Action Affecting Export Privileges; Vida Shahamat

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; Vida Shahamat

In the Matter of: Vida Shahamat, 6318 Green Spring Avenue,

Apartment 208, Baltimore, Maryland 21209, Respondent.

Order

The Office of Export Enforcement, Bureau of Export Administration,

United States Department of Commerce (Department), having notified Vida

Shahamat (Shahamat) of its intention to initiate an administrative

proceeding against her pursuant to Section 13(c) of the Export

Administration Act of 1979, as amended (50 U.S.C.A. app. sections 2401-

2420 (1991, Supp. 1993, and Pub. L. 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, on or about February 26, 1993, Shahamat

ordered, bought, and financed U.S.-origin computer equipment that she

intended to export to Iran without obtaining the validated licensee

that she knew was required by the Regulations, and that, on or about

March 10, 1993, Shahamat attempted to export that computer equipment to

Iran without obtaining the validated license required by Sec. 772.1(b)

of the Regulations;

---------------------------------------------------------------------------

\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)).

---------------------------------------------------------------------------

The Department and Shahamat having entered into a Consent Agreement

whereby the Department and Shahamat 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 Is Therefore Ordered, That First, a civil penalty of $20,000 is

assessed against Shahamat. Payment of the $20,000 civil penalty shall

be suspended in its entirety for a period of three years beginning on

the date of entry of this Order, and shall thereafter be waived

provided that, during the period of suspension, Shahamat has committed

no violation of the Act or any regulation, order, or license issued

under the Act.

Second, Vida Shahamat, 6318 Green Spring Avenue, Apartment 208,

Baltimore, Maryland 21209, shall, for a period of three years from the

date of entry 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 export licenses in which

Shahamat 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 Shahamat'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 Shahamat 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.

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: (1) 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 Regulations, if the person denied export privileges may

obtain any benefit or have any interest in, directly or indirectly, any

of these transactions.

Third, the proposed Charging Letter, the Consent Agreement and this

Order shall be made available to the public, and this Order shall be

published in the Federal Register.

This Order is effective immediately.

Entered this 21st day of September, 1994.

John Despres,

Assistant Secretary, for Export Enforcement.

[FR Doc. 94-24032 Filed 9-28-94; 8:45 am]

BILLING CODE 3510-DT-M