[Federal Register Volume 59, Number 102 (Friday, May 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12977]


[[Page Unknown]]

[Federal Register: May 27, 1994]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

 

Action Affecting Export Privileges; H. Leonard Berg

    In the matter of: H. Leonard Berg, 750 Kappock Street, Apartment 
103, Bronx, New York 10463 and currently incarcerated at: U.S. 
Bureau of Prisons, Low Security Correctional Institution, Allenwood, 
White Deer, Pennsylvania 17887.

Order Denying Permission To Apply For or Use Export Licenses

    On January 29, 1992, H. Leonard Berg (hereinafter referred to as 
``Berg'') was convicted in the U.S. District Court for the Eastern 
District of New York of, among other crimes, four counts of violating 
the Arms Export Control Act (22 U.S.C.A. 2778 (1990, Supp. 1993)) (the 
``AECA''), for exporting night vision devices to Argentina and the 
Soviet Union and for exporting firearms and ammunition to Iraq and 
Poland, without obtaining the required licenses or written approval 
from the U.S. Department of State. Section 11(h) of the Export 
Administration Act of 1979, as amended (50 U.S.C.A. app. Secs. 2401-
2420 (1991, Supp. 1993, and Public Law 103-10, March 27, 1993)) (the 
``EAA''), provides that, at the discretion of the Secretary of 
Commerce,\1\ no person convicted of violating the AECA, 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 wit 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 AECA, 
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 Berg's conviction for 
violating the AECA, and following consultations with the Director, 
Office of Export Enforcement, I have decided to deny Berg 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 January 29, 2002. I have also decided to revoke all export 
licenses issued pursuant to the EAA in which Berg had an interest at 
the time of his conviction.
    Accordingly, it is hereby Ordered
    I. All outstanding individual validated licenses in which Berg 
appears or participates, in any manner of capacity, are hereby revoked 
and shall be returned forthwith to the Office of Export Licensing for 
cancellation. Further, all of Berg'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 January 29, 2002, H. Leonard Berg, 750 Kappock Street, 
Apartment 103, Bronx, New York 10463, and currently incarcerated at 
U.S. Bureau of Prisons, Low Security Correctional Institution--
Allenwood, White Deer, Pennsylvania 17887, 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 Berg 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 in 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 January 29, 2002.
    VI. A copy of this Order shall be delivered to H. Leonard Berg. 
This Order shall be published in the Federal Register.

    Dated: May 12, 1994.
Eileen M. Albanese,
Acting Director, Office of Export Licensing.
[FR Doc. 94-12977 Filed 5-26-94; 8:45 am]
BILLING CODE 3510-DT-M