[Federal Register Volume 64, Number 155 (Thursday, August 12, 1999)]
[Notices]
[Pages 43981-43982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20911]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; FADI BOUTROS, Also Known as
Fadi E. Sitto, Fadi Jirjis, and Fred Boutros; Order Denying Permission
To Apply for or Use Export Licenses
On April 29, 1999, Fadi Boutros, also known as Fadi E. Sitto, Fadi
Jirjis, and Fred Boutros (Boutros), was convicted in the United States
District Court for the District of Connecticut on one court of
violating Section 38 of the Arms Export Control Act (currently codified
at 22 U.S.C.A. Sec. 2778 (1990 & Supp. 1999)) (AECA) and one count of
violating the International Emergency Economic Powers Act (50 U.S.C.A.
Secs. 1701-1706 (1991 & Supp. 1999)) (IEEPA). Specifically, Boutros was
convicted of willfully attempting to export defense articles on the
U.S. Munitions List from the United States to Iraq via Jordan, namely,
ITT Aviator Night Vision GEN II AN/AVS 6 systems, without first having
obtained the required export license from the United States Department
of State, and of willfully dealing and attempting to deal in defense
articles on the U.S. Munitions List intended for exportation to Iraq
via
[[Page 43982]]
Jordan, specifically, ITT Aviator Night Vision GEN III AN/AVS 6
systems, and engaging and attempting to engage in activity intended to
promote such dealing, without first having obtained the authorization
of the United States Department of Treasury, in violation of the
embargo against Iraq contained in the Office of Foreign Assets
Control's Iraqi Sanctions Regulations.
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 the AECA or IEEPA, 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
IEEPA.
\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 Secs. 766.25 and 750.8(a) of the Regulations, upon
notification that a person has been convicted of violating the AECA or
IEEPA, 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 Boutros's conviction for violating the
AECA and IEEPA, and following consultations with the Director, Office
of Export Enforcement, I have decided to deny Boutros 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
April 29, 2009. I have also decided to revoke all licenses issued
pursuant to the Act in which Boutros had an interest at the time of his
conviction.
Accordingly, it is hereby Ordered
I. Until April 29, 2009, Fadi Boutros, also known as Fadi E. Sitto,
Fadi Jirjis, and Fred Boutros, currently incarcerated at: Federal
Correction Institute, P.O. Box 9999, Milan, Michigan 48160, and with an
address at: 1491 Fueta Heights Lane, El Cajon, California 92019, 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 facilitates 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, 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 Boutros 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 April 29, 2009.
VI. A copy of this Order shall be delivered to Boutros. This Order
shall be published in the Federal Register.
Dated: August 3, 1999.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 99-20911 Filed 8-11-99; 8:45 am]
BILLING CODE 3510-DT-M
