[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Notices]
[Pages 63074-63075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25741]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; All Ports Incorporated
In the Matter of: All Ports, Incorporated, last known address
at: 3911 Killam Avenue, Norfolk, Virginia 23508-2632.
Order Denying Export Privileges
On December 18, 2000, a U.S. District Court in the Eastern District
of Virginia convicted All Ports, Incorporated of violating section 38
of the Arms Export Control Act (22 U.S.C. 2778 (2000)) (``AECA'').
Specifically, the Court found that All Ports, Incorporated knowingly
and willfully attempted to export defense articles on the United States
Munitions List, from the United States to the People's Republic of
China, without having first obtained from the Department of State a
license or written authorization for such export.
Section 11(h) of the Export Administration Act of 1979, as amended
(currently codified at 50 U.S.C. app. 2401-2420 (1994 & Supp. V 1999))
(``Act'') \1\ provides that, at the discretion
[[Page 63075]]
of the Secretary of Commerce,\2\ no person convicted of violating any
of a number of federal criminal statutes including the AECA shall be
eligible to apply for or use any export license issued pursuant to, or
provided by, the Act or the Export Administration Regulations
(currently codified at 15 CFR parts 730-774 (2002)) (``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\ From August 21, 1994 through November 12, 2000, the Act was
in lapse. During that period, the President, through Executive Order
12924, which had been extended by successive Presidential Notices,
the last of which was issued on August 3, 2000 (3 CFR 2000 Comp. 397
(2001)), continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706 (1994 & Supp. V
1999)) (``IEEPA''). On November 13, 2000, the Act was reauthorized
and it remained in effect through August 20, 2001. Since August 21,
2001, the Act has been in lapse and the President, through Executive
Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), as
extended by the Notice of August 14, 2002 (67 FR 53721 (August 16,
2002)), has continued the Regulations in effect under IEEPA.
\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 the AECA,
the Director, Office of Exporter Services, in consultation with the
Director, Office of Export Enforcement, shall determine whether to deny
that person's export privileges for a period of up to 10 years from the
date of conviction and shall also determine whether to revoke any
license previously issued to such a person.
Having received notice of All Ports, Incorporated's conviction for
violating the AECA, and after providing notice and an opportunity for
All Ports, Incorporated to make a written submission to the Bureau of
Industry and Security before issuing an Order denying its export
privileges, as provided in section 766.25 of the Regulations, I,
following consultations with the Director, Office of Export
Enforcement, have decided to deny All Ports, Incorporated's export
privileges for a period of 10 years from the date of its conviction.
The 10-year period ends on December 18, 2010. I have also decided to
revoke all licenses issued pursuant to the Act in which All Ports,
Incorporated had an interest at the time of its conviction.
Accordingly, it is hereby--
Ordered
I. Until December 18, 2010, All Ports, Incorporated, with a last
known address of 3911 Killam Avenue, Norfolk, Virginia 23508-2632,
(``the denied person'') and, when acting in behalf of it, all of its
successors or assigns, officers, representatives, agent and employees,
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. Benefitting 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 All Ports, Incorporated 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 December 18, 2010.
VI. In accordance with Part 756 of the Regulations, All Ports,
Incorporated may file an appeal from this Order with the Under
Secretary for Industry and Security. The appeal must be filed within 45
days from the date of this Order and must comply with the provisions of
Part 756 of the Regulations.
VII. A copy of this Order shall be delivered to All ports,
Incorporated. This Order shall be published in the Federal Register.
Dated: October 4, 2002.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 02-25741 Filed 10-9-02; 8:45 am]
BILLING CODE 3510-DT-M