[Federal Register Volume 64, Number 27 (Wednesday, February 10, 1999)]
[Notices]
[Page 6608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3275]



[[Page 6608]]

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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Kenneth Broder; Order Denying 
Permission To Apply for or Use Export Licenses

    In the Matter of: Kenneth Broder, Calle Rafael Agusto Sanchez 
No. 22 Torre, Don Roberto Ens, Piantini, Aparto (Post Office Box) 
30298, Santo Domingo, Dominican Republic.

    On February 2, 1998, Kenneth Broder (Broder) was convicted in the 
United States District Court for the Southern District of Florida on, 
inter alia, one count of violating the International Emergency Economic 
Powers Act (50 U.S.C.A. Secs. 1701-1706 (1991 & Supp. 1998)) (IEEPA). 
Broder was convicted of knowingly, willfully, and unlawfully exporting 
and causing to be exported 18 containers of goods to Ria Haina, 
Dominican Republic, which were then transshipped to Havana, Cuba, 
without the required export licenses.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(currently codified at 50 U.S.C.A. app. Secs. 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 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 Administrations 
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)), August 13, 1997 (3 CFR, 1997 Comp. 306 
(1998)), and August 13, 1998 (63 Fed. Reg. 44121, August 17, 1998), 
continued the Export Administration Regulations in effect under the 
IEEPA.
    \2\ Pursuant to appropriate delegations of authority that are 
reflected in the Regulations, 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 IEEPA, 
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 Broder's conviction for violating the 
IEEPA, and following consultations with the Director, Office of Export 
Enforcement, I have decided to deny Broder 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 nine years 
from the date of his conviction. The nine-year period ends on February 
2, 2007. I have also decided to revoke all licenses issued pursuant to 
the Act in which Broder had an interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    I. Until February 2, 2007, Kenneth Broder, Calle Rafael Agusto 
Sanchez No. 22 Torre, Don Roberto Ens, Piantini, Apartado (Post Office 
Box) 30298, Santo Domingo, Dominican Republic, 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 Broder 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. 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 February 2, 2007.
    VI. A copy of this Order shall be delivered to Broder. This order 
shall be published in the Federal Register.

    Dated: February 2, 1999.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 99-3275 Filed 2-9-99; 8:45 am]
BILLING CODE 3510-DT-M