Action Affecting Export Privileges; David Brownhill; Order Denying Permission To Apply for or Use Export Licenses

[Federal Register Volume 60, Number 183 (Thursday, September 21, 1995)]

[Notices]

[Pages 48961-48962]

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

[FR Doc No: 95-23361]

========================================================================

Notices

Federal Register

________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules

or proposed rules that are applicable to the public. Notices of hearings

and investigations, committee meetings, agency decisions and rulings,

delegations of authority, filing of petitions and applications and agency

statements of organization and functions are examples of documents

appearing in this section.

========================================================================

Federal Register / Vol. 60, No. 183 / Thursday, September 21, 1995 /

Notices

[[Page 48961]]

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; David Brownhill; Order

Denying Permission To Apply for or Use Export Licenses

On October 6, 1993, David Brownhill (Brownhill) was convicted in

the U.S. District Court for the Eastern District of New York of

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

1701-1706 (1991)) (IEEPA). Specifically, Brownhill was convicted of

knowingly and willfully attempting to export and causing to be

exported, from the United States to Republic of South Africa, three

polygraph machines and one MCM component part, without having first

obtained the required validated export license.

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

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

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.''

---------------------------------------------------------------------------

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 Brownhill's conviction for violating the

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

Enforcement, I have decided to deny Brownhill 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

October 6, 2003. I have also decided to revoke all export licenses

issued pursuant to the Act in which Brownhill had an interest at the

time of his conviction.

Accordingly, it is hereby Ordered

I. All outstanding individual validated licenses in which Brownhill

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 Brownhill'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 October 6, 2003, David Brownhill, 13 Robin Road,

Northcliff Ext. 12, Johannesburg, South Africa, 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 Brownhill 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

[[Page 48962]]

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 October 6, 2003.

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

Order shall be published in the Federal Register.

Dated: September 11, 1995.

Eileen M. Albanese,

Acting Director, Office of Export Services.

[FR Doc. 95-23361 Filed 9-20-95; 8:45 am]

BILLING CODE 3510-DT-M