Action Affecting Export Privileges; Augusto Giacomo Giangrandi Valenzuela, Also Known As Augusto Giangrandi

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