[Federal Register Volume 59, Number 37 (Thursday, February 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4091]


[[Page Unknown]]

[Federal Register: February 24, 1994]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

 

Action Affecting Export Privileges; Roque A. Muracciole; Order 
Denying Permission to Apply for or Use Export Licenses

    In the matter of Roque A. Muracciole, 14311 Southwest 88 Street, 
Number 406, Miami, Florida 33186, and currently incarcerated at 
Federal Correctional Facility--Ashland, Inmate Number 41566-004, 
Post Office Box 888716, Ashland, Kentucky 41105.

    On April 27, 1990, Roque A. Muracciole (hereinafter referred to as 
``Muracciole'') was convicted in the U.S. District Court for the 
Southern District of Florida--Miami Division of two counts of violating 
the Export Administration Act of 1979, as amended (50 U.S.C.A. app. 
Secs. 2401-2420 (1991, Supp. 1993, and Pub. L. No. 103-10, March 27, 
1993)) (the ``EAA''), by possessing a controlled U.S.-origin computer 
with knowledge that it was intended for export to Bulgaria, and by 
preparing a falsified invoice with the intent to evade the provisions 
of the EAA. Section 11(h) of the EAA provides that, at the discretion 
of the Secretary of Commerce,\1\ no person convicted of violating the 
EAA, or certain other provisions of the United States Code, shall be 
eligible to apply for or use any export license issued pursuant to, or 
provided by, the EAA or the Export Administration Regulations 
(currently codified at 15 CFR parts 768-799 (1993)) (the 
``Regulations''), for a period of up to 10 years from the date of the 
conviction. In addition, any export license issued pursuant to the EAA 
in which such a person had any interest at the time of his conviction 
may be revoked.
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    \1\Pursuant to appropriate delegations of authority that are 
reflected in the Regulations, the Director, Office of Export 
Licensing, in consultation with the Director, Office of Export 
Enforcement, exercises the authority granted to the Secretary by 
section 11(h) of the EAA.
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    Pursuant to Secs. 770.15 and 772.1(g) of the Regulations, upon 
notification that a person has been convicted of violating the EAA, the 
Director, Office of Export Licensing, in consultation with the 
Director, Office of Export Enforcement, shall determine whether to deny 
that person permission to apply for or use any export license issued 
pursuant to, or provided by, the EAA and the Regulations and shall also 
determine whether to revoke any export license previously issued to 
such a person. Having received notice of Muracciole's conviction for 
violating the EAA, and following consultations with the Director, 
Office of Export Enforcement, I have decided to deny Muracciole 
permission to apply for or use any export license, including any 
general license, issued pursuant to, or provided by, the EAA and the 
Regulations, for a period of 10 years from the date of his conviction. 
The 10-year period ends on April 27, 2000. I have also decided to 
revoke all export licenses issued pursuant to the EAA in which 
Muracciole had an interest at the time of his conviction.

    Accordingly, it is hereby Ordered:

    I. All outstanding individual validated licenses in which 
Muracciole appears or participates, an any manner or capacity, are 
hereby revoked and shall be returned forthwith to the Office of Export 
Licensing for cancellation. Further, all of Muracciole's privileges of 
participating, in any manner or capacity, in any special licensing 
procedure, including, but not limited to, distribution licenses, are 
hereby revoked.
    II. Until April 27, 2000, Roque A. Murracciole, 14311 Southwest 88 
Street, Number 406, Miami, Florida 33186, and currently incarcerated at 
the Federal Correctional Facility--Ashland, Inmate Number 41566-004, 
Post Office Box 888716, Ashland, Kentucky 41105, hereby is 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, in whole or in part, and subject to the Regulations. 
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.
    III. After notice and opportunity for comment as provided in 
Sec. 770.15(h) of the Regulations, any person, firm, corporation, or 
business organization related to Muracciole 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. As provided Sec. 787.12(a) of the Regulations, without prior 
disclosure of the facts to and specific authorization of the Office of 
Export Licensing, 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 or to be exported from the United States; (b) 
in any reexport thereof; or (c) in any other transaction which is 
subject to the Export Administration Regulations, if the person denied 
export privileges may obtain any benefit or have any interest in, 
directly or indirectly, any of these transactions.
    V. This Order is effective immediately and shall remain in effect 
until April 27, 2000.
    VI. A copy of this Order shall be delivered to Roque A. Muracciole. 
This Order shall be published in the Federal Register.

    Dated: February 10, 1994.
Eileen M. Albanese,
Acting Director, Office of Export Licensing.
[FR Doc. 94-4091 Filed 2-23-94; 8:45 am]
BILLING CODE 3510-DT-M