[Federal Register Volume 62, Number 213 (Tuesday, November 4, 1997)]
[Notices]
[Pages 59654-59656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29144]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration
    In the Matter of: Ben H. Attia, also known as Adnan Attia, 
individually with an address at 1614 Nine Island Boulevard, Miami 
Beach, FL 33134 and doing business as General Polyphase, Inc., with 
an address at 15 Rue de Kamel Attaturk 1001 Tunis, Tunisia, 
(Respondents).

[[Page 59655]]


Recommended Decision and Order

Decision and Order

    The Administrative Law Judge (ALJ) has entered a Recommended 
Decision and Order in the above-referenced matter. As provided by 
Section 766.22 of the Export Administration Regulations (15 CFR Parts 
730-774 (1997)) (the Regulations),\1\ issued pursuant to the Export 
Administration Act of 1979, as amended (50 U.S.C.A. App. 2401-2420 
(1991 & Supp. 1997)) (the Act),\2\ the Recommended Decision and Order 
has been referred to me for final action.
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    \1\ The Regulations were restructured and reorganized effective 
April 24, 1996 (61 FR 12714, March 25, 1996). Those Regulations, now 
codified at 15 CFR Parts 730-774, establish the procedures that 
apply to this matter.
    \2\ The Act expired on August 20, 1994. Executive Order 12924 (3 
CFR, 1994 Comp., p. 917 (1995)), extended by Presidential Notices of 
August 15, 1995 (3 CFR, 1995 Comp. 501 (1996)), August 14, 1996 (3 
CFR, 1996 Comp. 298 (1997)), and August 13, 1997 (62 FR 43629, 
August 15, 1997) continued the Regulations in effect under the 
International Emergency Economic Powers Act (50 U.S.C.A. 
Sec. Sec. 1701-1706 (1991 & Supp. 1997)).
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    On April 16, 1996, the Office of Export Enforcement, Bureau of 
Export Administration, United States Department of Commerce (BXA), 
issued a charging letter initiating an administrative proceeding 
against Ben H. Attia, also known as Adnan Attia, individually and doing 
business as General Polyphase, Inc. (hereinafter collectively referred 
to as Attia). The charging letter alleged that Attia committed three 
violations of the former Regulations.\3\
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    \3\ The Regulations governing the violations at issue are found 
in the 1992 version of the Code of Federal Regulations (15 CFR Parts 
768-799 (1992)). Those Regulations define the violations that BXA 
alleges occurred and are referred to hereinafter as the former 
Regulations.
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    Specifically, the charging letter alleged that, on or about July 
31, 1992, Attia exported 22 ballistic shields from the United States to 
Tunisia without obtaining from BXA the validated license Attia knew or 
had reason to know was required, in violation of Sections 787.4(a) and 
787.6 of the former Regulations, and that in connection with the 
unauthorized export described above, Attia made false or misleading 
statements of material fact to a U.S. Government agency in connection 
with the preparation, submission, issuance, use or maintenance of a 
Shipper's Export Declaration, defined by the former Regulations as an 
export control document, in violation of Section 787.5(a) of the former 
Regulations.
    The charging letter was served on Attia on April 20, 1996. Attia 
failed to answer or otherwise respond to the charging letter within 30 
days, as required by Section 787.2 of the former Regulations.\4\ 
Pursuant to the default procedures set forth in Section 766.7 of the 
Regulations, BXA moved that the ALJ find the facts to be as alleged in 
the charging letter and render a Recommended Decision and Order.
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    \4\ At the time BXA issued its charging letter against Attia, 
the former Regulations applied to administrative proceedings. Since 
that time, as noted in footnote 1, BXA published revised 
regulations, effective April 24, 1996, which govern the procedures 
now applicable to the matters set forth in the charging letter.
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    Following BXA's motion, the ALJ issued a Recommended Decision and 
Order in which he found the facts to be as alleged in the charging 
letter served on Attia. The ALJ also found, based on those facts, that 
Attia violated Sections 787.4(a), 787.5(a), and 787.6 of the former 
Regulations by exporting ballistic shields from the United States to 
Tunisia without obtaining from the Department the validated license 
Attia knew or had reason to know was required by the Regulations, and 
by making false or misleading statements of material fact to a U.S. 
government agency in connection with the preparation, submission, 
issuance, use or maintenance of an export control document.
    The ALJ also recommended that the appropriate penalty to be imposed 
against Attia for these violations is a denial, for a period of 15 
years, of all of Attia's privileges of participating, directly or 
indirectly, in any manner or capacity, in any transaction in the United 
States or abroad involving commodities, software or technology exported 
or to be exported from the United States and subject to the 
Regulations.
    Based on my review of the entire record, I affirm the findings of 
fact and conclusions of law in the Recommended Decision and Order of 
the Administrative Law Judge.
    Accordingly, it is therefore ordered:
    First, that, for a period of 15 years from the date of this Order, 
Ben H. Attia, also known as Adnan Attia, individually with an address 
at 1614 Nine Island Boulevard, Miami Beach, FL 33134, and doing 
business as General Polyphase, Inc., with an address at 15 rue de Kamel 
Attaturk, 1001 Tunis, Tunisia, and all successors, assignees, officers, 
representatives, agents and employees, 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.
    Second, that 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 that 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 it 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.
    Third, that, after notice and opportunity for comment as provided 
in

[[Page 59656]]

Section 766.23 of the Regulations, any person, firm, corporation, or 
business organization related to the denied person by affiliation, 
ownership, control, or position of responsibility in the conduct of 
trade or related services may also be made subject to the provisions of 
this Order.
    Fourth, that 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.
    Fifth, that a copy of this Order shall be served on Attia and on 
BXA, and shall be published in the Federal Register.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.

    Dated: October 30, 1997.
William A. Reinsch,
Under Secretary for Export Administration.
[FR Doc. 97-29144 Filed 11-3-97; 8:45 am]
BILLING CODE 3510-DT-M