Action Affecting Export Privileges; New York & Southern Lumber Corp.; Order Denying Permission To Apply For or Use Export Licenses

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; New York & Southern Lumber

Corp.; Order Denying Permission To Apply For or Use Export Licenses

In the matter of: New York & Southern Lumber Corporation, 6 West

Park Place, Great Neck, New York 11023.

On June 15, 1995, New York & Southern Lumber Corporation was

convicted in the United States District Court for the Western District

of Louisiana of violating the International Emergency Economic Powers

Act (50 U.S.C.A. Secs. 1701-1706 (1991)) (IEEPA). Specifically, New

York & Southern Lumber Corporation was convicted on one count of

willfully selling and causing to be exported from Louisiana to Italy,

for transshipment to Libya, approximately 7670.46 cubic board meters of

southern yellow pine lumber, in violation of the President's embargo on

the exportation of all goods to that country.

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. No.

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

IEEPA, 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 (1995)) (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.

\1\ The Act expired on August 20, 1994. Executive Order 12924

(59 Fed. Reg. 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)).

\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

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 Sections 770.15 and 772.1(g) of the Regulations, upon

notification that a person has been convicted of violating the IEEPA,

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 New York & Southern Lumber Corporation's

conviction for violating the IEEPA, and following consultations with

the Director, Office of Export Enforcement, I have decided to deny New

York & Southern Lumber Corporation 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 its conviction. The 10-year period ends on June 15, 2005. I

have also decided that this denial period be suspended for the entire

10-year period and thereafter waived, provided that, during the period

of suspension, New York & Southern Lumber Corporation has committed no

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

the Act.

Accordingly, it is hereby Ordered:

I. Until June 15, 2005, New York & Southern Lumber Corporation, 6

West Park Place, Great Neck, New York 11023, 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

[[Page 42144]]

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.

II. 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 New York & Southern Lumber Corporation

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.

III. 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.

IV. The 10-year denial period is suspended until June 15, 2005 and

shall thereafter be waived, provided that New York & Southern Lumber

Corporation, during the period of suspension, has committed no

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

the Act.

V. This Order is effective immediately.

VI. A copy of this Order shall be delivered to New York & Southern

Lumber Corporation.

Dated: July 26, 1995.

Eileen M. Albanese,

Acting Director, Office of Exporter Services.

[FR Doc. 95-20080 Filed 8-14-95; 8:45 am]

BILLING CODE 3510-DT-M