[Federal Register Volume 65, Number 185 (Friday, September 22, 2000)]
[Notices]
[Pages 57313-57314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24343]


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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.
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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 Fed. Reg. 48347, August 8, 2000), continued the Regulations in 
effect under the IEEPA.
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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 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.
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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 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;

[[Page 57314]]

    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 foreign-produced 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