[Federal Register Volume 68, Number 125 (Monday, June 30, 2003)]
[Notices]
[Pages 38674-38675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16480]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 03-BIS-03]


Action Affecting Export Privileges; Bassem A. Alhalabi

    In the Matter of: Bassem A. Alhalabi, 9620 Via Emilie, Boca 
Raton, Florida 33428, Respondent.

Order

    The Bureau of Industry and Security, United States Department of 
Commerce (``BIS''), having initiated an administrative proceeding 
against Bassem A. Alhalabi, (``Alhalabi''), pursuant to Section 13(c) 
of the Export Administration Act of 1979, as amended (50 U.S.C. app. 
Sections 2401-2420

[[Page 38675]]

(1994 & Supp. V 1999)) (the ``Act''),\1\ and the Export Administration 
Regulations (currently codified at 15 CFR Parts 730-774 (2003)) 
(``Regulations''),\2\ based on the charging letter issued to Alhalabi 
that alleged that Alhalabi violated the Regulations on one occasion; 
specifically, that Alhalabi caused to be exported a thermal imaging 
camera, an item subject to the Regulations, from the United States to 
Syria without the required license from the Department of Commerce.
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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 have been 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 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 (3 CFR, 2001 Comp., 
783 (2002)), as extended by the Notice of August 14, 2002 (67 FR 
53721 (August 16, 2002)), has continued the Regulations in effect 
under IEEPA.
    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2003). The Regulations 
governing the violations at issue are found in the 1998 version of 
the Code of Federal Regulations. These Regulations are codified at 
15 CFR Parts 730-774 (1998) and, to the degree to which they pertain 
to this matter, are substantially the same as the 2003 version.
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    BIS and Alhalabi 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, that for a period of one year from the date of this Order, 
Alhalabi, and when acting for or on behalf of Alhalabi, his 
representatives, agents, assigns or employees (``denied person'') 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. 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.
    Second, 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, expected 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.
    Third, 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 Alhalabi 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.
    Fourth, 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.
    Fifth, 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 
from adjudication, as provided by Section 766.18 of the Regulations.
    Sixth, 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 24th day of June 2003.
Lisa A. Prager,
Acting Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 03-16480 Filed 6-27-03; 8:45 am]
BILLING CODE 3510-DT-M