Decision and Order

DEPARTMENT OF COMMERCE

Bureau of Export Administration

[Docket No. 1107-01]

Decision and Order

In the Matter of: American Technology Trading Group, 44

Montgomery Street, Suite 500, San Francisco, California 94104,

Respondent.

[[Page 34505]]

On August 27, 1991, the Office of Export Enforcement, Bureau of

Export Administration, United States Department of Commerce

(Department), issued a Charging Letter against American Technology

Trading Group (ATTG) alleging that ATTG violated Sections 787.4(a),

787.5(a)(1)(ii), and 787.6 of the Export Administration Regulations

(currently codified at 15 CFR Parts 768-799 (1995)) (the Regulations),

issued 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\ The Charging

Letter alleged that:

\1\ The Act expired on August 20, 1994. Executive Order No.

12924 (59 FR 43437, August 23, 1994) continued the Regulations in

effect under the International Emergency Economic Powers Act (50

U.S.C.A. Secs. 1701-1706 (1991)).

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(1) On 15 separate occasions between on or about August 27, 1986

through on or about July 29, 1987, ATTG exported U.S.-origin

commodities contrary to the terms of a distribution license, in

violation of Section 787.6 of the Regulations;

(2) In connection with the 15 exports described above, ATTG made

false statements of material fact to a U.S. agency in connection with

the preparation, submission, or use of an export control document, in

violation of Section 787.5(a)(1)(ii) of the Regulations; and

(3) With respect to each of the 15 exports described above, ATTG

made the exports with knowledge or reason to know that the exports were

being made contrary to a prior representation ATTG made to the

Department, in violation of Section 787.4(a) of the Regulations.

ATTG answered the Charging Letter, denying the allegations set

forth therein. After the Answer was filed, the Department and ATTG

entered into a Consent Agreement pursuant to Section 787.17(a) of the

Regulations whereby they agreed to settle this matter in accordance

with the terms and conditions set forth therein;

The Administrative Law Judge having recommended that I approve the

terms of the Consent Agreement; and

After reading and approving those terms;

It is therefore ordered,

First, all outstanding individual validated licenses in which

American Technology Trading Group 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

ATTG's privileges of participating, in any manner or capacity, in any

special licensing procedure, including, but not limited to,

distribution licenses, are hereby revoked.

Second, American Technology Trading Group, 44 Montgomery Street,

Suite 500, San Francisco, California 94104, and all its successors and

assigns, and officers, representatives, agents, and employees, shall,

for a period of ten 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. 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.

B. After notice and opportunity for comment as provided in Section

788.3(c) of the Regulations, any person, firm, corporation, or business

organization related to ATTG 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.

C. As provided by Section 787.12(a) of the Regulations, without

prior disclosure of the facts to and specific authorization of the

Office of Exporter Services, 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.

Third, that the Charging Letter, the Answer, the Consent Agreement,

and this Order shall be made available to the public. A copy of this

Order shall be served on the Department and ATTG and published in the

Federal Register.

This Order, which constitutes the final agency action in this

matter, is effective immediately.

Entered this 26th day of June, 1995.

William A. Reinsch,

Under Secretary for Export Administration.

[FR Doc. 95-16219 Filed 6-30-95; 8:45 am]

BILLING CODE 3510-DT-M