Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Notices 57313

1The 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 Fed. Reg. 48347, August 8, 2000),

continued the Regulations in effect under the

IEEPA.

2Pursuant 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.

commodities and service to the

Government.

2. The action will result in

authorizing small entities to furnish the

commodities and service to the

Government.

3. There are no known regulatory

alternatives which would accomplish

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in

connection with the commodities and

service proposed for addition to the

Procurement List. Comments on this

certification are invited. Commenters

should identify the statement(s)

underlying the certification on which

they are providing additional

information.

The following commodities and

service have been proposed for addition

to Procurement List for production by

the nonprofit agencies listed:

Commodities

Tire Inflator Gage

4910–00–441–8685

NPA: Beaufort County Developmental Center,

Inc., Washington, North Carolina

EMM Tray, Plastic & EMM Sleeve,

Fiberboard

7240–00–NSH–0001 (Tray)

7240–00–NSH–0002 (Sleeve)

(Remaining Government Requirement)

NPA: MDI Government Services, Inc., St.

Paul, Minnesota

Cloth, Cleaning

7920–01–004–7847

NPA: Lions Services, Inc., Charlotte, North

Carolina

Service

Operation of Individual Equipment Element

Store,

Department of the Air Force, 125 Bennett

Avenue, Hurlburt Field, Florida

NPA: L.C. Industries For The Blind, Inc.,

Durham, North Carolina

Louis R. Bartalot,

Deputy Director (Operations).

[FR Doc. 00–24413 Filed 9–21–00; 8:45 am]

BILLING CODE 6353–01–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges;

Yuri Montgomery, also known as Yuri

I. Malinkovski; Order Denying Export

Privileges

On January 22, 1999, Yuri I.

Montgomery, also knows as Yuri I.

Malinkovski (Montgomery) was

convicted in the United States District

Court for the District of Columbia of

violating the International Emergency

Economic Powers Act (50 U.S.C.A.

1701–1706 (1991 & Supp. 2000))

(IEEPA) and 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, Montgomery was convicted

to knowingly and willfully exporting

and causing the export of U.S.-origin

stun guns to Macedonia and U.S.-origin

laser gun sights to Slovenia without

applying for an obtaining the required

export licenses from the Department of

Commerce, and of knowingly and

willfully exporting and causing the

export of U.S.-origin PAGST military

helmets to Slovenia and U.S.-origin

handcuffs, laser gun sights, and laser

mountings to Macedonia without

applying for an obtaining the required

export licenses from the Department of

Commerce.

Section 11(h) of the Act provides that,

at the discretion of the Secretary of

Commerce,2 no person convicted of

violating the IEEPA or 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.

Pursuant to Sections 766.25 and

750.8(a) of the Regulations, upon

notification that a person has been

convicted of violating the IEEPA or 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 revoke any license previously

issued to such person.

Having received notice of

Montgomery’s conviction for violating

the IEEPA and the Act, and after

providing notice and an opportunity for

Montgomery 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

Montgomery’s export privileges for a

period of 10 years from the date of his

conviction. The 10-year period ends on

January 22, 2009. I have also decided to

revoke all licenses issued to the Act in

which Montgomery had an interest at

the time of his conviction.

Accordingly, it is hereby Ordered

I. Until January 22, 2009, Yuri I.

Montgomery, also known as Yuri I.

Malinkovski 518 Howard Avenue, NE.,

Olympia, Washington 98506, 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. 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;

57314 Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Notices

1The 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)).

2Pursuant 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.

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 Section 766.23

of the Regulations, any person, firm,

corporation, or business organization

related to Montgomery 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 foreignproduced direct product of U.S.-origin

technology.

V. This Order is effective immediately

and shall remain in effect until January

22, 2009.

VI. In accordance with Part 756 of the

Regulations, Montgomery 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 Montgomery. This Order

shall be published in the Federal

Register.

Dated: September 11, 2000.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 00–24343 Filed 9–21–00; 8:45 am]

BILLING CODE 3510–PT–M

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.

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.

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