[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22769]
[[Page Unknown]]
[Federal Register: September 15, 1994]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; Michel V. Diago; Order
Denying Permission To Apply for or Use Export Licenses
On February 25, 1993, following a plea of guilty to one count of a
superseding information, Michel V. Diago (Diago) was convicted in the
U.S. District Court for the Northern District of California of
violating the Export Administration Act of 1979, as amended (50
U.S.C.A. app. 2401-2420 (1991, Supp. 1993, and Pub. L. No. 103-277,
July 5, 1994)) (the Act).\1\ Diago was convicted of attempting to
export U.S.-origin computer parts from the United States to Cuba
without the validated export license required by the Export
Administration Regulations (currently codified at 15 CFR Parts 768-799
(1994)) (the Regulations).
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\1\The Act expired on August 20, 1994. Executive Order 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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Section 11(h) of the Act provides that, at the discretion of the
Secretary of Commerce,\2\ no person convicted of violating the Act, 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 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.
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\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
Enforcement, exercises the authority granted to the Secretary by
Section 11(h) of the Act.
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Pursuant to Secs. 770.15 and 772.1(g) of the Regulations, upon
notification that a person has been convicted of violating the Act, 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 Diago's conviction for violating the Act,
and following consultations with the Director, Office of Export
Enforcement, I have decided to deny Diago 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 his conviction. The 10-year period ends on
February 25, 2003. I have also decided to revoke all export licenses
issued pursuant to the Act in which Diago had an interest at the time
of his conviction.
Acccordingly, it is hereby ordered:
I
All outstanding individual validated licenses in which Diago
appears or participates, in any manner or capacity, are hereby revoked
and shall be returned forthwith to the Office of Export Licensing for
cancellation. Further, all of Diago's privileges of participating, in
any manner or capacity, in any special licensing procedure, including,
but not limited to, distribution licenses, are hereby revoked.
II
Until February 25, 2003, Michel V. Diago, 1183 Calle del Arroyo,
Sonoma, California 95476, 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 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.
III
After notice and opportunity for comment as provider in
Sec. 770.15(h) of the Regulations, any person, firm, corporation, or
business organization related to Diago by affiliation, ownership,
control, or position of responsibility in the conduct of trade or
related services may also be subject to the provision of this Order.
IV
As provided in Sec. 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 eexport 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.
V
This Order is effective immediately and shall remain in effect
until February 25, 2003.
VI
A copy of this Order shall be delivered to Diago. This Order shall
be published in the Federal Register.
Dated: September 7, 1994.
Charles M. Guernieri,
Acting Director, Office of Export Licensing.
[FR Doc. 94-22769 Filed 9-14-94; 8:45 am]
BILLING CODE 3510-DT-M
