[Federal Register Volume 69, Number 223 (Friday, November 19, 2004)]
[Notices]
[Pages 67700-67701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25696]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Gerald Morey

In the Matter of: Gerald Morely, Currently Incarcerated at: Inmate 
Number: 29600-177, Seagoville FCI, 2113 North Highway 175, Seagoville, 
Texas 75159; and With an Address at: 9715 Vinewood Drive, Dallas, Texas 
75,228, Respondent; Order Denying Export Privileges

    On August 11, 2003, in the U.S. District Court in the Southern 
District of Florida, Gerald Morey (``Morey'') was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2000)) (``AECA''). Specifically, Morey was found to have knowingly and 
willfully exported, caused to be exported, and attempted to export from 
the United States to Columbia via Haiti, MAK-90 rifles without first 
obtaining the required authorization from the U.S. Department of State, 
office of Defense Trade Controls.
    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\ 
and Sec.  766.25 of the Export Administration Regulations \2\ 
(``Regulations'') provides, in pertinent part, that ``[t]he Director of 
Exporter Services, in consultation with the Director of the Office of 
Export Enforcement, may deny export privileges of any persons who has 
been convicted of a violation of * * * section 38 of the Arms Export 
Control Act,'' for a period not to exceed 10 years from the date of 
conviction. 15 CFR 766.25(a) and (d). In addition, Sec.  750.8 of the 
Regulations states that BIS's Office of Exporter Services may revoke 
any BIS licenses previously issued in which the person had an interest 
in at the time of his conviction.
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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 
1294, which had been extended by successive Presidential Notices, 
the last of which was 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 (2000)) 
(``IEEPA''). On November 13, 2000, the Act was reauthorized by Pub. 
L. 106-508 (114 Stat. 2360 (2000)) and it remained in effect through 
August 20, 2001. Executive Order 13222 of August 17, 2001 (3 CFR, 
2001 Comp. 783 (2002)), which has been extended by successive 
Presidential Notices, the most recent being that of August 6, 2004, 
(69 FR 48763, August 10, 2004), continues the Regulations in effect 
under IEEPA.
    \2\ The Regulations are currently codified at 15 CFR Parts 730-
774 (2004).
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    Having received notice of Morey's conviction for violating the 
AECA, and after providing notice to and an opportunity for Morey to 
make a written submission to the Bureau of Industry and Security as 
provided in Sec.  766.25 of the Regulations, and having received no 
submission from Morey, I, following consultations with the Export 
Enforcement, including the Acting Director, Office of Export 
Enforcement, have decided to deny Morey's export privileges under the 
Regulations for a period of five years from the date of his conviction. 
The five-year period ends on August 11, 2008. I have also decided to 
revoke all licenses issued pursuant to the Act or Regulations in which 
Morey had an interest at the time of his conviction.
    Accordingly, it is hereby ordered
    I. Until August 11, 2008, Gerald Morey, currently incarcerated: 
Inmate Number: 29600-177, Seagoville FIC, 2113 North Highway 175, 
Seagoville, Texas 75159, and with an address at: 9715 Vinewood Drive, 
Dallas, Texas 75228, and, when acting in behalf of Morey, all of his 
assigns or successors, and when acting for or on behalf of Morey, his 
representatives, agents or employees, (collectively referred to 
hereinafter as the ``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.
    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

[[Page 67701]]

Regulations, any other person, firm, corporation, or business 
organization related to Gerald Morey 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 August 11, 2008.
    VI. In accordance with Part 756 of the Regulations, Morey may file 
an appeal of this Order with the Under Secretary of Commerce 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 Morey. This Order 
shall be published in the Federal Register.

    Dated: November 12, 2004.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 04-25696 Filed 11-18-04; 8:45 am]
BILLING CODE 3510-DT-M