[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Notices]
[Pages 43371-43372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21661]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Jack Allen Baugher; Order 
Denying Permission To Apply For or Use Export Licenses

    In the Matter of: Jack Allen Baugher, 10503 Tieton Drive, 
Yakima, Washington 98908.

    On December 19, 1997, Jack Allen Baugher (Baugher) was convicted in 
the United States District Court for the Eastern District of 
Washington, on two counts of violating the International Emergency 
Economic Powers Act (50 U.S.C.A. Sec. Sec. 1701-1706 (1991 & Supp. 
1998)) (IEEPA) and two counts of violating Section 38 of the Arms 
Export Control Act (currently codified at 22 U.S.C.A. Sec. 2778 (1990 & 
Supp. 1998)) (AECA). Specifically, Baugher was convicted of knowingly 
and willfully exporting and causing to be exported electronic stun guns 
to Mexico and the Philippines, without obtaining the required export 
licenses from the Department of Commerce, and of knowingly and 
willfully exporting and causing to be exported liquid pepper to Mexico 
and the Philippines, without obtaining the required written 
authorization from the State Department.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(currently codified at 50 U.S.C.A. app. Sec. Sec. 2401-2420 (1991 & 
Supp. 1998)) (the Act),\1\ provides that, at the discretion of the 
Secretary of Commerce,\2\ no person convicted of violating the IEEPA or 
the AECA, 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 (currently codified at 15 CFR Parts 730-774 
(1998)) (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 
CFR 1994 Comp. 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 43669, August 
15, 1997), continued the Export Administration Regulations in effect 
under the IEEPA.
    \2\ Pursuant to appropriate delegations of authority, the 
Director, Office of Exporter Services, in consultation with the 
Director, Office of Export Enforcement, exercise the authority 
granted to the Secretary by Section 11(h) of the Act.
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    Pursuant to Section 766.25 and 750.8(a) of the Regulations, upon 
notification that a person has been convicted of violating the IEEPA or 
the AECA, 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 or the Regulations, and shall also determine whether to revoke 
any license previously issued to such a person.
    Having received notice of Baugher's conviction for violating the 
IEEPA and the AECA, and following consultations with the Acting 
Director, Office of Export Enforcement, I have decided to deny Baugher 
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 eight years from the date of his 
conviction. The eight-year period ends on December 19, 2005. I have 
also decided to revoke all licenses issued pursuant to the Act in which 
Baugher had an interest at the time of his conviction.
    Accordingly, it is hereby

Ordered

    I. Until December 19, 2005, Jack Allen Baugher, 10503 Teiton Drive, 
Yakima, Washington 98908, 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 do, directly or indirectly, 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 or 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 Baugher by affiliation, ownership, 
control, or position or responsibility in the conduct of trade or 
related services may also be subject to the provisions of this Order.
    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 the 
effect until December 19, 2005.
    VI. A copy of this Order shall be delivered to Baugher. This Order 
shall be published in the Federal Register.


[[Page 43372]]


    Dated: August 3, 1998.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 98-21661 Filed 8-12-98; 8:45 am]
BILLING CODE 3510-DT-M