[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Notices]
[Pages 48099-48100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23060]



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DEPARTMENT OF COMMERCE
Bureau of Export Administration 9-18
[Docket No. 1107-07]


In the Matter of: Herman Van Croonenburg, Urb. El Paraiso, Parc. 
145--Villa Favorita, E-29680 Estepona--Malaga, Spain; Respondent; Final 
Decision and Order

    On August 22, 1995, the Administrative Law Judge (ALJ) entered his 
Recommended Decision and Order in the above-referenced matter. 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 Respondent on four separate 
occasions reexported U.S.-origin commodities from Switzerland to 
Austria, without obtaining the reexport authorization required by 
Section 774.1 of the Export Administration Regulations.
    The ALJ recommended that the appropriate penalty for the violations 
should be that the Respondent and all successors, assignees, officers, 
representatives, agents and employees be denied for a period of fifteen 
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 record in this proceeding, I AFFIRM the 
Recommended Decision and Order of the Administrative Law Judge.
    This constitutes final agency action in this matter.

    Dated: September 4, 1995.
William A. Reinsch,
Under Secretary for Export Administration.
Recommended Decision and Order

    On August 30, 1991, the Office of Export Enforcement, Bureau of 
Export Administration, U.S. Department of Commerce (Department), issued 
a Charging Letter alleging that Herman Anton van Croonenburg (van 
Croonenburg) committed four violations of Section 787.6 of the Export 
Administration Regulations (currently codified at 15 CFR Parts 768-799 
(1995)) (the Regulations), issued pursuant to the Export Administration 
Act of 1979, as amended (50 U.S.C.A. app. Sec. Sec. 2401-2420 (1991, 
Supp. 1993, and Pub. L. No. 103-277, July 5, 1994)) (the Act).\1\ On 
November 4, 1991, van Croonenburg answered the Charging Letter, but did 
not request a hearing.\2\

    \1\ The Act expired on August 20, 1994. Executive Order 12924 
(59 FR 43437, August 23, 1994) continued the Regulations in effect 
under the International Emergency Economic Powers Act (50 U.S.C. 
Sec. Sec. 1701-1706 (1991)).
    \2\ Indeed, other than his answer, van Croonenburg has not filed 
any pleadings or responded either to any of my Orders or any of the 
Department's pleadings in this matter.
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    On September 6, 1991, this matter was consolidated with several 
other related matters and has proceeded through the administrative 
process since that time. On March 22, 1995, I issued an Order urging 
the parties to begin settlement discussions and directed the parties to 
report to me regarding the progress of those discussions. On April 5, 
1995, in accordance with that Order, the Department wrote to van 
Croonenburg to determine if he was interested in pursuing a possible 
settlement in this matter. To date, van Croonenburg has not responded 
to the Department's offer to discuss a possible settlement. However, 
settlement discussions in several of the other 

[[Page 48100]]
related matters were successful. On June 19, 1995, following the 
submission of settlement proposals in these other related proceedings, 
I issued an Order directing the Department to file the submission 
required under Section 788.14 of the Regulations by August 18, 1995 
against van Croonenburg. In accordance with that Order, the Department 
made the submission required by Section 788.14 of the Regulations on 
August 18, 1995.

Background

    The August 30, 1991 Charging Letter alleges that, on four separate 
occasions between on or about September 2, 1986 and on or about June 8, 
1987, van Croonenburg, in his capacity as President of Marli S.A. 
(Marli),\3\ reexported U.S.-origin commodities from Switzerland to 
Austria without first obtaining the reexport authorization required by 
Section 774.1 of the Regulations. Schedule A to the Charging Letter, 
which was attached thereto and incorporated by reference therein, 
identifies the approximate date of reexport from Switzerland to 
Austria, the commodity involved, the Samata S.A. (Samata) Purchase 
Order number, the House Air Waybill number for the exports from 
Switzerland to Austria that were made by air.

    \3\ A Charging Letter was also issued against Marli. However, on 
January 6, 1992, after several attempts to serve Marli has failed, 
the Department withdrew that Charging Letter after it determined 
that Marli had ceased to exist. See Notice of Withdrawal of Charging 
Letter, filed January 6, 1992.
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Finding

    On the basis of the Department's submission and all of the 
supporting evidence presented, I have determined that van Croonenburg 
committed the violations alleged in the Charging Letter issued against 
him on August 30, 1991.
    For those violations, the Department urges as a sanction that van 
Croonenburg's export privileges be denied for 15 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 
van Croonenburg 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 van Croonenburg'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, that Herman van Croonenburg, Urb. El Paraiso, Parc. 145--
Villa Favorita, E-29680 Estepona--Malaga, Spain, and all of his 
successors, assigns, officers, representatives, agents, and employees, 
shall, for a period of 15 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 the respondent 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 a copy of this Order shall be served on van Croonenburg 
and the Department in accordance with Section 788.16(b)(2) of the 
Regulations.
    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).


    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., NW., Room 389B, 
Washington, DC 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.

    Dated: August 22, 1995.
Edward J. Kuhlmann,
Administrative Law Judge.
[FR Doc. 95-23060 Filed 9-15-95; 8:45 am]
BILLING CODE 3510-DT-M