Action Affecting Export Privileges; Manfred R. Felber; Order Denying Permission To Apply for or Use Export Licenses

[Federal Register Volume 59, Number 230 (Thursday, December 1, 1994)]

[Unknown Section]

[Page 0]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 94-29581]

[[Page Unknown]]

[Federal Register: December 1, 1994]

VOL. 59, NO. 230

Thursday, December 1, 1994

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; Manfred R. Felber; Order

Denying Permission To Apply for or Use Export Licenses

On June 6, 1994, Manfred R. Felber (Felber) was convicted in the

U.S. District Court for the District of Oregon of violating Section 38

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

among other crimes. Felber was convicted on one count of knowingly and

willfully attempting to export from the United States to Tehran, Iran,

defense articles, specifically 90 chemical agent monitors, that were

designated as significant military equipment on the United States

Munitions List, without obtaining the required license 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 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

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 Act or the Export Administration Regulations

(currently codified at 15 CFR parts 768-799 (1994)) (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.

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\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 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 Act and the Regulations, and shall

also determine whether to revoke any export license previously issued

to such a person.

Having received notice of Felber's conviction for violating the

AECA, and following consultations with the Director, Office of Export

Enforcement, I have decided to deny Felber 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 June

6, 2004. I have also decided to revoke all export licenses issued

pursuant to the Act in which Felber had an interest at the time of his

conviction.

Accordingly, it is hereby

Ordered

I. All outstanding individual validated licenses in which Felber

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

and shall be returned forthwith to the Office of Exporter Services for

cancellation. Further, all of Felber'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 June 6, 2004, Manfred R. Felber, 1150 John Street, 13-15,

Vienna, Austria, and currently incarcerated at FCI Milan, P.O. Box

9999, Milan, Michigan 48160, 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 Felber 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 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 June 6, 2004.

VI. A copy of this Order shall be delivered to Felber. This Order

shall be published in the Federal Register.

Dated: November 17, 1994.

Eileen M. Albanese,

Acting Director, Office of Exporter Services.

[FR Doc. 94-29581 Filed 11-30-94; 8:45 am]

BILLING CODE 3510-DT-M