[Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)]
[Notices]
[Pages 32300-32302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15126]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
[Docket Nos. 5103-01; 5104-01; 5105-01]
Decision and Order
In the matter of: Waldemar Znamierowski, Krzwinska Str., 16/1,
03-324, Warsaw, Poland; Paul A. Prandecki a/k/a Paul Prand, 3178 El
Centro Circle, Las Vegas, Nevada 89121 and Beta Computer Trading
Pte. Limited, One Rockor Canal Road, Sim Lin Square #06-67,
Singapore 0718; Respondents.
On May 31, 1955, the Administrative Law Judge (ALJ) entered his
Recommended Decision and Order in the above-referenced matters. The
Recommended Decision and Order, a copy of which is attached hereto and
made a part hereof, has been referred to me for final action. After
describing the facts of the case and his findings based on those facts,
the ALJ found that the Respondents Znamierowski and Prandecki had
violated Section 787.2 of the Export Administration Regulations (EAR)
by causing, aiding and abetting the export of three U.S.-origin Apollo
computer workstations from the United States through Singapore to
Poland without obtaining the validated export licenses required by
Section 772.1 of the EAR. The ALJ also found that the Respondent Beta
Computer Trading PTE, Limited reexported three U.S.-origin Apollo
computer workstations from Singapore to Poland without obtaining from
the Department of Commerce the reexport authorization required by
Section 774.1 of the EAR.
The ALJ found that the appropriate penalty for the violations
should be that the Respondents and all successors, assignees, officers,
representatives, agents and employees be denied for a period of ten
years from this date all privileges of participating, directly or
indirectly, in any manner or capacity, in any transaction in the United
States or abroad involving commodities or technical data exported or to
be exported from the United States and subject to the Export
Administration Regulations.
Based on my review of the entire record, I affirm the Recommended
Decision and Order of the Administrative Law Judge.
This constitutes final agency action in this matter.
Dated: June 13, 1995.
William A. Reinsch,
Under Secretary for Export Administration.
Recommended Decision and Order
On December 9, 1993, the Office of Export Enforcement, Bureau of
Export Administration, U.S. Department of Commerce (Department), issued
separate charging letters against Paul A. Prandecki, also known as Paul
Prand (Prandecki); Beta Computer Trading Pte. Limited (Beta Computer);
and Waldemar Znamierowski (Znamierowski) (hereinafter collectively
referred to as respondents). None of the respondents
[[Page 32301]] answered or otherwise responded to the charging letters.
On April 17, 1995, I issued an Order finding that Znamierowski was
in default for failing to file an answer to the charging letter and
directing the Department to make the submission required by Section
788.8 of the Export Administration Regulations (currently codified at
15 C.F.R. Parts 768-799 (1995)) (the Regulations), by May 17, 1995. On
April 18, 1995, I issued separate Orders against Prandecki and Beta
Computer, finding both of them in default for failing to answer the
charging letters issued against them and directing the Department to
make the submission required by Section 788.8 of the Regulations by May
18, 1995. On April 19, 1995, I issued Corrected Orders in Prandecki and
Beta Computer directing the Department to make its submissions by May
19, 1995.
On May 5, 1995, the Department filed a motion to consolidate these
matters and requested that it be provided to May 19, 1995 to file a
single default submission addressing the allegations against all three
respondents in a single pleading. On May 8, 1995, I granted the
Department's motion. In accordance with that Order, on May 19, 1995,
the Department submitted its Default Submission, together with
supporting evidence.
Background
In the December 9, 1993 charging letters, the Department alleged
that Prandecki and Znamierowski caused, aided, and abetted the export
of three U.S.-origin Apollo computer workstations from the United
States through Singapore to Poland without obtaining from the
Department the validated export license required by Section 772.1(b) of
the Regulations. The Department charged that, by causing, aiding, and
abetting the doing of an act prohibited by 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\ or any
regulation, order, or license issued under the Act, Prandecki and
Znamierowski each committed one violation of Section 787.2 of the
Regulations, involving commodities controlled for reasons of national
security under Section 5 of the Act.
\1\The Act expired on August 20, 1994. Executive Order No. 12924
(59 FR 43437, August 23, 2994) continued the Regulations in effect
under the International Emergency Economic Powers Act (50 U.S.C.A.
Secs. 1701-1706 (1991)).
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In the December 9, 1993 charging letter issued against Beta
Computer, the Department alleged that Beta Computer reexported three
U.S.-origin Apollo computer workstations from Singapore to Poland
without obtaining from the Department the reexport authorization
required by Section 774.1 of the Regulations. The Department charged
that, by reexporting commodities to any person or destination in
violation of or contrary to the terms of the Act, or any regulation,
order, or license issued under the Act, Beta Computer committed one
violation of Section 787.6 of the Regulations, involving commodities
controlled for reasons of national security under Section 5 of the Act.
On the basis of the Department's submission and all of the
supporting evidence presented, I have determined that Prandecki,
Znamierowski, and Beta Computer committed the violations alleged in the
separate charging letters issued against them.
For those violations, the Department urged as a sanction that the
export privileges of Prandecki, Znamierowski, and Beta Computer be
denied for 10 years. In light of the nature of the violations, I concur
in the Department's recommendation.
Accordingly, it is Therefore Ordered,
First, that all outstanding individual validated licenses in which
Waldemar Znamierowski, Krzwinska Str., 16.1, 03-32, Warsaw, Poland;
Paul A. Prandecki, a/k/a Paul Prand, 3178 El Centro Circle, Las Vegas,
Nevada 89121; and Beta Computer Trading Pte. Limited, One Rockor Canal
Road, Sim Lim Square #06-67, Singapore 0718, appear or participate, in
any manner or capacity, are hereby revoked and shall be returned
forthwith to the Office of Exporter Services for cancellation. Further,
all of the privileges of Prandecki, Znamierowski, and Beta Computer to
participate, in any manner or capacity, in any special licensing
procedure, including, but not limited to, distribution licenses, are
hereby revoked.
Second, that Waldemar Znamierowski, Krzwinska Str., 16/1, 03-32,
Warsaw, Poland; Paul A. Prandecki, a/k/a Paul Prand, 3178 El Centro
Circle, Las Vegas, Nevada 89121; and Beta Computer Trading Pte.
Limited, One Rockor Canal Road, Sim Lim Square #06-67, Singapore 0718
(collectively referred to as respondents), and all of their successors,
assigns, officers, representatives, agents, and employees, shall for a
period of 10 years from the date of final agency action, 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. 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.
B. After notice and opportunity for comment as provided in Section
788.3(c) of the Regulations, any person, firm, corporation, or business
organization related to any of the respondents by affiliation,
ownership, control, or position of responsibility in the conduct of
trade related services may also be subject to the provisions of this
Order.
C. As provided by Section 787.12(a) of the Regulations, without
prior disclosure of the facts to and specific authorization of the
Office of Exporter Services, 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. [[Page 32302]]
Third, that a copy of this Order shall be served on each of the
respondents and on the Department.
Fourth, that this Order, as affirmed or modified, shall become
effective upon entry of the final action by the Under Secretary for
Export Administration, in accordance with the Act (50 U.S.C.A. app.
Sec. 2412(c)(1)) and the Regulations (15 CFR 788.23).
Dated: May 31, 1995.
Edward J. Kuhlmann,
Administrative Law Judge.
To be considered in the 30 day statutory review process which is
mandated by Section 13(c) of the Act, submissions must be received in
the Office of the Under Secretary for Export Administration, U.S.
Department of Commerce, 14th & Constitution Ave., N.W., Room 3898B,
Washington, D.C., 20230, within 12 days. Replies to the other party's
submission are to be made within the following 8 days. 15 CFR
788.23(b), 50 FR 53134 (1985). Pursuant to Section 13(c)(3) of the Act,
the order of the final order of the Under Secretary may be appealed to
the U.S. Court of Appeals for the District of Columbia within 15 days
of its issuance.
Certificate of Mailing
I certify that I have sent the attached document by first class
U.S. mail, postage prepaid, to the following persons:
By Registered Mail to:
R 861 601 782
Waldemar Znamierowski, Krzwinska Str., 16/1, 03-324, Warsaw, Poland
By Registered Mail to:
R 861 601 783
Beta Computer Trading Pte. Limited, One Rockor Canal Road, Sim Lim
Square #06-67, Singapore 0718, attn: Kelvin C.S. Teo, Managing Director
By Certified Mail to:
P 067 861 636
Paul A. Prandecki a/k/a Paul Prand, 3178 El Centro Circle, Las Vegas,
Nevada 89121
By Certified Mail to:
P 067 861 637
Thomas C. Barbour, Senior Trial Attorney, Office of Chief Counsel for
Export Administration, U.S. Department of Commerce, Room H-3839, 14th &
Constitution Avenue NW., Washington, D.C. 20230.
Dated: May 31, 1995.
Williemae Waddell,
Support Services Assistant.
[FR Doc. 95-15126 Filed 6-20-95; 8:45 am]
BILLING CODE 3510-DT-M