[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Notices]
[Pages 34504-34505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16219]



-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
Bureau of Export Administration
[Docket No. 1107-01]


Decision and Order

    In the Matter of: American Technology Trading Group, 44 
Montgomery Street, Suite 500, San Francisco, California 94104, 
Respondent.


[[Page 34505]]

    On August 27, 1991, the Office of Export Enforcement, Bureau of 
Export Administration, United States Department of Commerce 
(Department), issued a Charging Letter against American Technology 
Trading Group (ATTG) alleging that ATTG violated Sections 787.4(a), 
787.5(a)(1)(ii), and 787.6 of the Export Administration Regulations 
(currently codified at 15 CFR Parts 768-799 (1995)) (the Regulations), 
issued 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\ The Charging 
Letter alleged that:

    \1\ The Act expired on August 20, 1994. Executive Order No. 
12924 (59 FR 43437, August 23, 1994) continued the Regulations in 
effect under the International Emergency Economic Powers Act (50 
U.S.C.A. Secs. 1701-1706 (1991)).
---------------------------------------------------------------------------

    (1) On 15 separate occasions between on or about August 27, 1986 
through on or about July 29, 1987, ATTG exported U.S.-origin 
commodities contrary to the terms of a distribution license, in 
violation of Section 787.6 of the Regulations;
    (2) In connection with the 15 exports described above, ATTG made 
false statements of material fact to a U.S. agency in connection with 
the preparation, submission, or use of an export control document, in 
violation of Section 787.5(a)(1)(ii) of the Regulations; and
    (3) With respect to each of the 15 exports described above, ATTG 
made the exports with knowledge or reason to know that the exports were 
being made contrary to a prior representation ATTG made to the 
Department, in violation of Section 787.4(a) of the Regulations.
    ATTG answered the Charging Letter, denying the allegations set 
forth therein. After the Answer was filed, the Department and ATTG 
entered into a Consent Agreement pursuant to Section 787.17(a) of the 
Regulations whereby they agreed to settle this matter in accordance 
with the terms and conditions set forth therein;
    The Administrative Law Judge having recommended that I approve the 
terms of the Consent Agreement; and
    After reading and approving those terms;
    It is therefore ordered,
    First, all outstanding individual validated licenses in which 
American Technology Trading Group appears or participates, in any 
manner or capacity, are hereby revoked and shall be returned forthwith 
to the Office of Exporter Services for cancellation. Further, all of 
ATTG's privileges of participating, in any manner or capacity, in any 
special licensing procedure, including, but not limited to, 
distribution licenses, are hereby revoked.
    Second, American Technology Trading Group, 44 Montgomery Street, 
Suite 500, San Francisco, California 94104, and all its successors and 
assigns, and officers, representatives, agents, and employees, shall, 
for a period of ten years from the date 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. 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 ATTG 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.
    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.
    Third, that the Charging Letter, the Answer, the Consent Agreement, 
and this Order shall be made available to the public. A copy of this 
Order shall be served on the Department and ATTG and published in the 
Federal Register.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.

    Entered this 26th day of June, 1995.
William A. Reinsch,
Under Secretary for Export Administration.
[FR Doc. 95-16219 Filed 6-30-95; 8:45 am]
BILLING CODE 3510-DT-M