Action Affecting Export Privileges; Jan C. Koster, Doing Business as Advanced Computing Management, Also Known as Aqua City Mij

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; Jan C. Koster, Doing Business

as Advanced Computing Management, Also Known as Aqua City Mij

Relating Person Order

In the Matter of: Jan C. Koster, d.b.a. Advanced Computing

Management a.k.a. Aqua City Mij; World Trade Center, Strawinskylaan

59, Amsterdam Postbus 72311, 1007 VA Amsterdam, The Netherlands,

Respondents.

Whereas, on August 24, 1990, the Assistant Secretary for Export

Enforcement, Qunicy M. Krosby, entered an order approving a Consent

Agreement and issuing, in pertinent part, the following order:

First, that a civil penalty in the amount of $50,000 is assessed

against [Jan C.] Koster, which shall be paid to the Department as

follows: $25,000 shall be paid on or before December 31, 1990 and

$25,000 shall be paid within one year of the entry of this Order.

Payment shall be made in the manner specified in the attached

instructions.

Second, that Jan C. Koster, individually and doing business as

Advanced Computing Management and Aqua City Mij (hereinafter

collectively referred to as Koster), World Trade Center, Strawinskylaan

59, 1077 XW Amsterdam Postbus 72311, 1007 VA, Amsterdam, The

Netherlands, and all his successors, assignees, officers, partners,

representatives, agents and employees, shall be denied, for a period of

five years from the date of this Order, all privileges of

participating, directly or indirectly, in any manner or capacity, in

any transaction involving the export of U.S.-origin commodities or

technical data from the United States or abroad.

* * * * *

B. After notice and opportunity for comment, such denial may be

made applicable to any person, firm, corporation, or business

organization with which Koster is now or hereafter may be related by

affiliation, ownership, control, position of responsibility, or other

connection in the conduct of trade or related services.

* * * * *

D. As authorized by Section 788.17(b) of the Regulations, the

denial period herein provided against Koster shall be suspended for a

period of five years beginning from the date of entry of this Order and

shall thereafter be waived, provided that, during the period of

suspension, Koster has not committed any violation of the [Export

Administration] Act or any regulation, order under the Act.\1\

\1\The Export Administration Act of 1979, as amended (currently

codified at U.S.C.A. app. Secs. 2401-2420 (1991, Supp. 1993, and

Pub. L. No. 103-277, July 5, 1994)) (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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Whereas, on March 5, 1991, when Koster failed to pay the civil

penalty as required by the Order, the Office of Export Enforcement,

Bureau of Export Administration, United States Department of Commerce

(Department), revoked the five-year period of suspension as provided by

the August 24, 1990 Order, and implemented the five-year denial period

against Koster, all of Koster's export privileges are denied until

March 5, 1996, and the denial order extended to Koster's company,

Advanced Computing Management, also known as Aqua City Mij;

Whereas, a June 30, 1995 Order to Multiline Computing Amsterdam and

Blue Circle B.V. directing them to show cause why the sanctions of the

March 5, 1991 Order entered against Koster should not be made

applicable to them because of their relationship to Koster in the

conduct of export trade or related services;

Whereas, no response was made to the Order To Show Cause which was

served on the respondents and the related parties on July 11, 1995;

Whereas, the Administrative Law Judge has recommended, based on the

evidence of record, that I enter an Order finding that the above

persons are related to Koster by affiliation, ownership, control,

positions of responsibility, or other connection in the conduct of

export trade or related services;

Whereas, I find, based on the evidence of record, that each of the

[[Page 52149]]

above persons is related to Koster by affiliation, ownership, control,

positions of responsibility, or other connection in the conduct of

export trade or related services;

It is therefore ordered:

That the ``Second'' ordering paragraph of the order of Assistant

Secretary for Export Enforcement, Quincy M. Krosby, issued August 24,

1990, entered against Jan C. Koster be amended by adding the following

as persons related to Koster:

Multiline Computing Amsterdam, Paasheuvelweg 26, 1105 BJ Amsterdam, The

Netherlands and

Boompjes 543, Rotterdam, The Netherlands and

Blue Circle B.V., with addresses at Strawinskylaan 59, Amsterdam, The

Netherlands and Wagenweg 47, Haarlem, The Netherlands.

Each of the above persons is therefore subject to the same

sanctions as are imposed against Koster by the March 5, 1991 Order

which continues in full force and effect.

This Order is effective immediately. A copy of this Order shall be

served on each named related person and published in the Federal

Register.

This constitutes the final agency action in this matter.

Dated: September 6, 1995.

John Despres,

Assistant Secretary for Export Enforcement.

[FR Doc. 95-24746 Filed 10-4-95; 8:45 am]

BILLING CODE 3510-DT-M