[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Notices]
[Pages 6578-6579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1620]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Randy Reyes

    In the Matter of: Randy Reyes, currently incarcerated at: Wachenhut 
FCI, USM #05425-089, P.O. Box 17001, 1500 Cadet Road, Taft, California 
93268; and with an address at: 5250 Colodny Drive, #3, Agoura Hills, 
California 91301-2656.

Order Denying Export Privileges

    On January 14, 2000, Randy Reyes (Reyes) was convicted in the 
United States District Court for the Eastern District of Wisconsin of 
violating Section 38 of the Arms Export Control Act (22 U.S.A. 2778 
(1990 & Supp. 2000)) (the AECA) and the International Emergency 
Economic Powers Act (50 U.S.C.A. 1701-1706 (1991 & Supp. 2000)) 
(IEEPA). Specifically, Reyes was convicted of knowingly and willfully 
exporting and attempting to export from the United States aircraft 
component parts which were designated as defense articles on the United 
States Munitions List without having first obtained from the Department 
of State a license or written authorization, and of knowingly and 
willfully exporting and attempting to export from the United States to 
Iran

[[Page 6579]]

through Geneva, Switzerland, aircraft component parts.
    Section 11(h) of 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\ provides that, 
at the discretion of the Secretary of Commerce,\2\ no person convicted 
of violating the AECA or the IEEPA, 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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    \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.
    \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 AECA or 
the IEEPA, 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 determine whether to 
revoke any license previously issued to such a person.
    Having received notice of Reyes's conviction for violating the AECA 
and the IEEPA, and after providing notice and an opportunity for Reyes 
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 Reyes's 
export privileges for a period of 10 years from the date of his 
conviction. The 10-year period ends on January 14, 2010. I have also 
decided to revoke all licenses issued pursuant to the Act in which 
Reyes had an interest at the time of his conviction.
    Accordingly, it is hereby Ordered:
    I. Until January 14, 2010, Randy Reyes, currently incarcerated at: 
Wachenhut FCI USM # 05425-089, P.O. Box 17001, 1500 Cadet Road, Taft, 
California 93268, and with an address at: 5250 Colodny Drive, #3, 
Agoura Hills, California 91301-2656, 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 Reyes 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 14, 2010.
    VI. In accordance with Part 756 of the Regulations, Reyes 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 Reyes. This Order 
shall be published in the Federal Register

    Dated: January 5, 2001.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 01-1620 Filed 1-19-01; 8:45 am]
BILLING CODE 3510-DT-M