[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Notices]
[Pages 34508-34509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16222]
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DEPARTMENT OF COMMERCE
[Docket No. 1107-03]
Decision and Order
In the Matter of: Samata S.A., Apartment 87, Route de Bougy 1170,
Aubonne, Vaud, 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 Samata S.A. (Samata)
alleging that Samata violated Sections 787.2, 787.4(a), and 787.6 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, Samata disposed of U.S.-origin
commodities contrary to the terms of a distribution license, in
violation of Section 787.6 of the Regulations;
(2) With respect to each of the 15 exports described above, Samata
transferred the U.S.-origin commodities to third parties with knowledge
or reason to know that those transfers were being made contrary to a
prior representation Samata made to the Department, in violation of
Section 787.4(a) of the Regulations; and
(3) With respect to each of the 15 exports described above, Samata
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.
Samata 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 Samata 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 Administration Law Judge having recommended that I approved 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
Samata S.A. 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 Samata'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, Samata S.A., Apartment 87, Route de Bougy 1170, Aubonne,
Vaud, Switzerland, and all its successors and assigns, and officers,
representatives, agents, and employees, 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 reexport authorization, or
any document to be submitted therewith; (iii) in obtaining from the
Department or 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,
[[Page 34509]]
firm, corporation, or business organization related to Samata 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: (i) Apply for, obtain, or use any license, Shipper's Export
Declaration, bill of lading, or other export control document relating
to an export or reexport of commodities or technical data 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.
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 Samata 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.
William A. Reinsch,
Under Secretary for Export Administration.
[FR Doc. 95-16222 Filed 6-30-95; 8:45 am]
BILLING CODE 3510-DT-M
