Action Affecting Export Privileges; David McKeeve; Order Denying Permission To Apply For or Use Export Licenses

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; David McKeeve; Order Denying

Permission To Apply For or Use Export Licenses

On August 22, 1996, David McKeeve (McKeeve) was convicted in the

United States District Court for the District of Massachusetts of

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

Secs. 1701-1706 (1991 & Supp. 1997)) (IEEPA). McKeeve was convicted of

knowingly and willfully exporting, reexporting, diverting, and

transshipping computers and related equipment to Libya, in violation of

the embargo against Libya.

Section 11(h) of the Export Administration Act of 1979, as amended

(50 U.S.C.A. app. Secs. 2401-2420 (1991 & Supp. 1997)) (the Act),\1\

provides that, at the discretion of the Secretary of Commerce,\2\ no

person convicted of violating IEEPA, or certain other provisions of the

United States Code, shall be eligible to apply for or use any license,

including any License Exception, issued pursuant to, or provided by,

the Act or the Export Administration Regulations (61 FR 12734-13041,

March 25, 1996, to be codified at 15 CFR Parts 730-774) (the

Regulations), for a period of up to 10 years from the date of the

conviction. In addition, any license issued pursuant to the Act in

which such a person had any interest at the time of conviction may be

revoked.

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\1\ The Act expired on August 20, 1994. Executive Order 12924 (3

C.F.R., 1994 Comp. 917 (1995)), extended by Presidential Notices of

August 15, 1995 (3 C.F.R., 1995 Comp. 501 (1996)) and August 14,

1996 (61 Fed. Reg. 42527, August 15, 1996), continued the Export

Administration Regulations in effect under IEEPA.

\2\ Pursuant to appropriate delegations of authority, the

Director, Office of Exporter Services, in consultation with the

Director, Office of Export Enforcement, exercises the authority

granted to the Secretary by Section 11(h) of the Act.

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Pursuant to Secs. 766.25 and 750.8(a) of the Regulations, upon

notification that a person has been convicted of violating IEEPA, the

Director, Office of Exporter Services, in consultation with the

Director, Office of Export Enforcement, shall determine whether to deny

that person permission to apply for or use any license, including any

license Exception, issued pursuant to, or provided by, the Act and the

Regulations, and shall also determine whether to revoke any license

previously issued to such a person.

Having received notice of McKeeve's conviction for violating IEEPA

and following consultations with the Acting

[[Page 33586]]

Director, Office of Export Enforcement, I have decided to deny McKeeve

permission to apply for or use any license, including any License

Exception, 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 August 22, 2006. I have also decided to

revoke all licenses issued pursuant to the Act in which McKeeve had an

interest at the time of his conviction.

Accordingly, it is hereby Ordered

I. Until August 22, 2006, David McKeeve, 35A Kevlinside Gardens,

Glasgow, Scotland, and currently incarcerated at FCI Fort Dix, P.O. Box

7000, Unit 5812, Fort Dix, New Jersey 08640, may not, directly or

indirectly, participate in any way, in any transaction involving any

commodity, software or technology (hereinafter collectively referred to

as ``item'') exported or to be exported from the United States, that is

subject to the Regulations, or in any other activity subject to the

Regulations, including but not limited to:

A. Applying for, obtaining, or using any license, License

Exception, or export control document;

B. Carrying on negotiations concerning, or ordering, buying,

receiving, using, selling, delivering, storing, disposing of,

forwarding, transporting, financing, or otherwise servicing in any

way, any transaction involving any item exported or to be exported

from the United States that is subject to the Regulations, or in any

other activity subject to the Regulations; or

C. Benefiting in any way from any transaction involving any item

exported or to be exported from the United States that is subject to

the Regulations, or in any other activity subject to the

Regulations.

II. No person may directly or indirectly, do any of the following:

A. Export or reexport to or on behalf of the denied person any

item subject to the Regulations;

B. Take any action that facilitates the acquisition or attempted

acquisition by the denied person of the ownership, possession, or

control of any item subject to the Regulations that has been or will

be exported from the United States, including financing or other

support activities related to a transaction whereby the denied

person acquires or attempts to acquire such ownership, possession or

control;

C. Take any action to acquire from or to facilitate the

acquisition or attempted acquisition from the denied person of any

item subject to the Regulations that has been exported from the

United States;

D. Obtain from the denied person in the United States any item

subject to the Regulations with knowledge or reason to know that the

item will be, or is intended to be, exported from the United States;

or

E. Engage in any transaction to service any item subject to the

Regulations that has been or will be exported from the United States

and which is owned, possessed or controlled by the denied person, or

service any item, of whatever origin, that is owned, possessed or

controlled by the denied person if such service involves the use of

any item subject to the Regulations that has been or will be

exported from the United States. For purposes of this paragraph,

servicing means installation, maintenance, repair, modification or

testing.

III. After notice and opportunity for comment as provided in

Section 766.23 of the Regulations, any person, firm, corporation, or

business organization related to McKeeve 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. This Order does not prohibit any export, reexport, or other

transaction subject to the Regulations where the only items involved

that are subject to the Regulations are the foreign-produced direct

product of U.S.-origin technology.

V. This Order is effective immediately and shall remain in effect

until August 22, 2006.

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

shall be published in the Federal Register.

Dated: June 10, 1997.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 97-16143 Filed 6-19-97; 8:45 am]

BILLING CODE 3510-DT-M