Action Affecting Export Privileges; Rajeev Sharma, Individually and Formerly Doing Business as Libra Electronics, Inc.

[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]

[Unknown Section]

[Page 0]

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

[FR Doc No: 94-31154]

[[Page Unknown]]

[Federal Register: December 19, 1994]

VOL. 59, NO. 242

Monday, December 19, 1994

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; Rajeev Sharma, Individually

and Formerly Doing Business as Libra Electronics, Inc.

In the Matter of: Rajeev Sharma, individually and formerly doing

business as Libra Electronics, Inc.; Respondent.

Order

The Office of Export Enforcement, Bureau of Export Administration,

United States Department of Commerce (Department), having notified

Rajeev Sharma, individually and formerly doing business as Libra

Electronics, Inc. (hereinafter collectively referred to as Sharma), 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. 1993, and Pub.

L. No. 103-277, July 5, 1994)) (the Act),\1\ and Part 788 of the Export

Administration Regulations (the Regulations), based on allegations

that, on four separate occasions between approximately May 4, 1988 and

approximately July 13, 1988, Sharma exported U.S.-origin computers and

accessories from the United States to Australia, without obtaining the

validated licenses required by Section 772.1(b) of the Regulations;

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\1\The Act expired on August 20, 1994. Executive Order 12934 (59

FR 43437 (1994)) continued the Export Administration Regulations

(currently codified at 15 CFR Parts 768-799 (1994)) in effect under

the International Emergency Economic Powers Act (50 U.S.C.A.

Secs. 1701-1706 (1991)).

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The Department and Sharma having entered into a Consent Agreement

whereby the Department and Sharma 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 Sharma. Payment of the $20,000 civil penalty shall be

suspended in its entirety for a period of two years beginning on the

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

that, during the period of suspension, Sharma has committed no

violation of the Act or any regulation, order, or license issued under

the Act.

Second, Rajeev Sharma, individually and formerly doing business as

Libra Electronics, Inc., 5255 Via Cartagena, Yorba Linda, California

92687, shall, for a period of two 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

Sharma 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 Sharma'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 Sharma 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: (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 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 9th day of December, 1994.

John Despres,

Assistant Secretary for Export Enforcement.

[FR Doc. 94-31154 Filed 12-16-94; 8:45 am]

BILLING CODE 3510-DT-M