[Federal Register Volume 63, Number 93 (Thursday, May 14, 1998)]
[Notices]
[Pages 26774-26775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12786]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; David Irwin Portnoy; Order 
Denying Permission To Apply for or Use Export Licenses

    In the matter of: David Irwin Portnoy, 2315 W. 5th Street, 
Irving, Texas 75060.

    On August 1, 1997, David Irwin Portnoy (Portnoy) was convicted in 
the United States District Court for the Northern District of Texas, 
Dallas Division, on three counts of violating the International 
Emergency Economic Powers Act (50 U.S.C.A. Secs. 1701-1706 (1991 & 
Supp. 1998)) (IEEPA). Specifically, Portnoy was convicted of knowingly 
and willfully exporting and causing to be exported from the United 
States to Switzerland, for trans-shipment to Libya, shipments of 
electronic components and telecommunications equipment.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(currently codified at 50 U.S.C.A. app.

[[Page 26775]]

Secs.  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.
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    \1\ The 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.
    \2\ Pursuant 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.
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    Pursuant to Secs. 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 foreign-produced 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