Order Denying Permission To Apply For or Use Export Licenses

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Order Denying Permission To Apply For or Use Export Licenses

Action Affecting Export Privileges; Theresa Marie Squillacote,

also known as Tina, Mary Teresa Miller, Schwan, The Swan, Margaret,

Margrit, Margret, Margrit, Lisa Martin Resi, Anne.

In the Matter of: Theresa Marie Squillacote, also known as Tina,

Mary Teresa Miller, Schwan, The Swan, Margaret, Margit, Marget,

Margrit, Lisa Martin, Resi, Anne; currently incarcerated at: Federal

Correctional Institution, Register #422-90-083, 501 Capital Cricle,

NE, Tallahassee, Florida 32301; and with an address at: 3809 13th

Street, N.E., Washington, D.C. 20017.

On January 22, 1999, Theresa Marie Squillacote, also known as Tina,

Mary Teresa Miller, Schwan, The Swan, Margaret, Margit, Margaret,

Margrit, Lisa Martin, Resi, and Anne (Squillacote), was convicted in

the United States District Court for the Eastern District of Virginia

of violating Sections 793(b) and 794(a) and (c) of the Espionage Act

(18 U.S.C.A. 792-799 (1976 & Supp. 1999)). Specifically, Squillacote

was convicted of: (1) unlawfully and knowingly combining, conspiring,

conferating and agreeing with other persons, both known and unknown, to

knowingly and

[[Page 40823]]

unlawfully communicate, deliver, and transmit writings and information

relating to the national defense of the United States, with intent and

reason to believe that the same would be used the injury of the United

States and to the advantage of the following governments: the German

Democratic Republic, the Union of Soviet Socialist Republics, the

Russian Federation and the Republic of South Africa: (2) knowingly and

unlawfully attempting to communicate, deliver, and transmit classified

secret documents pertaining to the national defense of the United

States, directly or indirectly, from the Pentagon, with reason to

believe that they were to be used to the injury of the United States

and to the advantage of the Republic of South Africa; (3) and of

knowingly and unlawfully copying, making, taking, and obtaining

classified secret documents and writings connected with the national

defense of the United States, directly or indirectly, from the

Pentagon, with reason to believe that they were to be used to the

injury of the United States.

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

(currently codified at 50 U.S.C.A. app 2401-2420 (1991 & Supp. 1999))

(the Act) \1\ provides that, at the discretion of the Secretary of

Commerce, \2\ no person convicted of violating Sections 793, 794, or

798 of the Espionage 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 (currently codified at

15 CFR Parts 730-774 (1999)) (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

CFR 1994 Comp. 917 (1995)), extended by Presidential Notices of

August 15, 1995 (3 CFR 1995 Comp. 501 (1996)), August 14, 1996 (3

CFR 1996 Comp. 298 (1997)), August 13, 1997 (3 CFR 1997 Comp. 306

(1998)), and August 13, 1998 (3 CFR 1998 Comp. 294 (1999)),

continued the Export Administration Regulations in effect under the

International Emergency Economic Powers Act (50 U.S.C.A. 1701-1706

(1991 & Supp. 1999)).

\2\ Pursuant to appropriate delegations of authority that are

reflected in the Regulations, 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 Sections 766.25 and 750.8(a) of the Regulations, upon

notification that a person has been convicted of violating Sections

793, 794, or 798 of the Espionage 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 Squillacote's conviction for violating

Sections 793(b) and 794(a) and (c) of the Espionage Act, and following

consultations with the Director, Office of Export Enforcement, I have

decided to deny Squillacote 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

her conviction. The 10-year period ends on January 22, 2009. I have

also decided to revoke all licenses issued pursuant to the Act in which

Squillacote had an interest at the time of her conviction.

Accordingly, it is hereby ordered:

I. Until January 22, 2009, Theresa Marie Squillacote, also known as

Tina, Mary Teresa Miller, Schwan, The Swan, Margaret, Margit, Margret,

Margrit, Lisa Martin, Resi and Anne, currently incarcerated at: Federal

Correctional Institution, Register #422-90-083, 501 Capital Circle, NE,

Tallahassee, Florida 32301, and with an address at: 3809 13th Street,

NE Washington, DC 20017, 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 nay 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 or 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 known 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 Squillacote 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 January 22, 2009.

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

Order shall be published in the Federal Register.

[[Page 40824]]

Dated: July 19, 1999.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 99-19216 Filed 7-27-99; 8:45 am]

BILLING CODE 3510-DT-M