Action Affecting Export Privileges; Roque A. Muracciole; Order Denying Permission to Apply for or Use Export Licenses

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; Roque A. Muracciole; Order

Denying Permission to Apply for or Use Export Licenses

In the matter of Roque A. Muracciole, 14311 Southwest 88 Street,

Number 406, Miami, Florida 33186, and currently incarcerated at

Federal Correctional Facility--Ashland, Inmate Number 41566-004,

Post Office Box 888716, Ashland, Kentucky 41105.

On April 27, 1990, Roque A. Muracciole (hereinafter referred to as

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

Southern District of Florida--Miami Division of two counts of violating

the Export Administration Act of 1979, as amended (50 U.S.C.A. app.

Secs. 2401-2420 (1991, Supp. 1993, and Pub. L. No. 103-10, March 27,

1993)) (the ``EAA''), by possessing a controlled U.S.-origin computer

with knowledge that it was intended for export to Bulgaria, and by

preparing a falsified invoice with the intent to evade the provisions

of the EAA. Section 11(h) of the EAA provides that, at the discretion

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

EAA, 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 with 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 EAA, 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 Muracciole's conviction for

violating the EAA, and following consultations with the Director,

Office of Export Enforcement, I have decided to deny Muracciole

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 April 27, 2000. I have also decided to

revoke all export licenses issued pursuant to the EAA in which

Muracciole had an interest at the time of his conviction.

Accordingly, it is hereby Ordered:

I. All outstanding individual validated licenses in which

Muracciole appears or participates, an any manner or capacity, are

hereby revoked and shall be returned forthwith to the Office of Export

Licensing for cancellation. Further, all of Muracciole'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 April 27, 2000, Roque A. Murracciole, 14311 Southwest 88

Street, Number 406, Miami, Florida 33186, and currently incarcerated at

the Federal Correctional Facility--Ashland, Inmate Number 41566-004,

Post Office Box 888716, Ashland, Kentucky 41105, 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 Muracciole 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 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 April 27, 2000.

VI. A copy of this Order shall be delivered to Roque A. Muracciole.

This Order shall be published in the Federal Register.

Dated: February 10, 1994.

Eileen M. Albanese,

Acting Director, Office of Export Licensing.

[FR Doc. 94-4091 Filed 2-23-94; 8:45 am]

BILLING CODE 3510-DT-M