[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: 94-11823]
[[Page Unknown]]
[Federal Register: May 16, 1994]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; Solomon Schwartz
Order Denying Permission to Apply for or Use Export Licenses
In the matter of: Solomon Schwartz, Number 2 Hillside Terrace,
Suffern, New York 10901.
On January 29, 1992, Solomon Schwartz (hereinafter referred to as
``Schwartz'') was convicted in the U.S. District Court for the Eastern
District of New York of, among other crimes, four counts of violating
the Arms Export Control Act (22 U.S.C.A. Sec. 2778 (1990, Supp. 1993))
(the ``AECA''), for exporting night vision devices to Argentina and the
Soviet Union, and for exporting firearms and ammunition to Iraq and
Poland, 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 Pub. L. 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 Schwartz's conviction for
violating the AECA, the following consultations with the Director,
Office of Export Enforcement, I have decided to deny Schwartz
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 January 29, 2002. I have also decided to
revoke all export licenses issued pursuant to the EAA in which Schwartz
had an interest at the time of his conviction.
Accordingly, it is hereby
Ordered
I. All outstanding individual validated licenses in which Schwartz
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 Schwartz's 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 January 29, 2002, Solomon Schwartz, Number 2, Hillside
Terrace, Suffern, New York 10901, 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 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 Schwartz 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 January 29, 2002.
VI. A copy of this Order shall be delivered to Solomon Schwartz.
This Order shall be published in the Federal Register.
Date: May 4, 1994.
Eileen M. Albanese,
Acting Director, Office of Export Licensing.
[FR Doc. 94-11823 Filed 5-13-94; 8:45 am]
BILLING CODE 3510-DT-M
