[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Notices]
[Pages 34506-34507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16224]
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DEPARTMENT OF COMMERCE
[Docket No. 2115-01-02]
Decision and Order
In the Matter of Elizabeth Drive Liquidation Corporation,
formerly known as Imagraph Corporation, 11 Elizabeth Drive,
Chelmsford, Massachusetts 01824, Respondent.
On November 13, 1992, the Office of Export Enforcement, Bureau of
Export Administration, United States Department of Commerce
(Department), issued a charging letter against Elizabeth Drive
Liquidation Corporation, formerly doing business as Imagraph
Corporation (Elizabeth Drive), alleging that Elizabeth Drive violated
Sections 787.5(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\ alleging 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) During the period from approximately August 31, 1987 through on
or about December 5, 1987, Elizabeth Drive exported U.S.-origin
technical data by releasing the technical data in the United States to
a person that was not a citizen or permanent resident of the United
States, without the validated license required by Section 772.1(b) of
the Regulations, in violation of Section 787.6 of the Regulations; and
(2) on five separate occasions between on or about April 28, 1989,
and on or about June 8, 1989, Elizabeth Drive made false or misleading
representations to the Department concerning the ultimate consignee on
export license applications, in violation of Section 787.5(a) of the
Regulations.
Elizabeth Drive filed an answer to the charging letter. After the
answer was filed, the Department and Elizabeth Drive 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.
[[Page 34507]]
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
Elizabeth Drive Liquidation Corporation, 11 Elizabeth Drive,
Chelmsford, Massachusetts 01824, 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 Elizabeth
Drive'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, Elizabeth Drive Liquidation Corporation, 11 Elizabeth
Drive, Chelmsford, Massachusetts 01824, and all its successors or
assigns, and officers, representatives, agents, and employees when
acting on behalf of Elizabeth Drive or any successors or assigns,
shall, for a period of one year 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, firm, corporation, or business
organization related to Elizabeth Drive 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 export Licensing, 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 Elizabeth Drive 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. 95-16224 Filed 6-30-95; 8:45 am]
BILLING CODE 3510-DT-M
