[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Pages 38436-38437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18797]
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DEPARTMENT OF COMMERCE
Export Administration Bureau
[Docket Nos. AB3-95; AB2-95]
In the Matters of: Serfilco, Ltd. and Jack H. Berg, Respondents;
Order Amending June 10, 1996 Order
On June 10, 1996, I issued a Final Decision and Order (hereinafter,
the ``Final Decision'') affirming the findings of the Administrative
Law Judge (hereinafter, ``ALJ''), that Serfilco, Ltd. and the company's
president, Jack H. Berg, each committed violations of the antiboycott
provisions of the Export Administration Regulations (15 CFR 768-799
(1996), as amended (61 FR 12714, March 25, 1996)) \1\ (hereinafter, the
``Regulations''). In that Final Decision, I, inter alia, affirmed the
ALJ's denial, for one year, of each Respondent's export privileges to
Bahrain, Iraq, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia,
Syria, the United Arab Emirates, and the Republic of Yemen.
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\1\ The March 25, 1996 Federal Register publication redesignated
the existing Regulations as 15 CFR Parts 768A-799A. In addition, the
March 25, 1996 Federal Register publication restructured and
reorganized the Regulations, designating them as an interim rule at
15 CFR Parts 730-774, effective April 24, 1996.
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The Final Decision did not fully set forth the scope and breath of
the denial of export privileges imposed on the Respondents. Pursuant to
a motion filed by the Department requesting that I amend the Final
Decision to include a recitation of the specific terms and conditions
of the denials, I am issuing this Order which will clarify the manner
in which the denials are to operate. The terms and conditions imposed
by this Order are based on the Supplement No. 1 of Section 764 of the
Regulations. Accordingly, the June 10, 1996 Final Decision is amended
by adding the following after the last sentence of Section V of the
decision:
Terms and Conditions of the Export Denials
First, that until June 10, 1997, Serfilco, Ltd., 1777 Shermer Road,
Northbrook, Illinois, 60062-5360, and Jack H. Berg, with an address at
Serfilco, Ltd., 1777 Shermer Road, Northbrook, Illinois 60062-5360, 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 to Bahrain, Iraq, Kuwait, Lebanon, Libya, Oman,
Qatar, Saudi Arabia, Syria, the United Arab Emirates, or the Republic
of Yemen, 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,\2\ License
Exception, or export control document;
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\2\ 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.
Second, that no person may, directly or indirectly, do any of the
following:
A. Export or reexport to or on behalf of either of the denied
persons any item subject to the Regulations from the United States to
Bahrain, Iraq, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia,
Syria, the United Arab Emirates, or the Republic of Yemen;
B. Take any action that facilitates the acquisition or attempted
acquisition by either of the denied persons of the ownership,
possession, or control of any item subject to the Regulations that has
been or will be exported from the United States to Bahrain, Iraq,
Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia, Syria, the United
Arab Emirates, or the Republic of Yemen, 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 either of the denied persons of any item
subject to the Regulations that has been exported from the United
States to Bahrain, Iraq, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi
Arabia, Syria, the United Arab Emirates, or the Republic of Yemen;
D. Obtain from either of the denied persons 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 to Bahrain, Iraq, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi
Arabia, Syria, the United Arab Emirates, or the Republic of Yemen; 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 to
Bahrain, Iraq, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia,
Syria, the United Arab Emirates, or the Republic of Yemen, and which is
owned, possessed or controlled by a denied person, or service any item,
of whatever origin, that is owned, possessed or controlled by either of
the denied persons 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.
Third, that, after notice and opportunity for comment as provided
in Sec. 766.23 of the Regulation, any person, firm, corporation, or
business organization related to either of the denied persons 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.
Fourth, that this Order does not prohibit any export, reexport, or
other
[[Page 38437]]
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.
Fifth, that a copy of this Order shall be served on the Department,
Serfilco, Ltd., and Jack H. Berg, and published in the Federal
Register.
Entered this 17th day of July, 1996.
William A. Reinsch,
Under Secretary for Export Administration.
[FR Doc. 96-18797 Filed 7-23-96; 8:45 am]
BILLING CODE 3510-DT-M
