95-16221. Decision and Order  

  • [Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
    [Notices]
    [Pages 34507-34508]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-16221]
    
    
    
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    DEPARTMENT OF COMMERCE
    [Docket No. 1107-05]
    
    
    Decision and Order
    
        In the matter of: Julia Freedman Rue De Vieux-Marche 3, Byron, 
    Switzerland, Respondent.
    
        On August 27, 1991, the Office of Export Enforcement Bureau of 
    Export Administration, United States Department of Commerce 
    (Department), issued a Charging Letter against Julia Freedman 
    (Freedman) alleging that Freedman violated Section 787.2 of the Export 
    Administration Regulations (currently codified at 15 CFR Parts 768-799 
    (1995)) (the Regulations), issued pursuant to Section 13(c) of the 
    Export Administration Act of 1979, as amended (50 U.S.C.A. app. 
    Secs. 2401-2420 (1991, Supp. 1993, and Pub. L. No. 103-277, July 5, 
    1994)) (the Act).\1\ The Charging Letter alleged that:
    
        \1\ The Act expired on August 20, 1994. Executive Order No. 
    12924 (59 FR 43437, August 23, 1994) continued the Regulations in 
    effect under the International Emergency Economic Powers Act (50 
    U.S.C.A. Secs. 1701-1706 (1991)).
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        (1) On 15 separate occasions between on or about August 27, 1986 
    through on or about July 29, 1987, Freedman caused or induced another 
    person to make false statements of material fact to a U.S. agency in 
    connection with the preparation submission, or use of an export control 
    document, in violation of Section 787.2 of the Regulations.
        Freedman cooperated with the Department in its investigation into 
    the matters alleged in the Charging Letter and answered the Charging 
    Letter, denying the allegations set forth therein. After the Answer was 
    filed, the Department and Freedman entered into a Consent Agreement 
    pursuant to Section 787.17(a) of the Regulations whereby they agreed to 
    settle this matter in accordance with the terms and conditions set 
    forth therein;
        The Administrative Law Judge having recommended that I approve the 
    terms of the Consent Agreement; and
        After reading and approving those terms;
        It is therefore ordered,
        First, all outstanding individual validated licenses in which Julia 
    Freedman appears or participates, in any manner or capacity, are hereby 
    revoked and shall be returned forthwith to the Office of Exporter 
    Services for cancellation. Further, all of Freedman's privileges of 
    participating, in any manner or capacity, in any special licensing 
    procedure, including, but not limited to, distribution licenses, are 
    hereby revoked.
        Second, Julia Freedman, Rue De Vieux-Marche 3, Byon, Switzerland, 
    shall, for a period of ten years from the date of this Order, be denied 
    all privileges of participating, directly or indirectly, in any manner 
    or capacity, in any transaction in the United States or abroad 
    involving any commodity or technical data exported or to be exported 
    from the United States, and subject to the Regulations.
        A. Without limiting the generality of the foregoing, participation, 
    either in the United States or abroad, shall include participation, 
    directly or indirectly, in any manner or capacity: (i) As a party or as 
    a representative of a party to any export license application submitted 
    to the Department; (ii) in preparing or filing with the Department any 
    export license application or request for 
    
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    reexport authorization, or any document to be submitted therewith; 
    (iii) in obtaining from the Department of using any validated or 
    general export license reexport authorization, or other export control 
    document; (iv) in carrying on negotiations with respect to, or in 
    receiving, ordering, buying, selling, delivering, storing, using, or 
    disposing of, in whole or in part, any commodities or technical data 
    exported or to be exported from the United States and subject to the 
    Regulations; and (v) in financing, forwarding, transporting, or other 
    servicing of such commodities or technical data.
        B. After notice and opportunity for comment as provided in Section 
    788.3(c) of the Regulations, any person, firm, corporation, or business 
    organization related to Freedman 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.
        C. As provided by Section 787.12(a) of the Regulations, without 
    prior disclosure of the facts to and specific authorization of the 
    Office of Exporter Services, in consultation with the Office of Export 
    Enforcement, no person may directly or indirectly, in any manner or 
    capacity: (1) Apply for, obtain or use any license, Shipper's Export 
    Declaration, bill or lading, or other export control document relating 
    to any export or reexport of commodities or technical date by, to, or 
    for another person then subject to an order revoking or denying his 
    export privileges or then excluded from practice before the Bureau of 
    Export Administration; or (ii) order, buy, receive, use, sell, deliver, 
    store, dispose of, forward, transport, finance, or otherwise service or 
    participate: (a) in any transaction which may involve any commodity or 
    technical data exported or to be exported from the United States; (b) 
    in any reexport thereof; or (c) in any other transaction which is 
    subject to the Export Administration Regulations, if the person denied 
    export privileges may obtain any benefit or have any interest in, 
    directly or indirectly, any of these transactions.
        D. As authorized by Sections 788.16 and 788.17 of the Regulations, 
    the denial period shall be suspended for a period of seven years 
    beginning three years from the data of entry of this Order, and shall 
    thereafter be waived, provided that, during the period of suspension, 
    Freedman commits no violation of the Act or any regulation, order or 
    license issued thereunder.
        Third, That the Charging Letter, the Answer, the Consent Agreement, 
    and this Order shall be made available to the public. A copy of this 
    Order shall be served on the Department and Freedman and published in 
    the Federal Register.
        This Order, which constitutes the final agency action in this 
    matter, is effective immediately.
    
        Entered this 26th day of June, 1995.
    [FR Doc. 95-16221 Filed 6-30-95; 8:45 am]
    BILLING CODE 3510-DT-M
    
    

Document Information

Published:
07/03/1995
Department:
Commerce Department
Entry Type:
Notice
Document Number:
95-16221
Pages:
34507-34508 (2 pages)
Docket Numbers:
Docket No. 1107-05
PDF File:
95-16221.pdf