[Federal Register Volume 60, Number 157 (Tuesday, August 15, 1995)]
[Notices]
[Pages 42143-42144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20080]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; New York & Southern Lumber
Corp.; Order Denying Permission To Apply For or Use Export Licenses
In the matter of: New York & Southern Lumber Corporation, 6 West
Park Place, Great Neck, New York 11023.
On June 15, 1995, New York & Southern Lumber Corporation was
convicted in the United States District Court for the Western District
of Louisiana of violating the International Emergency Economic Powers
Act (50 U.S.C.A. Secs. 1701-1706 (1991)) (IEEPA). Specifically, New
York & Southern Lumber Corporation was convicted on one count of
willfully selling and causing to be exported from Louisiana to Italy,
for transshipment to Libya, approximately 7670.46 cubic board meters of
southern yellow pine lumber, in violation of the President's embargo on
the exportation of all goods to that country.
Section 11(h) 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\ provides that, at the discretion
of the Secretary of Commerce,\2\ no person convicted of violating the
IEEPA, or certain other provisions of the United States Code, shall be
eligible to apply for or use any export license issued pursuant to, or
provided by, the Act or the Export Administration Regulations
(currently codified at 15 CFR Parts 768-799 (1995)) (the Regulations)
for a period of up to 10 years from the date of the conviction. In
addition, any export license issued pursuant to the Act in which such a
person had any interest at the time of conviction may be revoked.
\1\ The Act expired on August 20, 1994. Executive Order 12924
(59 Fed. Reg. 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)).
\2\ Pursuant to appropriate delegations of authority that are
reflected in the Regulations, the Director, Office of Export
Licensing, in consultation with the Director, Office of Export
Section 11(h) of the Act. Because of a recent Bureau of Export
Administration reorganization, this responsibility now rests with
the Director, Office of Exporter Services. Subsequent regulatory
references herein to the ``Director, Office of Export Licensing,''
should be read as meaning ``Director, Office of Exporter Services.''
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Pursuant to Sections 770.15 and 772.1(g) of the Regulations, upon
notification that a person has been convicted of violating the IEEPA,
the Director, Office of Export Licensing, in consultation with the
Director, Office of Export Enforcement, shall determine whether to deny
that person permission to apply for or use any export license issued
pursuant to, or provided by, the Act and the Regulations, and shall
also determine whether to revoke any export license previously issued
to such a person.
Having received notice of New York & Southern Lumber Corporation's
conviction for violating the IEEPA, and following consultations with
the Director, Office of Export Enforcement, I have decided to deny New
York & Southern Lumber Corporation permission to apply for or use any
export license, including any general license, issued pursuant to, or
provided by, the Act and the Regulations, for a period of 10 years from
the date of its conviction. The 10-year period ends on June 15, 2005. I
have also decided that this denial period be suspended for the entire
10-year period and thereafter waived, provided that, during the period
of suspension, New York & Southern Lumber Corporation has committed no
violations of the Act or any regulation, order, or license issued under
the Act.
Accordingly, it is hereby Ordered:
I. Until June 15, 2005, New York & Southern Lumber Corporation, 6
West Park Place, Great Neck, New York 11023, hereby is 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, in whole or in part, and subject to the Regulations.
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
[[Page 42144]]
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.
II. After notice and opportunity for comment as provided in Section
770.15(h) of the Regulations, any person, firm, corporation, or
business organization related to New York & Southern Lumber Corporation
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.
III. As provided in 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.
IV. The 10-year denial period is suspended until June 15, 2005 and
shall thereafter be waived, provided that New York & Southern Lumber
Corporation, during the period of suspension, has committed no
violations of the Act or any regulation, license, or order issued under
the Act.
V. This Order is effective immediately.
VI. A copy of this Order shall be delivered to New York & Southern
Lumber Corporation.
Dated: July 26, 1995.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 95-20080 Filed 8-14-95; 8:45 am]
BILLING CODE 3510-DT-M
