[Federal Register Volume 64, Number 61 (Wednesday, March 31, 1999)]
[Notices]
[Pages 15345-15346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7880]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Order Denying Permission To Apply for or Use Export Licenses;
Action Affecting Export Privileges; Harold J. Nicholson, Also Known as
``Nevil R. Strachey'' and as ``Batman''
In the Matter of: Harold J. Nicholson, also known as ``Nevil R.
Strachey'' and as ``Batman'' currently incarcerated at: Sheridan
Federal Correction Institute, Inmate Number 49535-083, 27072
Ballston Road, Sheridan, Oregon 97378, and with an address at: 1699
North Terry Sp 161, Eugene, Oregon 97492.
On June 5, 1997, Harold J. Nicholson, also known as ``Nevil R.
Strachey'' and as ``Batman'' (Nicholson), was convicted in the United
States District Court for the Eastern District of Virginia on one count
of violating Sections 794(a) and (c) of the Espionage Act (18 U.S.C.A.
Secs. 792-799 (1976 & Supp. 1998)). Nicholson was convicted of
unlawfully and knowingly combining, conspiring, confederating and
agreeing with other persons, both known and unknown, including officers
of the intelligence services of the Russian Federation, to knowingly
and unlawfully communicate, deliver, and transmit, and attempt to
communicate, deliver, and transmit, to representatives of a foreign
government, specifically the Russian Federation, directly or
indirectly, documents, photographic negatives and information relating
to the national defense of the United States, with the intent and
reason to believe that the same would be used to the injury of the
United States and to the advantage of the Russian Federation.
Section 11(h) of the Export Administration of 1979, as amended
(currently codified at 50 U.S.C.A. app. Secs. 2401-2420 (1991 & Supp.
1998)) the Act),\1\ provides that, at the discretion of the Secretary
of Commerce,\2\ no person convicted of violating Sections 793, 794, or
798 of the Espionage Act, or certain other provisions of the United
States Code, shall be eligible to apply for or use any license,
including any License Exception, issued pursuant to, or provided by,
the Act or the Export Administration Regulations (currently codified at
15 C.F.R. Part 730-774 (1998)) (the Regulations), for a period of up to
10 years from the date of the conviction. In addition, any license
issued pursuant to the Act in which such a person had any interest at
the time of conviction may be revoked.
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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 Notices of
August 15, 1995 (3 C.F.R., 1995 Comp. 501 (1996)), August 14, 1996
(3 C.F.R., 1996 Comp. 298 (1997)), August 13, 1997 (3 C.F.R., 1997
Comp. 306 (1998)), and August 13, 1998 (63 FR 44121, August 17,
1998), continued the Export Administration Regulations in effect
under the International Emergency Economic Powers Act (50 U.S.C.A.
Secs. 1701-1706 (1991 & Supp. 1998)).
\2\ Pursuant to appropriate delegations of authority that are
reflected in the Regulations, the Director, Office of Exporter
Services, in consultation with the Director, Office of Export
Enforcement, exercises the authority granted to the Secretary by
Section 11(h) of the Act.
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Pursuant to Sections 766.25 and 750.8(a) of the Regulations, upon
notification that a person has been convicted of violating Sections
793, 794, or 798 of the Espionage Act, the Director, Office of Exporter
Services, in consultation with the Director, Office of Export
Enforcement, shall determine whether to deny that person permission to
apply for or use any license, including any License Exception, issued
pursuant to, or provided by, the Act and the Regulations, and shall
also determine whether to revoke any license previously issued to such
a person.
Having received notice of Nicholson's conviction for violating
Sections 794(a) and (c) of the Espionage Act, and following
consultations with the Director, Office of Export Enforcement, I have
decided to deny Nicholson permission to apply for or use any license,
including any License Exception, 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 June 7, 2007. I have also
decided to revoke all licenses pursuant to the Act in which Nicholson
had an interest at the time of his conviction.
Accordingly, it is hereby
Ordered
I. Until June 7, 2007, Harold J. Nicholson, also known as ``Nevil
R. Strachey'' and as ``Batman,'' currently incarcerated at: Sheridan
Federal Correction Institute, Inmate Number 49535-083, 27072 Ballston
Raod, Sheridan, Oregon 97378, and with an address at: 1699 North Terry
Sp 161, Eugene, Oregon 97492, 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. Apply for, obtaining, or using any license, License Exception,
or export control document;
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 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.
II. 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 which 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,
[[Page 15346]]
maintenance, repair, modification or testing.
III. After notice and opportunity for comment as provided in
Section 766.23 of the Regulations, any person, firm, corporation, or
business organization related to Nicholson 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. 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.
V. This Order is effective immediately and shall remain in effect
until June 7, 2007.
VI. A copy of this Order shall be delivered to Nicholson. This
Order shall be published in the Federal Register.
Dated: March 23, 1999.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 99-7880 Filed 3-30-99; 8:45 am]
BILLING CODE 3510-DT-M
