[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Notices]
[Pages 34509-34510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16223]
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DEPARTMENT OF COMMERCE
[Docket No. 1107-02]
Decision and Order
In the Matter of: Robert J. Wheeler, 97 Templar Place, Oakland,
California 94618, 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 Robert J. Wheeler
(Wheeler) alleging that Wheeler violated Sections 787.4(a),
787.5(a)(1)(ii), 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. 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, Wheeler exported U.S.-origin
commodities contrary to the terms of distribution license, in violation
of Section 787.6 of the Regulations;
(2) In connection with the 15 exports described above, Wheeler made
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 787.5(a)(1)(ii) of the Regulations; and
(3) With respect to each of the 15 exports described above, Wheeler
made the exports with knowledge or reason to know that the exports were
being made contrary to a prior representation Wheeler made to the
Department, in violation of Section 787.4(a) of the Regulations.
Wheeler answered the Charging Letter, denying the allegations set
forth therein. After the Answer was filed, the Department and Wheeler
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 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
Robert J. Wheeler 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 Wheeler'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, Robert J. Wheeler, 97 Templar Place, Oakland, California
94618, 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 directly, 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, firm, corporation, or business
organization related to Wheeler 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
[[Page 34510]]
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 five years
beginning five years from the date of entry of this Order, and shall
thereafter be waived, provided that, during the period of suspension,
Wheeler 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 Wheeler 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. 95-16223 Filed 6-30-95; 8:45 am]
BILLING CODE 3510-DT-M
