[Federal Register Volume 64, Number 61 (Wednesday, March 31, 1999)]
[Notices]
[Pages 15344-15345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7881]



[[Page 15344]]

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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Aldrich Hazen Ames, Also 
Known as ``Kolokol'' and as ``K''; Order Denying Permission To Apply 
for or Use Export Licenses

    Aldrich Hazen Ames, also known as ``Kolokol'' and as ``K'' 
currently incarcerated at: Allenwood USP, Inmate Number 40087-083, 
P.O. Box 3500, White Deer, Pennsylvania 17887.

    On April 24, 1994, Aldrich Hazen Ames, also known as ``Kolokol'' 
and as ``K'' (Ames), was convicted in the United States District Court 
for the Eastern District of Virginia on, inter alia, once count of 
violating Section 794(c) of the Espionage Act (18 U.S.C.A. Secs. 792-
799 (1976 & Supp. 1998)). Ames was convicted of unlawfully and 
knowingly combining, conspiring, confederating and agreeing with other 
persons, both known and unknown, including officers of the intelligence 
services of the Union of Soviet Socialist Republics (U.S.S.R.) and 
later Russia, to knowingly and unlawfully communicate, deliver, and 
transmit to a foreign government, that is to U.S.S.R. and Russia, and 
to representatives, officers, and agents thereof, documents, writings, 
and information relating to the national defense of the United States 
with the intent and reason to believe that the same would be used to 
the injury of the United States and to the advantage of the U.S.S.R. 
and Russia.
    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 Sections 793, 794, or 
798 of 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 (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 FR. 44121, August 17, 1998), 
continued the Export Administration Regulations in effect under the 
International Emergency Economic Powers Act (50 U.S.C.A. Secs. 1701-
1706 (1991 & Supp. 1998)).
    \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 Sections 
793, 794, or 798 of 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 Ames's conviction for violating Section 
793(c) of the Espionage Act, and following consultations with the 
Director, Office of Export Enforcement, I have decided to deny Ames 
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 April 24, 2004. I have also decided to 
revoke all licenses issued pursuant to the Act in which Ames had an 
interest at the time of his conviction.
    Accordingly, it is hereby

Ordered

    I. Until April 24, 2004, Aldrich Hazen Ames, also known as 
``Kolokol'' and as ``K,'' currently incarcerated at: Allenwood USP, 
Inmate Number 40087-083, P.O. Box 3500, White Deer, Pennsylvania 17887, 
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 Ames 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.

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    V. This Order is effective immediately and shall remain in effect 
until April 24, 2004.
    VI. A copy of this Order shall be delivered to Ames. This Order 
shall be published in the Federal Register.

    Dated: March 23, 1999.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 99-7881 Filed 3-30-99; 8:45 am]
BILLING CODE 3570-DT-M