Action Affecting Export Privileges; Robert A. Vance; Order Denying Permission To Apply for or Use Export Licenses

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges; Robert A. Vance; Order

Denying Permission To Apply for or Use Export Licenses

In the matter of: Robert A. Vance, 326 South Benson Road,

Fairfield, Connecticut 06430.

On July 31, 1996, Robert A. Vance (Vance) was convicted in the

United States District Court for the District of Connecticut of

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

1701-1706 (1991 & Supp. 1996)) (IEEPA) and the Export Administration

Act of 1979, as amended (50 U.S.C.A. app. sections 2401-2402 (1991 &

Supp. 1996)) (the Act).\1\ Vance was convicted of knowingly and

willfully exporting and causing to be exported gear type fuel pumps

from the United States to Germany for transshipment to Libya through

the Republic of Malta, and of making false and misleading statements on

export control documents.

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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 FR 42527, August 15, 1996), continued the Export

Administration Regulations in effect under IEEPA.

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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 IEEPA or the

Act, 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 C.F.R. Parts 730-774) (the

[[Page 14670]]

Regulations),\3\ 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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\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.

\3\ The March 25, 1996 Federal Register publication

redesignated, but did not republish, the former Regulations,

codified at 15 C.F.R. Parts 768-799 (1996), as 15 C.F.R. Parts 768A-

799A.

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

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

Act, 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 Vance's conviction for violating IEEPA

and the Act, and following consultations with the Acting Director,

Office of Export Enforcement, I have decided to deny Vance 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 July 31, 2006. I have also decided to revoke all licenses

issued pursuant to the Act in which Vance had an interest at the time

of his conviction.

Accordinlgy, it is hereby ordered

I. Until July 31, 2006, Robert A. Vance, 326 South Benson Road,

Fairfield, Connecticut 06430, 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 Vance 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 July 31, 2006.

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

shall be published in the Federal Register.

Dated: March 10, 1997.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 97-7803 Filed 3-26-97; 8:45 am]

BILLING CODE 3510-DT-M