Action Affecting Export Privileges; Joseph Jeno Nandory

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; Joseph Jeno Nandory

Order

The Office of Export Enforcement, Bureau of Export Administration,

United States Department of Commerce (Department), having notified

Joseph Jeno Nandory (Nandory) of its intention to initiate an

administrative proceeding against him pursuant to Part 788 of the

Export Administration Regulations (currently codified at 15 CFR Parts

768-799 (1994)) (the Regulations), issued pursuant to 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\ based on allegations that, Nandory, on or about December 6,

1989, in violation of Section 787.3(a) of the Regulations, attempted to

export U.S.-origin computer-related equipment from the United States to

Hungary, without obtaining from the Department the validated export

license required by Section 772.1(b) of the Regulations;

\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)).

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The Department and Nandory having entered into a Consent Agreement

whereby the Department and Nandory 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 Joseph Jeno Nandory, shall, for a period of five years

from the date of entry 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. All outstanding individual validated export licenses in which

Nandory 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 Nandory's privileges of

participating, in any manner or capacity, in any special licensing

procedure, including, but not limited to, distribution licenses, are

hereby revoked.

B. 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.

C. 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 Nandory 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.

D. 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 [[Page 15286]] or to be exported from the

United States; (b) in any reexport thereof; or (c) in any other

transaction which is subject to the Regulations, if the person denied

export privileges may obtain any benefit or have any interest in,

directly or indirectly, any of these transactions.

Second, that the proposed Charging Letter, the Consent Agreement

and this Order shall be made available to the public, and this Order

shall be published in the Federal Register.

Entered this 14th day of March 1995.

This Order is effective immediately.

Frank W. Deliberti,

Acting Assistant Secretary for Export Enforcement.

[FR Doc. 95-7091 Filed 3-22-95; 8:45 am]

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