[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31154]


[[Page Unknown]]

[Federal Register: December 19, 1994]


                                                   VOL. 59, NO. 242

                                          Monday, December 19, 1994

DEPARTMENT OF COMMERCE

Bureau of Export Administration

 

Action Affecting Export Privileges; Rajeev Sharma, Individually 
and Formerly Doing Business as Libra Electronics, Inc.

    In the Matter of: Rajeev Sharma, individually and formerly doing 
business as Libra Electronics, Inc.; Respondent.

Order

    The Office of Export Enforcement, Bureau of Export Administration, 
United States Department of Commerce (Department), having notified 
Rajeev Sharma, individually and formerly doing business as Libra 
Electronics, Inc. (hereinafter collectively referred to as Sharma), of 
its intention to initiate an administrative proceeding against him 
pursuant to Section 13(c) of the Export Administration Act of 1979, as 
amended (50 U.S.C.A. app. Secs. 2401-2420 (1991, Supp. 1993, and Pub. 
L. No. 103-277, July 5, 1994)) (the Act),\1\ and Part 788 of the Export 
Administration Regulations (the Regulations), based on allegations 
that, on four separate occasions between approximately May 4, 1988 and 
approximately July 13, 1988, Sharma exported U.S.-origin computers and 
accessories from the United States to Australia, without obtaining the 
validated licenses required by Section 772.1(b) of the Regulations;
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    \1\The Act expired on August 20, 1994. Executive Order 12934 (59 
FR 43437 (1994)) continued the Export Administration Regulations 
(currently codified at 15 CFR Parts 768-799 (1994)) in effect under 
the International Emergency Economic Powers Act (50 U.S.C.A. 
Secs. 1701-1706 (1991)).
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    The Department and Sharma having entered into a Consent Agreement 
whereby the Department and Sharma have agreed to settle this matter in 
accordance with the terms and conditions set forth therein and the 
terms of the Consent Agreement having been approved by me;
    It is therefore ordered, that, first, a civil penalty of $20,000 is 
assessed against Sharma. Payment of the $20,000 civil penalty shall be 
suspended in its entirety for a period of two years beginning on the 
date of entry of this Order, and shall thereafter be waived provided 
that, during the period of suspension, Sharma has committed no 
violation of the Act or any regulation, order, or license issued under 
the Act.
    Second, Rajeev Sharma, individually and formerly doing business as 
Libra Electronics, Inc., 5255 Via Cartagena, Yorba Linda, California 
92687, shall, for a period of two years from the date of entry of this 
Order, be 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 and subject to the Regulations.
    A. All outstanding individual validated export licenses in which 
Sharma appears or participates, in any manner or capacity, are hereby 
revoked and shall be returned forthwith to the Office of Export 
Licensing for cancellation. Further, all of Sharma's privileges of 
participating, in any manner or capacity, in any special licensing 
procedure, including, but not limited to, distribution licenses, are 
hereby revoked.
    B. 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.
    C. After notice and opportunity for comment as provided in 
Sec. 788.3(c) of the Regulations, any person, firm, corporation, or 
business organization related to Sharma 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.
    D. As provided by 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 Regulations, if the person denied export privileges may 
obtain any benefit or have any interest in, directly or indirectly, any 
of these transactions.
    Third, the proposed Charging Letter, the Consent Agreement and this 
Order shall be made available to the public, and this Order shall be 
published in the Federal Register.
    This Order is effective immediately.

    Entered this 9th day of December, 1994.
John Despres,
Assistant Secretary for Export Enforcement.
[FR Doc. 94-31154 Filed 12-16-94; 8:45 am]
BILLING CODE 3510-DT-M