[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Notices]
[Pages 34506-34507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16224]



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

DEPARTMENT OF COMMERCE
[Docket No. 2115-01-02]


Decision and Order

    In the Matter of Elizabeth Drive Liquidation Corporation, 
formerly known as Imagraph Corporation, 11 Elizabeth Drive, 
Chelmsford, Massachusetts 01824, Respondent.

    On November 13, 1992, the Office of Export Enforcement, Bureau of 
Export Administration, United States Department of Commerce 
(Department), issued a charging letter against Elizabeth Drive 
Liquidation Corporation, formerly doing business as Imagraph 
Corporation (Elizabeth Drive), alleging that Elizabeth Drive violated 
Sections 787.5(a) 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\ alleging 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) During the period from approximately August 31, 1987 through on 
or about December 5, 1987, Elizabeth Drive exported U.S.-origin 
technical data by releasing the technical data in the United States to 
a person that was not a citizen or permanent resident of the United 
States, without the validated license required by Section 772.1(b) of 
the Regulations, in violation of Section 787.6 of the Regulations; and
    (2) on five separate occasions between on or about April 28, 1989, 
and on or about June 8, 1989, Elizabeth Drive made false or misleading 
representations to the Department concerning the ultimate consignee on 
export license applications, in violation of Section 787.5(a) of the 
Regulations.
    Elizabeth Drive filed an answer to the charging letter. After the 
answer was filed, the Department and Elizabeth Drive 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.

[[Page 34507]]

    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 
Elizabeth Drive Liquidation Corporation, 11 Elizabeth Drive, 
Chelmsford, Massachusetts 01824, 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 Elizabeth 
Drive'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, Elizabeth Drive Liquidation Corporation, 11 Elizabeth 
Drive, Chelmsford, Massachusetts 01824, and all its successors or 
assigns, and officers, representatives, agents, and employees when 
acting on behalf of Elizabeth Drive or any successors or assigns, 
shall, for a period of one year 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 Elizabeth Drive 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 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.
    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 Elizabeth Drive 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. 95-16224 Filed 6-30-95; 8:45 am]
BILLING CODE 3510-DT-M