[Federal Register Volume 62, Number 91 (Monday, May 12, 1997)]
[Notices]
[Pages 25888-25889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12322]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Aluru J. Prasad; Order 
Denying Permission To Apply for or Use Export Licenses

    On December 9, 1996, following a plea of no contest, Aluru J. 
Prasad (Prasad) was convicted in the United States District Court for 
the District of Massachusetts of violating Section 793(b) of the 
Espionage Act (18 U.S.C.A. 792-799 (1976 & Supp. 1997)). Prasad was 
convicted of knowingly and willfully attempting to obtain classified 
information connected with the national defense of the United States 
for the Union of Soviet Socialist Republics.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(50 U.S.C.A. app. Secs. 2401-2420 (1991 & Supp. 1997)) (the Act,\1\ 
provides that, at the discretion of the Secretary of Commerce,\2\ no 
person convicted of violating the Espionage Act, or certain other 
provisions of the United States Code, shall be eligible to apply for or 
use any license, including any License Exception, issued pursuant to, 
or provided by, the Act or the Export Administration Regulations (61 FR 
12734-13041, March 25, 1996, to be codified at 15 C.F.R. Parts 730-774) 
(the Regulations), for a period of up to 10 years from the date of the 
conviction. In addition, any license issued pursuant to the Act in 
which such a person had any interest at the time of conviction may be 
revoked.
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    \1\ The Act expired on August 20, 1994. Executive Order 12924 (3 
C.F.R., 1994 Comp. 917 (1995)), extended by Presidential Notices of 
August 15, 1995 (3 C.F.R., 1995 Comp. 501 (1996)) and August 14, 
1996 (61 FR 42527, August 15, 1996), continued the Export 
Administration Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C.A. Secs. 1701-1706 (1991 & 
Supp. 1997)).
    \2\ Pursuant to appropriate delegations of authority, the 
Director, Office of Exporter Services, in consultation with the 
Director, Office of Export Enforcement, exercises the authority 
granted to the Secretary by Section 11(h) of the Act.
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    Pursuant to Sections 766.25 and 750.8(a) of the Regulations, upon 
notification that a person has been convicted of violating the 
Espionage Act, the Director, Office of Exporter Services, in 
consultation with the Director, Office of Export Enforcement, shall 
determine whether to deny that person permission to apply for or use 
any license, including any License Exception, issued pursuant to, or 
provided by, the Act and the Regulations, and shall also determine 
whether to revoke any license previously issued to such a person.
    Having received notice of Prasad's conviction for violating the 
Espionage Act, and following consultations with the Acting Director, 
Office of Export Enforcement, I have decided to deny Prasad permission 
to apply for or use any license, including any License Exception, 
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 December 9, 2006. I have also decided to revoke all licenses 
pursuant to the Act in which Prasad had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered;
    I. Until December 9, 2006, Aluru J. Prasad, Road #10, Benjara 
Hills, Hyderabad, India, may not, directly or indirectly, participate 
in any way, in any transaction involving any commodity, software or 
technology (hereinafter collectively referred to as ``item'') exported 
or to be exported from the United States, that is subject to the 
Regulations, or in any other activity subject to the Regulations, 
including but not limited to:
    A. Applying for, obtaining, or using any license, License 
Exception, or export control document;
    B. Carrying on negotiations concerning, or ordering, buying, 
receiving, using, selling, delivering, storing, disposing of, 
forwarding, transporting, financing, or otherwise servicing in any way, 
any transaction involving any item exported or to be exported from the 
United States that is subject to the Regulations, or in any other 
activity subject to the Regulations; or
    C. Benefiting in any way from any transaction involving any item 
exported or to be exported from the United States that is subject to 
the Regulations, or in any other activity subject to the Regulations.
    II. No person may directly or indirectly, do any of the following:
    A. Export or reexport to or on behalf of the denied person any item 
subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the denied person of the ownership, possession, or 
control of any item subject to the Regulations that has been or will be 
exported from the United States, including financing or other support 
activities related to a transaction whereby the denied person acquires 
or attempts to acquire such ownership, possession or control;
    C. Take any action to acquire from or to facilitate the acquisition 
or attempted acquisition from the denied person of any item subject to 
the Regulations that has been exported from the United States;
    D. Obtain from the denied person in the United States any item 
subject to the Regulations with knowledge or reason to know that the 
item will be, or is intended to be, exported from the United States; or
    E. Engage in any transaction to service any item subject to the 
Regulations that has been or will be exported from the United States 
and which is owned, possessed or controlled by the denied person, or 
service any item, of whatever origin, that is owned, possessed or 
controlled by the denied person if such service involves the use of any 
item subject to the Regulations that has been or will be exported from 
the United States. For purposes of this paragraph, servicing means 
installation, maintenance, repair, modification or testing.
    III. After notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any person, firm, corporation, or 
business organization related to Prasad 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.

[[Page 25889]]

    IV. This Order does not prohibit any export, reexport, or other 
transaction subject to the Regulations where the only items involved 
that are subject to the Regulations are the foreign-produced direct 
product of U.S.-origin technology.
    V. This Order is effective immediately and shall remain in effect 
until December 9, 2006.
    VI. A copy of this Order shall be delivered to Prasad.
    This Order shall be published in the Federal Register.

    Dated: April 30, 1997.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 97-12322 Filed 5-9-97; 8:45 am]
BILLING CODE 3510-DT-M