[Federal Register Volume 59, Number 93 (Monday, May 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11821]
[[Page Unknown]]
[Federal Register: May 16, 1994]
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DEPARTMENT OF COMMERCE
Action Affecting Export Privileges; Grimm DePanicis; Order
Denying Permission to Apply for or Use Export Licenses
In the matter of Grimm DePanicis, 529 East 7th Avenue, Mount
Dora, Florida 32757.
On June 24, 1991, Grimm DePanicis (hereinafter referred to as
``DePanicis'') was convicted in the U.S. District Court for the Eastern
District of New York of, among other crimes, one count of violating the
Arms Export Control Act (22 U.S.C.A. 2778 (1990, Supp. 1993)) (the
``AECA''), for exporting firearms and ammunition to Iraq without
obtaining the required licenses or written approval from the U.S.
Department of State. Section 11(h) of the Export Administration Act of
1979, as amended (50 U.S.C.A. app. Secs. 2401-2420 (1991), Supp. 1993,
and Public Law No. 103-10, March 27, 1993)) (the ``EAA''), provides
that, at the discretion of the Secretary of Commerce,\1\ no person
convicted of violating the AECA, 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 EAA or the Export
Administration Regulations (currently codified at 15 CFR parts 768-799
(1993)) (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 EAA in which such a person had any interest at the time of his
conviction may be revoked.
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\1\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 EAA.
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Pursuant to Secs. 770.15 and 772.1(g) of the Regulations, upon
notification that a person has been convicted of violating the AECA,
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 EAA and the Regulations and shall also
determine whether to revoke any export license previously issued to
such a person. Having received notice of DePanicis' conviction for
violating the AECA, and following consultations with the Director,
Office of Export Enforcement, I have decided to deny DePanicis
permission to apply for or use any export license, including any
general license, issued pursuant to, or provided by, the EAA and the
Regulations, for a period of 10 years from the date of his conviction.
The 10-year period ends on June 24, 2001. I have also decided to revoke
all export licenses issued pursuant to the EAA in which DePanicis had
an interest at the time of his conviction.
Accordingly, it is hereby
Ordered
I. All outstanding individual validated licenses in which DePanicis
appears or participated, in any manner or capacity, are hereby revoked
and shall be returned forthwith to the Office of Export Licensing for
cancellation. Further, all of DePanicis' privileges of participating,
in any manner or capacity, in any special licensing procedure,
including, but not limited to, distribution licenses, are hereby
revoked.
II. Until June 24, 2001, Grimm DePanicis, 529 East 7th Avenue,
Mount Dora, Florida 32757, 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 in 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
Sec. 770.15(h) of the Regulations, any person, firm, corporation, or
business organization related to DePanicis 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 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 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 June 24, 2001.
VI. A copy of this Order shall be delivered to Grimm DePanicis.
This Order shall be published in the Federal Register.
Dated: May 4, 1994.
Eileen M. Albanese,
Acting Director, Office of Export Licensing.
[FR Doc. 94-11821 Filed 5-13-94; 8:45 am]
BILLING CODE 3510-DT-M
