[Federal Register Volume 64, Number 144 (Wednesday, July 28, 1999)]
[Notices]
[Pages 40824-40825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19215]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; Kurt Alan Stand, Also Known
as Ken, Junior, and Alan David Jackson; Order Denying Permission To
Apply for or Use Export Licenses
On January 22, 1999, Kurt Alan Stand, also known as Ken, Junior,
and Alan David Jackson (Stand), was convicted in the United States
District Court for the Eastern District of Virginia of violating
Sections 793(b) and 794(a) and (c) of the Espionage Act (18 U.S.C.A.
Secs. 792-799 (1976 & Supp. 1999)). Specifically, Stand was convicted
of: (1) 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; (2)
knowingly and unlawfully attempting to communicate, deliver, and
transmit classified secret documents pertaining to the national defense
of the United States, directly or indirectly, from the Pentagon, with
reason to believe that they were to be used to the injury of the United
States and to the advantage of the Republic of South Africa; (3) and of
knowingly and unlawfully copying, making, taking, and obtaining
classified secret documents and writings connected with the national
defense of the United States, directly or indirectly, from the
Pentagon, with reason to believe that they were to be used to the
injury of the United States.
Section 11(h) of the Export Administration Act of 1979, as amended
(currently codified at 50 U.S.C.A. app. Secs. 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. Secs. 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 Stand's conviction for violating Sections
793(b) and 794(a) and (c) of the Espionage Act, and following
consultations with the Director, Office of Export Enforcement, I have
decided to deny Stand 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 January 22, 2009. I have
also decided to revoke all licenses issued pursuant to the Act in which
Stand had an interest at the time of his conviction.
Accordingly, it is hereby Ordered:
I. Until January 22, 2009, Kurt Alan Stand, also known as Ken,
Junior, and Alan David Jackson, currently incarcerated at: Federal
Transfer Center, Register #422-89-083, P.O. Box 898801, Oklahoma City,
Oklahoma 73189-8801, and with an address at: 3809 13th Street, NE.,
Washington, DC 20017, 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 facilities 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,
[[Page 40825]]
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 Stand 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 January 22, 2009.
VI. A copy of this Order shall be delivered to Stand. This Order
shall be published in the Federal Register.
Dated: July 19, 1999.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 99-19215 Filed 7-27-99; 8:45 am]
BILLING CODE 3510-DT-M
