified at 15 CFR Parts 768-799 (1995)) (hereinafter, the
``Regulations''),\2\ based on allegations that:
\1\The Act expired on August 20, 1994. Executive Order 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 & Supp. 1994)) (hereinafter ``IEEPA'').
Executive Order 12924 was extended by Presidential Notice of August
15, 1995 (60 FR 42767, August 17, 1995).
\2\The Regulations governing the violations at issue are found
in the 1990 version of the Code of Federal Regulations. Those
Regulations are codified at 15 CFR Parts 768-799 (1990). Between
October 1, 1990 and March 27, 1993, the Regulations were continued
in effect by Executive Order No. 12730 (55 FR 40373, October 2,
1990), issued pursuant to IEEPA.
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1. Between mid-1990 and early 1992, Stephens conspired with Karl
Cording, individually and doing business as A. Rosenthal (PTY) Ltd.,
Windhoek, Namibia, with offices in Linden, South Africa and Cape Town,
South Africa, and Ian Ace, manager of A. Rosenthal, Cape Town, South
Africa, to export U.S.-origin shotguns, from the United States to
Namibia and South Africa, without applying for and obtaining from the
Department the validated export licenses that the Stephens knew were
required by Section 772.1(b) of the Regulations, in violation of
Section 787.3(b) of the Regulations;
2. In furtherance of the conspiracy described above, on two
separate occasions on or about November 27, 1990, Stephens exported
U.S.-origin shotguns, from the United States to Namibia and South
Africa, without obtaining from the Department the validated export
licenses Stephens knew or had reason to know were required by Section
772.1(b) of the Regulations, in violation of Sections 787.4(a) and
787.6 of the Regulations; and
3. In furtherance of the conspiracy described above, on two
separate occasions on or about November 27, 1990, Stephens made false
or misleading representations of material fact to a U.S. agency in
connection with the preparation, submission, or use of export control
documents, in violation of Section 787.5(a) of the Regulations; and
[[Page 62385]]
The Department and Stephens having entered into a Consent Agreement
whereby the Department and Stephens 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,
First, that a civil penalty of $60,000 shall be assessed against
Stephens, $10,000 of which shall be paid to the Department on or before
January 5, 1996, and the remaining $50,000 to be paid in four equal
installments of $12,500 each, the first of which is due on or before
March 29, 1996; the second, on or before June 28, 1996; the third, on
or before September 27, 1996; and the fourth, on or before December 27,
1996. Payment shall be made in a manner specified in the attached
instructions.
Second, James L. Stephens, President, Weisser's Sporting Goods,
1018 National City Boulevard, National City, California 92050, with an
address at 16208 Orchard Bend Road, Poway, California 92064, shall, for
a period of 15 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
Stevens 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 Stevens'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 Section
788.3(c) of the Regulations, any person, firm, corporation, or business
organization related to Stephens 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 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 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.
Dated: November 27, 1995.
John Despres,
Assistant Secretary for Export Enforcement.
[FR Doc. 95-29683 Filed 12-5-95; 8:45 am]
BILLING CODE 3510-DT-M
