[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Notices]
[Pages 34633-34634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16267]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; Kenneth Broder; Order
Amending the Order Denying Permission To Apply for or Use Export
Licenses
In the Matter of: Kenneth Broder, Calle Rafael Agusto Sanchez
No. 22 Torre, Don Roberto Ens. Piantini, Apartado (Post Office Box)
30298, Santo Domingo, Dominican Republic.
On February 2, 1999, I entered an order against Kenneth Broder
(Broder) denying his export privileges until February 2, 2007, based
upon his February 2, 1998, conviction in the United States District
Court for the Southern District of Florida of violating the
International Emergency Economic Powers Act (50 U.S.C.A.
Sec. Sec. 1701-1706 (1991 & Supp. 1999)) (IEEPA). The Order was issued
under the authority of Section 11(h) of the Export Administration Act
of 1979, as amended (currently codified at 50 U.S.C.A. app.
Sec. Sec. 2401-2420 (1991 & Supp. 1999)) (the Act),\1\ and Sections
766.25 and 750.8(a) of the Export Administration Regulations (currently
codified at 15 CFR Parts 730-774 (1999)) (the Regulations).
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\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)), August 14 1996 (3
CFR, 1996 Comp. 298 (1997)), August 13, 1997 (3 CFR, 1997 Comp. 306
(1998)), and August 13, 1998 (3 CFR, 1998 Comp. 294 (1999)),
continued the Export Administration Regulations in effect under
IEEPA.
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On March 19, 1999, Broder, through counsel, filed an appeal from
the Order with the Under Secretary for Export Administration (Under
Secretary), pursuant to Part 756 of the Regulations. On June 10, 1999,
the Under Secretary issued his final decision on that appeal and
granted partial relief from the terms of the Order by allowing Border
to participate in transactions involving EAR99 items for use or
consumption in the Dominican Republic. In order to give effect to his
decision, the Under Secretary directed that I amend my February 2, 1999
Order to suspend its application to EAR99 items that are exported or
reexported to the Dominican Republic by Broder or on his behalf for use
or consumption there.
Accordingly, the February 2, 1999 Order is hereby amended to read
as follows:
Ordered
I. Until February 2, 2007, Kenneth Broder, Calle Rafael Agusto
Sanchez No. 22 Torre, Don Roberto Ens. Piantini, Apartado (Post Office
Box) 30298, Santo Domingo, Dominican Republic, 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 Untied 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:
[[Page 34634]]
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, 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 Broder by affiliation, ownership,
control, or position of responsibility in the conduct of trade or
related services may also be subject to the provision 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. As directed by the Under Secretary in his decision on Broder's
appeal, all of the provisions denying Broder's export privileges set
forth above are suspended with respect to Broder's participation,
directly or indirectly, in any transaction involving any item
classified as EAR99 that is exported or reexported to the Dominican
Republic for use or consumption therein, from the date of entry of this
order until February 2, 2007, and shall thereafter be waived, provided
that, during the period of suspension, Broder has committed no
violation of the Act, or any regulation, order, or license thereunder.
VI. This Order is effective immediately and shall remain in effect
until February 2, 2007.
VII. A copy of this Order shall be delivered to Broder. This Order
shall be published in the Federal Register.
Dated: June 18, 1999.
Hillary Hess,
Acting Director, Office of Exporter Services.
[FR Doc. 99-16267 Filed 6-25-99; 8:45 am]
BILLING CODE 3510-DT-M
