[Federal Register Volume 64, Number 144 (Wednesday, July 28, 1999)]
[Notices]
[Pages 40818-40819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19214]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Order Denying Permission To Apply For or Use Export Licenses
Action Affecting Export Privileges; James Michael Clark, also
known as Brother Michael, Jack, Christopher Michael Glanz, Edward,
and The Professor.
In the Matter of: James Michael Clark, also known as Brother
Michael, Jack, Christopher Michael Glanz, Edward, and The Professor;
currently incarcerated at: Federal Correctional Institution,
Register #422-87-083, River Road, P.O. Box 1000, Petersburg,
Virginia 23804; and with an address at: 904 prospect Avenue, Takoma,
Maryland 20912.
On December 4, 1998, James Michael Clark, also known as Brother
Michael, Jack, Christopher Michael Glanz, Edward, and The Professor
(Clark), was convicted in the United States District
[[Page 40819]]
Court for the Eastern District of Virginia of violating Sections 794
(a) and (c) of the Espionage Act (18 U.S.C.A. 792-799 (1976 & Supp.
1999)). Specifically, Clark was convicted of unlawfully and knowingly
combining, conspiring, confederating and agreeing with other persons,
both known and unknown, to knowingly and unlawfully communicate,
deliver, and transmit writings and information relating to the national
defense of the United States, with intent and reason to believe that
the same would be used to the injury of the United States and to the
advantage of the following governments: the German Democratic Republic,
the Union of Soviet Socialist Republics, the Russian Federation and the
Republic of South Africa.
Section 11(h) of the Export Administration Act of 1979, as amended
(currently codified at 50 U.S.C.A. app. 2401-2420 (1991 & Supp. 1999))
(the Act),\1\ provides that, at the discretion of the Secretary of
Commerce,\2\ no person convicted of violating Sections 793, 794, or 798
of the Espionage Act, 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 Regulations (currently codified at 15 CFR Parts
730-774 (1999)) (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.
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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 the
International Emergency Economic Powers Act (50 U.S.C.A. 1701-1706
(1991 & Supp. 1999)).
\2\ Pursuant to appropriate delegations of authority that are
reflected in the Regulations, 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.
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Pursuant to Sections 766.25 and 750.8(a) of the Regulations, upon
notification that a person has been convicted of violating Sections
793, 794, or 798 of the Espionage Act, 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 Clark's conviction for violating Section
794 (a) and (c) of the Espionage Act, and following consultations with
the Director, Office of Export Enforcement, I have decided to deny
Clark 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 his conviction.
The 10-year period ends on December 4, 2008. I have also decided to
revoke all licenses issued pursuant to the Act in which Clark had an
interest at the time of his conviction.
Accordingly, it is hereby ordered:
I. Until December 4, 2008, James Michael Clark, also known as
Brother Michael, Jack, Christopher Michael Glanz, Edward, and The
Professor, currently incarcerated at: Federal Correctional Institution,
Register # 422-87-083, River Road, P.O. Box 1000, Petersburg, Virginia
23804, and with an address at: 904 Prospect Avenue, Takoma, Maryland
20912, 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, 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. 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 Clark 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-produced direct
product of U.S.-origin technology.
V. This Order is effective immediately and shall remain in effect
until December 4, 2008.
VI. A copy of this Order shall be delivered to Clark. This Order
shall be published in the Federal Register.
Dated: July 19, 1999.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 99-19214 Filed 7-27-99; 8:45 am]
BILLING CODE 3510-DT-M
