[Federal Register Volume 65, Number 170 (Thursday, August 31, 2000)]
[Notices]
[Pages 52983-52984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22249]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Dien's Auto Salvage, Inc.; 
Order Denying Export Privileges

    On January 26, 2000, Dien's Auto Salvage, Inc. was convicted in the 
United States District Court for the Western District of Louisiana at 
Lafayette on multiple counts of violating the Export Administration Act 
of 1979, as amended (currently codified at 50 U.S.C.A. app. sections 
2401-2420 (1991 & Supp. 2000)) (the Act),\1\ among other crimes. 
Specifically, Dien's Auto Salvage, Inc. was convicted of knowingly and 
intentionally exporting United States military vehicles and military 
vehicle parts to Vietnam without obtaining the required export license 
from the Department of Commerce.
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    \1\ The Act expired on August 20, 1994. Executive Order 12924 (3 
C.F.R., 1994 Comp. 917 (1995)), which has been extended by 
successive Presidential Notices, the most recent being that of 
August 3, 2000 (65 FR 48347, August 8, 2000), continued the 
Regulations in effect under the International Emergency Economic 
Powers Act (50 U.S.C.A. sections 1701-1706 (1991 & Supp. 2000)).
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    Section 11(h) of the Act provides that, at the discretion of the 
Secretary of Commerce,\2\ no person convicted of violating the Act, or 
certain other provisions of the United States Code, shall be eligible 
to apply for or use any export license issued pursuant to, or provided 
by, the Act or the Export Administration Regulations (currently 
codified at 15 CFR parts 730-774 (2000), as amended (65 FR 14862, March 
20, 2000)) (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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    \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 Act, the 
Director, Office of Exporter Services, in consultation with the 
Director, Office of Export Enforcement, shall determine whether to deny 
that person's export privileges for a period of up to 10 years from the 
date of conviction and shall also determine whether to revoke any 
license previously issued to such a person.
    Having received notice of Dien's Auto Salvage, Inc.'s conviction 
for violating

[[Page 52984]]

the Act, and after providing notice and an opportunity for Dien's Auto 
Salvage, Inc. to make a written submission to the Bureau of Export 
Administration before issuing an Order denying its export privileges, 
as provided in Section 766.25 of the Regulations, I, following 
consultations with the Director, Office of Export Enforcement, have 
decided to deny Dien's Auto Salvage, Inc.'s export privileges for a 
period of 10 years from the date of its conviction. The 10-year period 
ends on January 26, 2010. I have also decided to revoke all licenses 
issued pursuant to the Act in which Dien's Auto Salvage, Inc. had an 
interest at the time of its conviction.
    Accordingly, it is hereby ordered
    I. Until January 26, 2010, Dien's Auto Salvage, Inc., 6157 Johnston 
Street, Lafayette, Louisiana 70503, 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 form 
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 Dien's Auto Salvage, Inc. 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 January 26, 2010.
    VI. In accordance with Part 756 of the Regulations, Dien's Auto 
Salvage, Inc. may file an appeal from this Order with the Under 
Secretary for Export Administration. The appeal must be filed within 45 
days from the date of this Order and must comply with the provisions of 
Part 756 of the Regulations.
    VII. A copy of this Order shall be delivered to Dien's Auto 
Salvage, Inc. This Order shall be published in the Federal Register.

    Dated: August 22, 2000.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 00-22249 Filed 8-30-00; 8:45 am]
BILLING CODE 3510-DT-P