[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Notices]
[Pages 6579-6580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1619]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Peter Rigolli, Also Known as 
Pietro Rigolli, Ian Falcon, G. Tedaldi, Rafael Heredia, and Farid H. 
Talab

    In the Matter of: Peter Rigolli, also known as Pietro Rigolli, Ian 
Falcon, G. Tedaldi, Rafael Heredia, and Farid H. Talab, currently 
incarcerated at: Inmate #044-22082, FCI Otisville, P.O. Box 600, 
Otisville, New York 10963; and with an address at: 118 Northview, 
Dollar Des, Ormeaux, Quebec, Canada H9B3J6.

Order Denying Export Privileges

    On March 27, 2000, Peter Rigolli, also known as Pietro Rigolli, Ian 
Falcon, G.

[[Page 6580]]

Tedaldi, Rafael Heredia, and Farid H. Talab (hereinafter referred to as 
Rigolli), was convicted in the United States District Court for the 
District of Connecticut of violating the International Emergency 
Economic Powers Act (50 U.S.C.A. 1701-1706 (1991 & Supp. 2000)) (IEEPA) 
and the Export Administration Act of 1979, as amended (currently 
codified at 50 U.S.C.A. app. 2401-2420 (1991 & Supp. 2000 and Pub. L. 
No. 106-508, November 13, 2000)) (the Act).\1\ Specifically, Rigolli 
was convicted of knowingly and willfully exporting and causing to be 
exported from the United States to Canada and Switzerland, and then re-
exported to Iran, aircraft parts without having first obtained a 
validated export license, and of knowingly and willfully making false, 
fictitious, and fraudulent statements and representations to effect the 
export of aircraft engine parts by representing that the ultimate 
destination for those parts was the country of Singapore, which 
statement he knew to be untrue.
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    \1\ During the time of the Act's lapse, (August 20, 1994 through 
November 12, 2000) the President, through Executive Order 12924 (3 
CFR, 1994 Comp. 917 (1995)), which had 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 IEEPA.
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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 IEEPA or 
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 IEEPA or 
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 Rigolli's conviction for violating the 
IEEPA and the Act, and after providing notice and an opportunity for 
Rigolli to make a written submission to the Bureau of Export 
Administration before issuing an Order denying his 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 Rigolli's export privileges for a period of 10 years 
from the date of his conviction. The 10-year period ends on March 27, 
2010. I have also decided to revoke all licenses issued pursuant to the 
Act in which Rigolli had an interest at the time of his conviction.
    Accordingly, it is hereby Ordered:
    I. Until March 27, 2010, Peter Rigolli, also known as Pietro 
Rigolli, Ian Falcon, G. Tedaldi, Rafael Heredia, and Farid H. Talab, 
currently incarcerated at: Inmate #044-22082, FCI Otisville, P.O. Box 
600, Otisville, New York 10963; and with an address at: 118 Northview, 
Dollar Des, Ormeaux, Quebec, Canada H9B3J6, 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 Rigolli 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 March 27, 2010.
    VI. In accordance with Part 756 of the Regulations, Rigolli 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 Rigolli. This Order 
shall be published in the Federal Register.

    Dated: January 5, 2001.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 01-1619 Filed 1-19-01; 8:45am]
BILLING CODE 3510-DT-M