Action Affecting Export Privileges; Sheryl Pinsonnault

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; Sheryl Pinsonnault

In the matter of Sheryl Pinsonnault, 126 S. 293 Place, Federal

Way, Washington 98003, Respondent.

Order

The Office of Export Enforcement, Bureau of Export Administration,

United States Department of Commerce (Department), having notified

Sheryl Pinsonnault (Pinsonnault) of its intention to initiate an

administrative proceeding against her pursuant to section 13(c) of the

Export Administration Act of 1979, as amended (50 U.S.C.A. app. 2401-

2420 (1991 and Supp. 1995)) (the Act),\1\ and part 788 of the Export

Administration Regulations (currently codified at 15 CFR parts 768-799

(1995)) (the Regulations), based on allegations that, on six different

occasions between on or about March 6, 1990 and on or about October 3,

1990, Pinsonnault caused, aided, and abetted the export, without the

validated license required by Section 772.1(b) of the Regulations, of

U.S.-origin aircraft parts from the United States to Belgium for use in

repairing a Lockheed L-100 aircraft owned by Libya, in violation of

section 787.2 of the Regulations;

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

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)).

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The Department and Pinsonnault having entered into a Consent

Agreement whereby the Department and Pinsonnault have agreed to settle

this matter in accordance with the terms and conditions set forth

therein, and the terms of the Consent Agreement having been approved by

me;

It Is Therefore Ordered

First, that a civil penalty of $10,000 is assessed against

Pinsonnault, $5,000 of which shall be paid to the Department within 30

days from the date of this Order. Payment shall be made in the manner

specified in the attached instructions. Payment of the remaining $5,000

shall be suspended for a period of three years from the date from the

entry of this Order and shall thereafter be waived, provided that,

during the period of suspension, Pinsonnault has committed no violation

of the Act, or any regulation, order, or license issued thereunder.

Second, that, Sheryl Pinsonnault, 126 S. 293 Place, Federal Way,

Washington 98003, shall, for a period of three 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 Pinsonnault 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.

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

two years of the denial period shall be suspended for a period of two

years beginning one year from the date of entry of this Order, and

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

suspension, Pinsonnault commits no violation of the Act or any

regulation, order or license issued thereunder.

Third, that the proposed Charging Letter, the Consent Agreement and

this Order shall be made available to the public.

This Order is effective immediately.

Entered this 27th day of November 1995.

John Despres,

Assistant Secretary for Export Enforcement.

[FR Doc. 95-29432 Filed 12-1-95; 8:45 am]

BILLING CODE 3510-DT-M