[Federal Register Volume 66, Number 33 (Friday, February 16, 2001)]
[Notices]
[Pages 10666-10667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3915]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Maria Del Rosario Cases Ames

Order Denying Export Privileges

    On October 21, 1994, Maria Del Rosario Cases Ames (Ames) was 
convicted in the United States District Court for the Eastern District 
of Virginia of violating section 793(g) of the Espionage Act (18 
U.S.C.A. 792-799 (1976 & Supp. 2000)). Specifically, Ames was convicted 
of unlawfully, knowingly, and willfully, combining, conspiring, 
confederating and agreeing with other persons, both known and unknown, 
including her husband Aldrich Hazen Ames, who had authorized possession 
of classified documents relating to the national defense of the United 
States, to communicate, deliver, and transmit to a foreign government, 
that is the U.S.S.R. and Russia, and to representatives, officers, and 
agents thereof, documents and writings relating to the national defense 
of the United States, knowing that the persons to whom these documents 
and writings were transmitted were not entitled to receive them.
    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. 
2000 and Pub. L. 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 Espionage 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

[[Page 10667]]

such a person had any interest at the time of conviction may be 
revoked.
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    \1\ During the time of 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 International Emergency Economic Powers Act (50 U.S.C.A. 
1701-1706 (1991 & Supp. 2000)).
    \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 of 
Section 11(h) of the Act.
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    Pursuant to Secs. 766.25 and 750.8(a) of the regulations, upon 
notification that a person has been convicted of violating 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'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 Ames's conviction for violating the 
Espionage Act, and after providing notice and an opportunity for Ames 
to make a written submission to the Bureau of Export Administration 
before issuing an Order denying her export privileges, as provided in 
Sec. 766.25 of the regulations, I, following consultations with the 
Director, Office of Export Enforcement, have decided to deny Ames's 
export privileges for a period of eight years from the date of her 
conviction. The eight-year period ends on October 21, 2002. I have also 
decided to revoke all licenses issued pursuant to the Act in which Ames 
had an interest at the time of her conviction.
    Accordingly, it is hereby Ordered:
    I. Until October 21, 2002, Maria Del Rosario Cases Ames, 
Transversal 12 #125-51, Apartment 607, Bogota, Columbia, 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 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 
Sec. 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.
    V. This Order is effective immediately and shall remain in effect 
until October 21, 2002.
    VI. In accordance with Part 756 of the Regulations, Ames 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 Ames. This Order 
shall be published in the Federal Register.

    Dated: January 26, 2001.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 01-3915 Filed 2-15-01; 8:45 am]
BILLING CODE 3510-DT-M