Federal Register / Vol. 63, No. 93 /Thursday, May 14, 1998 / Notices 26775

1The Act expired on August 20, 1994. Executive

Order 12924 (3 CFR, 1994 Comp. 917 (1995)),

extended by Presidential Notices of August 15, 1995

(3 CFR , 1995 Comp. 501 (1996)), August 14, 1996

(3 CFR 1996 Comp. 298 (1997)), and August 13,

1997 (62 FR 43629, August 15, 1997), continued the

Export Administration Regulations in effect under

the IEEPA.

2Pursuant to appropriate delegations of authority,

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.

1The Act expired on August 20, 1994. Executive

Order 12924 (3 CFR, 1994 Comp. 917 (1995)),

extended by Presidential Notices of August 15, 1995

(3 CFR, 1995 Comp. 501 (1996)), August 14, 1996

(3 CFR, 1996 Comp. 298 (1997)), and August 13,

1997 (62 FR 43629, August 15, 1997), continued the

Continued

§§ 2401–2420 (1991 & Supp. 1998)) (the

Act),1 provides that, at the discretion of

the Secretary of Commerce,2 no person

convicted of violating the IEEPA, or

certain other provisions of the United

States Code, shall be eligible to apply

for or use any license, including any

License Exception, issued pursuant to,

or provided by, the Act or the Export

Administration Regulations (currently

codified at 15 CFR Parts 730–774

(1997)) (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 §§ 766.25 and 750.8(a) of

the Regulations, upon notification that a

person has been convicted of violating

the IEEPA, the Director, Office of

Exporter Services, in consultation with

the Director, Office of Export

Enforcement, shall determine whether

to deny that person permission to apply

for or use any license, including any

License Exception, issued pursuant to,

or provided by, the Act or the

Regulations, and shall also determine

whether to revoke any license

previously issued to such a person.

Having received notice of Portnoy’s

conviction for violating the IEEPA, and

following consultations with the Acting

Director, Office of Export Enforcement,

I have decided to deny Portnoy

permission to apply for or use any

license, including any License

Exception, issued pursuant to, or

provided by, the Act and the

Regulations, for a period of 10 years

from the date of his conviction. The 10-

year period ends on August 1, 2007. I

have also decided to revoke all licenses

issued pursuant to the Act in which

Portnoy had an interest at the time of

his conviction.

Accordingly, it is hereby Ordered.

I. Until August 1, 2007, David Irwin

Portnoy, 2315 W. 5th Street, Irving,

Texas 75060, 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 do, directly or

indirectly, 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 Section 766.23

of the Regulations, any person, firm,

corporation, or business organization

related to Portnoy 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 August

1, 2007.

VI. A copy of this Order shall be

delivered to Portnoy. This Order shall

be published in the Federal Register.

Dated: May 5, 1998.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 98–12786 Filed 5–13–98; 8:45 am]

BILLING CODE 3510–DT–M

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Acting Affecting Export Privileges;

Wayne P. Smith; Order Denying

Permission To Apply for or Use Export

Licenses

In the Matter of: Wayne P. Smith currently

incarcerated at: Federal Correction Institute,

USM No. 09046–035, Federal Detention

Center, 5010 Whatley Road, Oakdale,

Louisiana 71463 and with an address at: 2333

Big Woods Edgerly Road, Rt. 1, Box 845c,

Vinton, Louisiana 70668.

On July 3, 1996, Wayne P. Smith

(Smith) was convicted in the United

States District Court for the Western

District of Louisiana, Lake Charles

Division, on one count of violating

Section 38 of the Arms Export Control

Act (currently codified at 22 U.S.C.A.

2778 (1990 & Supp. 1998)) (the AECA).

Specifically, Smith was convicted of

knowingly and willfully exporting and

causing to be exported to England 80

plain self-aligning ball bearings

designed for and used on the McDonald

Douglas F–4 Phantom II military jet,

without obtaining the required export

license from the Department of State.

Section 11(h) of the Export

Administration Act of 1979, as amended

currently codified at 50 U.S.C.A. app.

§§ 2401–2420 (1991 & Supp. 1998)) (the

Act),1 provides that, at the discretion of
26776 Federal Register / Vol. 63, No. 93 /Thursday, May 14, 1998 / Notices

Export Administration Regulations in effect under

the International Emergency Economic Powers Act

(50 U.S.C.A. Secs. 1701–1706 (1991 & Supp. 1998)).

2Pursuant to appropriate delegations of authority,

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.

the Secretary of Commerce,2 no person

convicted of violating the AECA, or

certain other provisions of the United

States Code, shall be eligible to apply

for or use any license, including any

License Exception, issued pursuant to,

or provided by, the Act or the Export

Administration Regulations (currently

codified at 15 CFR Parts 730–774

(1997)) (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

notifications that a person has been

convicted of violating the AECA, the

Director, Office of Exporter Services, in

consultation with the Director, Office of

Export Enforcement, shall determine

whether to deny that permission to

apply for or use any license, including

any License Exception, issued pursuant

to, or provided by, the Act or the

Regulations, and shall also determine

whether to revoke any license

previously issued to such a person.

Having received notice of Smith’s

conviction for violating the AECA, and

following consultations with the Acting

Director, Office of Export Enforcement,

I have decided to deny Smith

permission to apply for or use any

license, including any License

Exception, issued pursuant to, or

provided by, the Act and the

Regulations, for a period of 10 years

from the date of his conviction. The 10-

year period ends on July 3, 2006. I have

also decided to revoke all licenses

issued pursuant to the Act in which

Smith had an interest at the time of his

conviction.

Accordingly, it is hereby ordered.

I. Until July 3, 2006, Wayne P. Smith,

currently incarcerated at the Federal

Correction Institute, USM No. 09046–

035, Federal Detention Center, 5010

Whatley Road, Oakdale, Louisiana

71463, and with an address at 2333 Big

Woods Edgerly Road, Rt. 1, Box 845c,

Vinton, Louisiana 70668, 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 do, directly or

indirectly, 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 Untied

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 Section 766.23

of the Regulations, any person, firm,

corporation, or business organization

related to Smith by affiliation,

ownership, control, or position of

responsibility in the conduct or 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 July 3,

2006.

VI. A copy of this Order shall be

delivered to Smith. This Order shall be

published in the Federal Register.

Dated: May 5, 1998.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 98–12769 Filed 5–13–98; 8:45 am]

BILLING CODE 3510–DT–M

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Docket 24–98]

Foreign-Trade Zone 169—Manatee

County, Florida Application For

Foreign-Trade Subzone Status Aso

Corporation (Adhesive Bandages)

Sarasota County, Florida

An application has been submitted to

the Foreign-Trade Zones Board (the

Board) by the Manatee County Port

Authority, grantee of FTZ 169,

requesting special-purpose subzone

status for the first aid dressings

manufacturing facility (adhesive

bandages, sterile pads, waterproof

adhesive tapes) of Aso Corporation

(Aso), located in Sarasota County,

Florida. The application was submitted

pursuant to the Foreign-Trade Zones

Act, as amended (19 U.S.C. 81a–81u),

and the regulations of the Board (15 CFR

part 400). It was formally filed on May

5, 1998.

The Aso facility (65,000 sq. ft. on 38

acres) is located at 300 Sarasota Center

Blvd., within the International Trade

Industrial Park, east of Sarasota

(Sarasota County), Florida. The facility

(148 employees) is used for the

manufacture of first aid dressings,

including adhesive bandages, sterile

pads, and waterproof adhesive tapes.

However, the applicant is only

requesting to use FTZ procedures for the

production of adhesive bandages

(HTSUS 3005.10.50) using foreignsourced adhesive tape (HTSUS

3919.90.50).

Zone procedures would enable Aso to

choose the lower duty rate that applies