Action Affecting Export Privileges; H. Leonard Berg

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; H. Leonard Berg

In the matter of: H. Leonard Berg, 750 Kappock Street, Apartment

103, Bronx, New York 10463 and currently incarcerated at: U.S.

Bureau of Prisons, Low Security Correctional Institution, Allenwood,

White Deer, Pennsylvania 17887.

Order Denying Permission To Apply For or Use Export Licenses

On January 29, 1992, H. Leonard Berg (hereinafter referred to as

``Berg'') was convicted in the U.S. District Court for the Eastern

District of New York of, among other crimes, four counts of violating

the Arms Export Control Act (22 U.S.C.A. 2778 (1990, Supp. 1993)) (the

``AECA''), for exporting night vision devices to Argentina and the

Soviet Union and for exporting firearms and ammunition to Iraq and

Poland, without obtaining the required licenses or written approval

from the U.S. Department of State. 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 Public Law 103-10, March 27, 1993)) (the

``EAA''), provides that, at the discretion of the Secretary of

Commerce,\1\ no person convicted of violating the AECA, 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

EAA or the Export Administration Regulations (currently codified at 15

CFR parts 768-799 (1993)) (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 EAA in which such a person had any

interest at the time of his conviction may be revoked.

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\1\Pursuant to appropriate delegations of authority that are

reflected in the Regulations, the Director, Office of Export

Licensing in consultation wit the Director, Office of Export

Enforcement, exercises the authority granted to the Secretary by

Section 11 (h) of the EAA.

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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 AECA,

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 EAA and the Regulations and shall also

determine whether to revoke any export license previously issued to

such a person. Having received notice of Berg's conviction for

violating the AECA, and following consultations with the Director,

Office of Export Enforcement, I have decided to deny Berg permission to

apply for or use any export license, including any general license,

issued pursuant to, or provided by, the EAA and the Regulations, for a

period of 10 years from the date of his conviction. The 10-year period

ends on January 29, 2002. I have also decided to revoke all export

licenses issued pursuant to the EAA in which Berg had an interest at

the time of his conviction.

Accordingly, it is hereby Ordered

I. All outstanding individual validated licenses in which Berg

appears or participates, in any manner of capacity, are hereby revoked

and shall be returned forthwith to the Office of Export Licensing for

cancellation. Further, all of Berg'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 January 29, 2002, H. Leonard Berg, 750 Kappock Street,

Apartment 103, Bronx, New York 10463, and currently incarcerated at

U.S. Bureau of Prisons, Low Security Correctional Institution--

Allenwood, White Deer, Pennsylvania 17887, 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

Sec. 770.15(h) of the Regulations, any person, firm, corporation, or

business organization related to Berg 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 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 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.

V. This Order is effective immediately and shall remain in effect

until January 29, 2002.

VI. A copy of this Order shall be delivered to H. Leonard Berg.

This Order shall be published in the Federal Register.

Dated: May 12, 1994.

Eileen M. Albanese,

Acting Director, Office of Export Licensing.

[FR Doc. 94-12977 Filed 5-26-94; 8:45 am]

BILLING CODE 3510-DT-M