[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Notices]
[Page 31505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15744]
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DEPARTMENT OF COMMERCE
Action Affecting Export Privileges; Wolfgang Nothacker; Order
The Office of Export Enforcement, Bureau of Export Administration,
United States Department of Commerce (BXA), having notified Wolfgang
Nothacker (``Nothacker') 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. 1996)) (the Act),\1\ and the Export Administration
Regulations (15 CFR parts 768-799 (1995), as amended (61 FR 12714
(March 25, 1996)) (the Regulations),\2\ based on allegations that:
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\1\ The Act expired on August 20, 1994. Executive Order 12924 (3
CFR, 1994 Comp. 917 (1995)), extended by Presidential Notice of
August 15, 1995 (60 FR 42767, August 17, 1995), 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
the existing Regulations as 15 CFR Parts 768A-799A. In addition, the
March 25 Federal Register publication restructured and reorganized
the Regulation, designating them as an interim rule at 15 CFR Parts
730-774, effective April 24, 1996.
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1. Between January 1991 and December 1992, Nothacker conspired with
a U.S. company to ship U.S.-origin fuel pumps to Libya, knowing that
such shipments were prohibited by the Regulations, in violation of
section 787.3(b) of the Regulations; and
2. On three separate occasions, on or about January 31, 1991, April
3, 1991, and December 5, 1992, Nothacker caused, aided or abetted the
reexport of U.S.-origin fuel pumps to Libya without the required
reexport authorization, in violation of section 787.2 of the
Regulations; and
BXA and Nothacker 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 ten years from the date of this Order,
Nothacker 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 CFR 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 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.
Third, 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 a 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 a 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 have been or will be exported from the United States
and that is owned, possessed or controlled by a denied person, or
service any item, of whatever origin, that is owned, possessed or
controlled by a 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.
Fourth, 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.
Fifth, that as authorized by Sec. 766.18 of the Regulations, the
ten-year denial period set forth in paragraph SECOND above shall be
suspended for a period of nine years beginning one year from the date
of entry of this Order, and shall thereafter be waived, provided that:
i) during the period of suspension, Nothacker commits no violation of
the Act or any regulation, order or license issued thereunder; and ii)
Nothacker cooperates with BXA in connection with its investigation into
the transactions identified in the proposed Charging Letter, as agreed
by BXA and Nothacker.
Sixth, 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.
Seventh, 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 11th day of June 1996.
John Despres,
Assistant Secretary for Export Enforcement.
[FR Doc. 96-15744 Filed 6-19-96; 8:45 am]
BILLING CODE 3510-DT-M
