[Federal Register Volume 68, Number 176 (Thursday, September 11, 2003)]
[Notices]
[Pages 53545-53546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23128]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Gunter Kohlke

In the Matter of: Gunter Kohlke currently incarcerated at: Allenwood 
Federal Corrections Institution, Inmate No. 10080-196, P.O. Box 
1500, White Deer, Pennsylvania 17887; and with an address at: Im 
Dankholz 25, 79798 Jestetten, Germany.

Order Denying Export Privileges

    On July 18, 2002, a U.S. District Court in the Eastern District of 
New York convicted Gunter Kohlke (``Kohlke'') of violating section 38 
of the Arms Export Control Act (22 U.S.C. 2778 (2000)) (``AECA''). 
Specifically, the Court found that Kohlke knowingly and willfully 
attempted to export items on the United States Munitions List, from the 
United States to Switzerland, without first obtaining the required 
approval from the Department of State.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(currently codified at 50 U.S.C. app. 2401-2420 (2000)) (``Act'') \1\ 
provides that at the discretion of the Secretary of Commerce,\2\ no 
person convicted of violating any of a number of Federal criminal 
statutes including the AECA 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 (2003)) (``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\ From August 21, 1994 through November 12, 2000, the Act was 
in lapse. During that period, the President, through Executive Order 
12924, which had been extended by successive Presidential Notices, 
the last of which was issued on August 3, 2000 (3 C.F.R., 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 C.F.R., 2001 
Comp. 783 (2002)), which has been extended by successive 
Presidential Notices, the most recent being that of August 7, 2003 
(68 FR 47833 (August 11, 2003)), has continued the Regulations in 
effect under the International Emergency Economic Powers Act (50 
U.S.C. 1701-1706 (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 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, 
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 person.
    Having received notice of Kohlke's conviction for violating the 
AECA, and after providing notice and an opportunity for Kohlke to make 
a written submission to the Bureau of Industry and Security before 
issuing an Order denying his export privileges, as provided in section 
766.25 of the Regulations, and having received no submission from 
Kohlke, following consultations with the Director, Office of Export 
Enforcement, I have decided to deny Kohlke's export privilege for a 
period of 10 years from the date of his conviction. The 10-year period 
ends on July 18, 2012. I have also decided to revoke all licenses 
issued pursuant to the Act in which Kohlke had an interest at the time 
of his conviction.
    Accordingly, it is hereby Ordered:
    I. Until July 18, 2012, Gunter Kohlke, currently incarcerated at: 
Allenwood Federal Correctional Institution, Inmate No. 10080-196, P.O. 
Box 1500, White Deer, Pennsylvania 17887, and with an address at: Im 
Dankholz 25, 79798 Jestetten, Germany, (``the denied person'') and, 
when acting in behalf of Kohlke, all of his successors or assigns, 
representatives, agents and employees, 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 
EAR, 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

[[Page 53546]]

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 a person subject to this order 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 a person 
subject to this order 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 a person subject to this order of any 
item subject to the Regulations that has been exported from the United 
States;
    D. Obtain from a person subject to this order 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 a person subject to this 
order, or service any item, of whatever origin, that is owned, 
possessed or controlled by a person subject to this order 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 other person, firm, corporation, 
or business organization related to Gunter Kohlke by affiliation, 
ownership, control, or position of responsibility in the conduct of 
trade or related services may also be made 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 July 18, 2012.
    VI. In accordance with part 756 of the Regulations, Kohlke may file 
an appeal from this Order with the Under Secretary for Industry and 
Security. 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 Kohlke. This Order 
shall be published in the Federal Register.

    Dated: September 5, 2003.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 03-23128 Filed 9-10-03; 8:45 am]
BILLING CODE 3510-DT-M