[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Notices]
[Pages 12166-12167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2237]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Erik Kyriacou; In the Matter 
of: Erik Kyriacou, 50 Park Drive, Rocky Point, NY 11778

Order Denying Export Privileges

A. Denial of Export Privileges of Erik Kyriacou

    On July 19, 2004, in the U.S. District Court in the Eastern 
District of Pennsylvania, Erik Kyriacou (``Kyriacou'') pleaded guilty 
to four charges, including two violations of the International 
Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000)) (``IEEPA''). 
As to the IEEPA counts, Kyriacou pleaded guilty of knowingly and 
willfully having exported and caused to be exported from the United 
States to the Islamic Republic of Iran, four electrophysics astroscope 
lenses, Model 9300XL-3N, which were Commerce Control List items, 
without obtaining the required licenses from the Department of 
Commerce. These items were controlled for national security reasons for 
export to Iran. Kyriacou was sentenced to five years probation with the 
first four months to be spent in home confinement.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(currently codified at 50 U.S.C. app. Sec. Sec.  2401-2420 (2000)) 
(``Act'') \1\ and Section 766.25 of the Export Administration 
Regulations \2\ (``Regulations'') provide, 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 person who has been convicted of a violation of * * * 
IEEPA,'' 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.
---------------------------------------------------------------------------

    \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 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 and it 
remained in effect through August 20, 2001. Since August 21, 2001, 
the Act has been in lapse and the President, though Executive Order 
13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), as extended 
by the Notice of August 2, 2005 (70 FR 45273, August 5, 2005), has 
continued the Regulations in effect under the IEEPA.
    \2\ The Regulations are currently codified at 15 CFR parts 730-
774 (2005).
---------------------------------------------------------------------------

    I have received notice of Kyriacou's indictment for violating the 
IEEPA, and have provided notice and an opportunity for Kyriacou to make 
a written submission to the Bureau of Industry and Security as provided 
in Sec.  766.25 of the Regulations. Having received no submission from 
Kyriacou, I, following consultations with the Export Enforcement, 
including the Director, Office of Export Enforcement, have decided to 
deny Kyriacou's export privileges under the Regulations for a period of 
10 years from the date of Kyriacou's conviction.
    Accordingly, it is hereby ordered:
    I. Until July 19, 2015, Erik Kyriacou, 50 Park Drive, Rocky Point, 
New York 11778, when acting in behalf of Kyriacou, all of his assigns 
or successors, and when acting for or on behalf of Kyriacou, 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, on 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 Regulation, 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 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.

[[Page 12167]]

    III. After notice and opportunity for comment as provided in Sec.  
766.23 of the Regulations, any other person, firm, corporation, or 
business organization related to Erik Kyriacou 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 19, 2015.
    VI. In accordance with Part 756 of the Regulations, Kyriacou 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 Kyriacou. This 
Order shall be published in the Federal Register.

    Dated: March 1, 2006.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 06-2237 Filed 3-8-06; 8:45 am]
BILLING CODE 3510-DT-M