[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Notices]
[Pages 48099-48100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23060]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration 9-18
[Docket No. 1107-07]
In the Matter of: Herman Van Croonenburg, Urb. El Paraiso, Parc.
145--Villa Favorita, E-29680 Estepona--Malaga, Spain; Respondent; Final
Decision and Order
On August 22, 1995, the Administrative Law Judge (ALJ) entered his
Recommended Decision and Order in the above-referenced matter. The
Recommended Decision and Order, a copy of which is attached hereto and
made a part hereof, has been referred to me for final action.
After describing the facts of the case and his findings based on
those facts, the ALJ found that the Respondent on four separate
occasions reexported U.S.-origin commodities from Switzerland to
Austria, without obtaining the reexport authorization required by
Section 774.1 of the Export Administration Regulations.
The ALJ recommended that the appropriate penalty for the violations
should be that the Respondent and all successors, assignees, officers,
representatives, agents and employees be denied for a period of fifteen
years from this date all privileges of participating, directly or
indirectly, in any manner or capacity, in any transaction in the United
States or abroad involving commodities or technical data exported or to
be exported from the United States and subject to the Export
Administration Regulations.
Based on my review of the record in this proceeding, I AFFIRM the
Recommended Decision and Order of the Administrative Law Judge.
This constitutes final agency action in this matter.
Dated: September 4, 1995.
William A. Reinsch,
Under Secretary for Export Administration.
Recommended Decision and Order
On August 30, 1991, the Office of Export Enforcement, Bureau of
Export Administration, U.S. Department of Commerce (Department), issued
a Charging Letter alleging that Herman Anton van Croonenburg (van
Croonenburg) committed four violations of Section 787.6 of the Export
Administration Regulations (currently codified at 15 CFR Parts 768-799
(1995)) (the Regulations), issued pursuant to the Export Administration
Act of 1979, as amended (50 U.S.C.A. app. Sec. Sec. 2401-2420 (1991,
Supp. 1993, and Pub. L. No. 103-277, July 5, 1994)) (the Act).\1\ On
November 4, 1991, van Croonenburg answered the Charging Letter, but did
not request a hearing.\2\
\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.
Sec. Sec. 1701-1706 (1991)).
\2\ Indeed, other than his answer, van Croonenburg has not filed
any pleadings or responded either to any of my Orders or any of the
Department's pleadings in this matter.
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On September 6, 1991, this matter was consolidated with several
other related matters and has proceeded through the administrative
process since that time. On March 22, 1995, I issued an Order urging
the parties to begin settlement discussions and directed the parties to
report to me regarding the progress of those discussions. On April 5,
1995, in accordance with that Order, the Department wrote to van
Croonenburg to determine if he was interested in pursuing a possible
settlement in this matter. To date, van Croonenburg has not responded
to the Department's offer to discuss a possible settlement. However,
settlement discussions in several of the other
[[Page 48100]]
related matters were successful. On June 19, 1995, following the
submission of settlement proposals in these other related proceedings,
I issued an Order directing the Department to file the submission
required under Section 788.14 of the Regulations by August 18, 1995
against van Croonenburg. In accordance with that Order, the Department
made the submission required by Section 788.14 of the Regulations on
August 18, 1995.
Background
The August 30, 1991 Charging Letter alleges that, on four separate
occasions between on or about September 2, 1986 and on or about June 8,
1987, van Croonenburg, in his capacity as President of Marli S.A.
(Marli),\3\ reexported U.S.-origin commodities from Switzerland to
Austria without first obtaining the reexport authorization required by
Section 774.1 of the Regulations. Schedule A to the Charging Letter,
which was attached thereto and incorporated by reference therein,
identifies the approximate date of reexport from Switzerland to
Austria, the commodity involved, the Samata S.A. (Samata) Purchase
Order number, the House Air Waybill number for the exports from
Switzerland to Austria that were made by air.
\3\ A Charging Letter was also issued against Marli. However, on
January 6, 1992, after several attempts to serve Marli has failed,
the Department withdrew that Charging Letter after it determined
that Marli had ceased to exist. See Notice of Withdrawal of Charging
Letter, filed January 6, 1992.
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Finding
On the basis of the Department's submission and all of the
supporting evidence presented, I have determined that van Croonenburg
committed the violations alleged in the Charging Letter issued against
him on August 30, 1991.
For those violations, the Department urges as a sanction that van
Croonenburg's export privileges be denied for 15 years. In light of the
nature of the violations, I concur in the Department's recommendation.
Accordingly, it is therefore ordered,
First, that all outstanding individual validated licenses in which
van Croonenburg 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 van Croonenburg'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, that Herman van Croonenburg, Urb. El Paraiso, Parc. 145--
Villa Favorita, E-29680 Estepona--Malaga, Spain, and all of his
successors, assigns, officers, representatives, agents, and employees,
shall, for a period of 15 years from the date of final agency action,
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 the respondent 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 in,
directly or indirectly, any of these transactions.
Third, that a copy of this Order shall be served on van Croonenburg
and the Department in accordance with Section 788.16(b)(2) of the
Regulations.
Fourth, that this Order, as affirmed or modified, shall become
effective upon entry of the final action by the Under Secretary for
Export Administration, in accordance with the Act (50 U.S.C. A. app.
Sec. 2412(c)(1)) and the Regulations (15 CFR 788.23).
To be considered in the 30 day statutory review process which is
mandated by Section 13(c) of the Act, submissions must be received
in the Office of the Under Secretary for Export Administration, U.S.
Department of Commerce, 14th & Constitution Ave., NW., Room 389B,
Washington, DC 20230, within 12 days. Replies to the other party's
submission are to be made within the following 8 days. 15 CFR
788.23(b), 50 FR 53134 (1985). Pursuant to Section 13(c)(3) of the
Act, the order of the final order of the Under Secretary may be
appealed to the U.S. Court of Appeals for the District of Columbia
within 15 days of its issuance.
Dated: August 22, 1995.
Edward J. Kuhlmann,
Administrative Law Judge.
[FR Doc. 95-23060 Filed 9-15-95; 8:45 am]
BILLING CODE 3510-DT-M
