[Federal Register Volume 60, Number 183 (Thursday, September 21, 1995)]
[Notices]
[Pages 48961-48962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23361]



 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 60, No. 183 / Thursday, September 21, 1995 / 
Notices  

[[Page 48961]]


DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; David Brownhill; Order 
Denying Permission To Apply for or Use Export Licenses

    On October 6, 1993, David Brownhill (Brownhill) was convicted in 
the U.S. District Court for the Eastern District of New York of 
violating the International Emergency Economic Powers Act (50 U.S.C.A. 
1701-1706 (1991)) (IEEPA). Specifically, Brownhill was convicted of 
knowingly and willfully attempting to export and causing to be 
exported, from the United States to Republic of South Africa, three 
polygraph machines and one MCM component part, without having first 
obtained the required validated export license.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(50 U.S.C.A. app. Secs. 2401-2420 (1991, Supp. 1993, and Pub. L. 103-
277, July 5, 1994)) (the Act),\1\ provides that, at the discretion of 
the Secretary of Commerce,\2\ no person convicted of violating the 
IEEPA, or certain other provisions of the United States Code, shall be 
eligible to apply for or use any export license issued pursuant to, or 
provided by, the Act or the Export Administration Regulations 
(currently codified at 15 CFR Parts 768-799 (1995)) (the Regulations) 
for a period of up to 10 years from the date of the conviction. In 
addition, any export license issued pursuant to the Act in which such a 
person had any interest at the time of conviction may be revoked.

    \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.A. 1701-
1706 (1991)).
    \2\Pursuant to appropriate delegations of authority that are 
reflected in the Regulations, the Director, Office of Export 
Licensing, in consultation with the Director, Office of Export 
Enforcement, exercises the authority granted to the Secretary by 
Section 11(h) of the Act. Because of a recent Bureau of Export 
Administration reorganization, this responsibility now rests with 
the Director, Office of Exporter Services. Subsequent regulatory 
references herein to the ``Director, Office of Export Licensing,'' 
should be read as meaning ``Director, Office of Exporter Services.''
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    Pursuant to Sections 770.15 and 772.1(g) of the Regulations, upon 
notification that a person has been convicted of violating the IEEPA, 
the Director, Office of Export Licensing, in consultation with the 
Director, Office of Export Enforcement, shall determine whether to deny 
that person permission to apply for or use any export license issued 
pursuant to, or provided by, the Act and the Regulations, and shall 
also determine whether to revoke any export license previously issued 
to such a person.
    Having received notice of Brownhill's conviction for violating the 
IEEPA, and following consultations with the Director, Office of Export 
Enforcement, I have decided to deny Brownhill permission to apply for 
or use any export license, including any general license, issued 
pursuant to, or provided by, the Act and the Regulations, for a period 
of 10 years from the date of his conviction. The 10-year period ends on 
October 6, 2003. I have also decided to revoke all export licenses 
issued pursuant to the Act in which Brownhill had an interest at the 
time of his conviction.
    Accordingly, it is hereby Ordered
    I. All outstanding individual validated licenses in which Brownhill 
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 Brownhill's privileges of participating, 
in any manner or capacity, in any special licensing procedure, 
including, but not limited to, distribution licenses, are hereby 
revoked.
    II. Until October 6, 2003, David Brownhill, 13 Robin Road, 
Northcliff Ext. 12, Johannesburg, South Africa, hereby is 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, in whole or in part, and subject to the Regulations. 
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.
    III. After notice and opportunity for comment as provided in 
Section 770.15(h) of the Regulations, any person, firm, corporation, or 
business organization related to Brownhill 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.
    IV. As provided in 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 

[[Page 48962]]
obtain any benefit or have any interest in, directly or indirectly, any 
of these transactions.

    V. This Order is effective immediately and shall remain in effect 
until October 6, 2003.

    VI. A copy of this Order shall be delivered to Brownhill. This 
Order shall be published in the Federal Register.

    Dated: September 11, 1995.

Eileen M. Albanese,

Acting Director, Office of Export Services.

[FR Doc. 95-23361 Filed 9-20-95; 8:45 am]

BILLING CODE 3510-DT-M