[Federal Register Volume 62, Number 119 (Friday, June 20, 1997)]
[Notices]
[Pages 33586-33587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16154]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Export Administration
McNeil International, 10 Eglinton Circle, Edinburgh, Scotland
EH12 5DE; Order Denying Permission to Apply For or Use Export Licenses
On August 22, 1996, McNeil International was convicted in the
United States District Court for the District of Massachusetts of
violating the International Emergency Economic Powers Act (50 U.S.C.A. Secs.
1701-1706 (1991 & Supp. 1997)) (IEEPA). McNeil International was
convicted of knowingly and willfully exporting, reexporting, diverting,
and transshipping computers and related equipment to Libya, in
violation of the embargo against Libya.
Section 11(h) of the Export Administration Act of 1979, as amended
(50 U.S.C.A. app. Secs. 2401-2420 (1991 & Supp. 1997)) (the Act),\1\
provides that, at the discretion of the Secretary of Commerce,\2\ no
person convicted of violating IEEPA, 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 Regulation (61 FR 12734-13041,
March 25, 1996, to be codified at 15 CFR Parts 730-774) (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.
---------------------------------------------------------------------------
\1\ The Act expired on August 20, 1994. Executive Order 12924 (3
CFR, 1994 Comp. 917 (1995)), extended by Presidential Notices of
August 15, 1995 (3 CFR, 1995 Comp. 501 (1996)) and August 14, 1996
(61 FR. 42527, August 15, 1996), continued the Export Administration
Regulations in effect under IEEPA.
\2\ Pursuant to appropriate delegations of authority, 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.
---------------------------------------------------------------------------
Pursuant to Sections 766.25 and 750.8(a) of the Regulations, upon
notification that a person has been convicted of violating IEEPA, 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 McNeil International's conviction for
violating IEEPA and following consultations with the Acting Director,
Office of Export Enforcement, I have decided to deny McNeil
International 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 this conviction.
The 10-year period ends on August 22, 2006. I have also decided to
revoke all licenses issued pursuant to the Act in which McNeil
International had an interest at the time of its conviction.
Accordingly, it is hereby
Ordered
I. Until August 22, 2006, McNeil International, 10 Eglinton Circle,
Edinburgh, Scotland EH12 5DE, may not, directly or indirectly,
participate in any way, in any transaction involving any commodity,
software or technology (hereinafter collectively referred to as
[[Page 33587]]
``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, 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. Obtained 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, 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 McNeil International 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-producted direct
product of U.S.-origin technology.
V. This Order is effective immediately and shall remain in effect
until August 22, 2006.
VI. A copy of this Order shall be delivered to McNeil
International. This Order shall be published in the Federal Register.
Dated: June 10, 1997.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 97-16154 Filed 6-19-97; 8:45 am]
BILLING CODE 3510-DT-M
