Action Affecting Export Privileges; Louis Akhtab Haneef, Also Known as Louis Sinclair Coleman; Order Denying Permission To Apply for or use Export Licenses

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DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; Louis Akhtab Haneef, Also

Known as Louis Sinclair Coleman; Order Denying Permission To Apply for

or use Export Licenses

On December 12, 1991, Louis Akhtab Haneef, also known as Louis

Sinclair Coleman (Haneef), was convicted in the United States District

Court for the Southern District of Florida of violating section 38 of

the Arms Export Control Act (22 U.S.C.A. 2778 (1990)) (the AECA) and

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

2401-2420 (1991 and Supp. 1995)) (the Act),\1\ among other crimes.

Specifically, Haneef was convicted on one count of knowingly and

willfully exporting and causing to be exported from the United States

to Port of Spain, Republic on Trinidad and Tobago, firearms and

ammunition, without obtaining the required license or written approval

from the Department of State; and one count of knowingly and willfully

exporting and causing to be exported from the United States to the

Republic of Trinidad and Tobago, shotguns, without having obtained the

required validated export license from the U.S. Department of Commerce.

\1\The Act expired on August 20, 1994. Executive Order 12924 (59

FR 43437, August 23, 1994), extended by Presidential Notice of

August 15, 1995 (60 FR 42767, August 17, 1995), continued the

Regulations in effect under the International Emergency Economic

Powers Act, 50 U.S.C.A. 1701-1706 (1991 and Supp. 1994).

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

Secretary of Commerce,\2\ no person convicted of violating the AECA or

the Act, 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.

\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.''

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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 AECA or

the Act, 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 Haneef's conviction for violating the

AECA and the Act, and following consultations with the Director, Office

of Export Enforcement, I have decided to deny Haneef 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 December 12, 2001. I have also decided to revoke all export

licenses issued pursuant to the Act in which Haneef had an interest at

the time of his conviction.

Accordingly, it is hereby Ordered

I. All outstanding individual validated licenses in which Haneef

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 Haneef's privileges of participating, in

any manner or capacity, in any special licensing procedures, including,

but not limited to, distribution licenses, are hereby revoked.

II. Until December 12, 2001, Louis Akhtab Haneef, also known as

Louis Sinclair Coleman, 2431 N.W. 7th Street, Pompano Beach, Florida

33069, and currently incarcerated at Federal Correctional Facility,

Register Number 28899-004, Post Office Box 888, Ashland, Kentucky

41105-0888, 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 Haneef 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 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 December 12, 2001.

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

shall be published in the Federal Register.

Dated: October 24, 1995.

Eileen M. Albanese,

Acting Director, Office of Exporter Services.

[FR Doc. 95-27214 Filed 11-2-95; 8:45 am]

BILLING CODE 3510-DT-M