[Federal Register Volume 67, Number 33 (Tuesday, February 19, 2002)]
[Notices]
[Pages 7350-7351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3855]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

[Docket No.: 00-BXA-07]


Action Affecting Export Privileges; Eli Cohen

    In the Matter of: ELI COHEN, 23rd Halamad Hay Avenue, Haifa 
32202, Israel, Respondent.

Order Relating to Respondent, Eli Cohen

    The Bureau of Export Administration, United States Department of 
Commerce (``BXA''), having initiated an administrative proceeding 
against Eli Cohen (``Cohen'') pursuant to section 13(c) of the Export 
Administration Act of 1979, as amended (50 U.S.C. secs. 2401-2420 (1991 
& Supp. V 1999)) (the ``Act''),\1\ and the export Administration 
Regulations (currently codified at 15 CFR Parts 730-774 (2001)) (the 
``Regulations''),\2\ based on allegations that on or about September 8, 
1996, Cohen provided a false and misleading representation or statement 
of material fact directly to BXA and concealed material facts from BXA 
in connection with an improper transfer of an infrared camera, an item 
subject to the Regulations, in Israel, in violation of Section 764.2(g) 
of the Regulations.
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    \1\ From August 21, 1994, through November 12, 2000, the Act was 
in lapse. During that period, the President, through Executive Order 
12924, which was extended by successive Presidential Notices, the 
last of which was issued on August 3, 2000 (3 CFR 2000 Comp. 397 
(2001)), continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701-1706 (1994 & Supp. V 
1999)) (``IEEPA''). On November 13, 2000, the Act was reauthorized 
by Public Law 106-508 and it remained in effect through August 20, 
2001. Since August 21, 2001, the Act has been in lapse and the 
President, through Executive Order 13222 of August 17, 2001 (66 FR 
44025 (August 22, 2001)), has continued the Regulations in effect 
under IEEPA.
    \2\ The violation charged occurred in 1996. The Regulations 
governing the violation at issue are found in the 1996 version of 
the Code of Federal Regulations (15 CFR parts 768-799 (1996), as 
amended (61 FR 12714, March 25, 1996)). The March 25, 1996 Federal 
Register publication redesignated, but did not republish, the then-
existing Regulations as 15 CFR parts 768A-799A. In addition, the 
March 25, 1996 Federal Register publication restructured and 
reorganized the Regulations, designating them as an interim rule at 
15 CFR parts 730-774, effective April 24, 1996. The Regulations 
define the violation that BXA alleges occurred in 1996, and 
establish the procedures that apply to this matter.
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    BXA and Cohen having entered into a Settlement Agreement pursuant 
to Section 766.18(b) of the Regulations whereby they agreed to settle 
this matter in accordance with the terms and conditions set forth 
therein, and the terms of the Settlement Agreement having been approved 
by me;
    It is therefore ordered:
    First, a civil penalty of $10,000 is assessed against Cohen which 
shall be paid to the U.S. Department of Commerce within 30 days from 
the date of entry of this Order. Payment shall be made in the manner 
specified in the attached instructions.
    Second, that, pursuant to the Debt Collection Act of 1982, as 
amended (31 U.S.C. 3701-3720E (1983 & Supp. V 1999)), the civil penalty 
owed under this Order accrues interest as more fully described in the 
attached Notice, and, if payment is not made by the due date specified 
herein, Cohen will be assessed, in addition to interest, a penalty 
charge and an administrative charge, as more fully described in the 
attached Notice.
    Third, that, for a period of five years from the date of this 
Order, Cohen, and when acting for or on behalf of Cohen, his 
representatives, agents, assigns, and employees (``denied persons''), 
may not, directly or indirectly, participate in any way in any 
transaction involving any commodity, software, or technology 
(hereinafter collectively referred to as

[[Page 7351]]

``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. Benefitting 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.
    Fourth, that 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 is 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.
    Fifth, that after notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any person, firm, corporation, or 
business organization related to Cohen 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.
    Sixth, that 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.
    Seventh, that a copy of this Order shall be delivered to the United 
States Coast Guard ALJ Docketing Center, 40 Gay Street, Baltimore, 
Maryland 21202-4022, notifying that office that this case is withdrawn 
form adjudication, as provided by Section 766.18(b) of the Regulations.
    Eighth, that, the charging letter, the Settlement Agreement, and 
this Order shall be made available to the public.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.

    Entered this 30th day of January, 2002.
Michael J. Garcia,
Assistant Secretary for Export Enforcement.
[FR Doc. 02-3855 Filed 2-15-02; 8:45 am]
BILLING CODE 3510-DT-M