[Federal Register Volume 65, Number 185 (Friday, September 22, 2000)]
[Notices]
[Pages 57314-57315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24342]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Oscar Osman; Order Denying 
Export Privileges

    On September 23, 1999, Oscar Osman (Osman) was convicted in the 
United States District Court for the Southern District of Florida of 
violating the Export Administration Act of 1979, as amended (currently 
codified at 50 U.S.C.A. app. 2401-2420 (1991 & Supp. 2000)) (the 
Act).\1\ Specifically, Osman was convicted of knowingly, willfully and 
unlawfully exporting and causing to be exported a container of goods to 
Rio Haina, Dominican Republic under a false bill of lading, container 
of goods was then transshipped to Havana, Cuba.
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    \1\ The Act expired on August 20, 1994, Executive Order 12924 (3 
CFR, 1994 Comp. 917 (1995)), which has been extended by successive 
Presidential Notices, the most recent being that of August 3, 2000 
(65 FR 48347, August 8, 2000), continued the Regulations in effect 
under the International Emergency Economic Powers Act (50 U.S.C.A. 
1701-1706 (1991 & Supp. 2000)).
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    Section 11(h) of the Act provides that, at the discretion of the 
Secretary of Commerce,\2\ no person convicted of violating the Act, or 
certain other provisions of the United States Code, 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 (2000), as amended (65 FR 14862, March 
20, 2000)) (the 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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    \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 Act, 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 a person.
    Having received notice of Osman's conviction for violating the Act, 
and after providing notice and opportunity for Osman to make a written 
submission to the Bureau of Export Administration before issuing an 
Order denying his export privileges, as provided in section 766.25 of 
the Regulations, I, following consultations with the Director, Office 
of Export Enforcement, have decided to deny Osman's export privileges 
for a period of seven years from the date of his conviction. The seven-
year period ends on September 23, 2006. I have also decided to revoke 
all licenses issued pursuant to the Act in which Osman had an interest 
at the time of his conviction.
    Accordingly, it is hereby Ordered
    I. Until September 23, 2006, Oscar Osman, currently incarcerated 
at: Spectrum Program CCC, #61204-004, 101 N.W. 59th Street, Miami, 
Florida 33127, and with an address at: 2655 Collins Avenue, Apt. 1811, 
Miami Beach, Florida 33140, 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, 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. 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

[[Page 57315]]

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 
Section 766.23 of the Regulations, any person, firm, corporation, or 
business organization related to Osman 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.
    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 September 23, 2006.
    VI. In accordance with Part 756 of the Regulations, Osman may file 
an appeal from this Order with the Under Secretary for Export 
Administration. 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 Osman. This Order 
shall be published in the Federal Register.

    Dated: September 11, 2000.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 00-24342 Filed 9-21-00; 8:45 am]
BILLING CODE 3510-DT-M