[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23471]
[[Page Unknown]]
[Federal Register: September 22, 1994]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; Augusto Giacomo Giangrandi
Valenzuela, Also Known As Augusto Giangrandi
In the matter of: Augusto Giacomo Giangrandi Valenzuela, also
known as Augusto Giangrandi, Via Roja 4863 Santiago, Chile,
Respondent.
Order
The Office of Export Enforcement, Bureau of Export Administration,
United States Department of Commerce (Department), having notified
Augusto Giacomo Giangrandi Valenzuela, also known as Augusto Giangrandi
(Giangrandi), of its intention to initiate an administrative proceeding
against him pursuant to Section 13(c) of the Export Administration Act
of 1979, as amended (50 U.S.C.A. app. Secs. 2401-2420 (1991, Supp.
1992, and Pub. L. No. 103-277, July 5, 1994)) (the Act),\1\ and Part
788 of the Export Administration Regulations (currently codified at 15
CFR Parts 768-799 (1994)) (the Regulations), based on allegations that,
between on or about February 14, 1983, and on or about June 11, 1988,
Giangrandi conspired with Carlos Cardoen, and others, to export U.S.-
origin zirconium from the United States to Chile contrary to the terms
of export licenses that were issued by the U.S. Department of Commerce
based on the prior representations of the conspirators; and
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\1\The Act expired on August 20, 1994. Executive Order No. 12924
(59 FR 43437, August 23, 1994), continued the Regulations under the
International Emergency Economic Powers Act (50 U.S.C.A. 1701-1706
(1991)).
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The Department and Giangrandi having entered into a Consent
Agreement whereby the Department and Giangrandi have agreed to settle
this matter in accordance with the terms and conditions set forth
therein, and the terms of the Consent Agreement having been approved by
me;
It it therefore ordered,
First, Augusto Giacomo Giangrandi Valenzuela, also known as Augusto
Giangrandi, Via Roja 4863, Santiago, Chile, and all of his successors,
assigns, officers, representatives, agents, and employees, shall, for a
period of 10 years from the date of this Order, 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. All outstanding individual validated licenses in which
Giangrandi 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 Giangrandi's privileges of
participating, in any manner or capacity, in any special licensing
procedure, including, but not limited to, distribution licenses, are
hereby revoked.
B. 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.
C. After notice and opportunity for comment as provided in
Sec. 788.3(c) of the Regulations, any person, firm, corporation, or
business organization related to Giangrandi by affiliation, ownership,
control, or position of responsibility in the conduct of trade or
related services may also be made subject to the provisions of this
Order.
D. As provided by 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 of 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.
E. As authorized by Sec. 788.16(c) of the Regulations, the last
five years of the denial period set forth above is hereby suspended for
a period of five years beginning five years from the date of entry of
this Order, and shall thereafter be waived, provided that Giangrandi
has met any obligation he has with the U.S. Government and that, during
the period of suspension, he has committed no violation of the Act or
any regulation, order, or license issued under the Act.
Second, that the proposed Charging Letter, the Consent Agreement
and this Order shall be made available to the public.
This Order is effective immediately.
Entered this 15th day of September 1994.
John Despres,
Assistant Secretary for Export Enforcement.
[FR Doc. 94-23471 Filed 9-21-94; 8:45 am]
BILLING CODE 3510-DT-M
