[Federal Register Volume 60, Number 183 (Thursday, September 21, 1995)]
[Notices]
[Pages 48961-48962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23361]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 60, No. 183 / Thursday, September 21, 1995 /
Notices
[[Page 48961]]
DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; David Brownhill; Order
Denying Permission To Apply for or Use Export Licenses
On October 6, 1993, David Brownhill (Brownhill) was convicted in
the U.S. District Court for the Eastern District of New York of
violating the International Emergency Economic Powers Act (50 U.S.C.A.
1701-1706 (1991)) (IEEPA). Specifically, Brownhill was convicted of
knowingly and willfully attempting to export and causing to be
exported, from the United States to Republic of South Africa, three
polygraph machines and one MCM component part, without having first
obtained the required validated export license.
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. 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
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)).
\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. 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 Brownhill's conviction for violating the
IEEPA, and following consultations with the Director, Office of Export
Enforcement, I have decided to deny Brownhill 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
October 6, 2003. I have also decided to revoke all export licenses
issued pursuant to the Act in which Brownhill had an interest at the
time of his conviction.
Accordingly, it is hereby Ordered
I. All outstanding individual validated licenses in which Brownhill
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 Brownhill'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 October 6, 2003, David Brownhill, 13 Robin Road,
Northcliff Ext. 12, Johannesburg, South Africa, 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 provided in
Section 770.15(h) of the Regulations, any person, firm, corporation, or
business organization related to Brownhill 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. 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
[[Page 48962]]
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 October 6, 2003.
VI. A copy of this Order shall be delivered to Brownhill. This
Order shall be published in the Federal Register.
Dated: September 11, 1995.
Eileen M. Albanese,
Acting Director, Office of Export Services.
[FR Doc. 95-23361 Filed 9-20-95; 8:45 am]
BILLING CODE 3510-DT-M
