Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 / Notices 27561

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, 1196 Comp. 298 (1997)), and August 13,

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

Export Administration Regulations in effect under

the International Emergency Economic Powers Act

(50 U.S.C.A. §§ 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.

License Exception, issued pursuant to,

or provided by, the Act or the Export

Administration Regulations (currently

codified at 15 C.F.R. 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

notification 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 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 Summit

Marketing, Inc.’s conviction for

violating the AECA, and following

consultations with the Acting Director,

Office of Export Enforcement, I have

decided to deny Summit Marketing, Inc.

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 eight years

from the date of its conviction. The

eight-year period ends on September 26,

2005. I have also decided to revoke all

licenses issued pursuant to the Act in

which Summit Marketing, Inc. had an

interest at the time of its conviction.

Accordingly, it is hereby

Ordered

I. Until September 26, 2005, Summit

Marketing, Inc., 52 Blackburn Center,

Gloucester, Massachusetts 01930, 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

a 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 a 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 Summit Marketing, Inc. 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

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 26, 2005.

VI. A copy of this Order shall be

delivered to Summit Marketing, Inc.

This Order shall be published in the

Federal Register.

Dated: May 11, 1998.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 98–13288 Filed 5–18–98; 8:45 am]

BILLING CODE 3510–DT–M

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges;

Sanford B. Groetzinger; Order Denying

Permission to Apply for or Use Export

Licenses

In the Matter of: Sanford B. Groetzinger

currently incarcerated at: Federal Correction

Institute, Number 21423038, P.O. Box 7000,

Fort Dix, New Jersey 08640, and with an

address at: 82 Dennison Street, Gloucester,

Massachusetts 01930.

On September 26, 1997, Sanford B.

Groetzinger (Groetzinger) was convicted

in the United States District Court for

the District of Massachusetts on four

courts 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,

Groetzinger was convicted of knowingly

and willfully exporting and attempting

to export defense articles to France, for

transshipment to Iran, without obtaining

the required export licenses 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

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
27562 Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 / Notices

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 AECA, 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

Groetzinger’s conviction for violating

the AECA, and following consultations

with the Acting Director, Office of

Export Enforcement, I have decided to

deny Groetzinger 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 eight years

from the date of his conviction. The

eight-year period ends on September 26,

2005. I have also decided to revoke all

licenses issued pursuant to the Act in

which Groetzinger had an interest at the

time of his conviction.

Accordingly, it is hereby

Ordered

I. Until September 26, 2005, Sanford

B. Groetzinger, currently incarcerated at

Federal Correction Institute, Number

21423038, P.O. Box 7000, Fort Dix, New

Jersey 08640 and with an address at 82

Dennison Street, Gloucester,

Massachusetts 01930, 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

a 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 a 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 Groetzinger 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 foreignproducted direct product of U.S.-origin

technology.

V. This Order is effective immediately

and shall remain in effect until

September 26, 2005.

VI. A copy of this Order shall be

delivered to Groetziner. This Order shall

be published in the Federal Register.

Dated: May 11, 1998.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 98–13286 Filed 5–18–98; 8:45 am]

BILLING CODE 3510–DT–M

DEPARTMENT OF COMMERCE

International Trade Administration

Applications for Duty-Free Entry of

Scientific Instruments

Pursuant to Section 6(c) of the

Educational, Scientific and Cultural

Materials Importation Act of 1966 (Pub.

L. 89–651; 80 Stat. 897; 15 CFR part

301), we invite comments on the

question of whether instruments of

equivalent scientific value, for the

purposes for which the instruments

shown below are intended to be used,

are being manufactured in the United

States.

Comments must comply with 15 CFR

301.5(a)(3) and (4) of the regulations and

be filed within 20 days with the

Statutory Import Programs Staff, U.S.

Department of Commerce, Washington,

D.C. 20230. Applications may be

examined between 8:30 A.M. and 5:00

P.M. in Room 4211, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW, Washington, DC.

Docket Number: 97–095R. Applicant:

Stanford University, Stanford Medical

Center, 300 Pasteur Drive, Room 5302,

Palo Alto, CA 94304. Instrument:

Ultrasound Bone Densitometer.

Manufacturer: McCue Plc, United

Kingdom. Intended Use: Original notice

of this resubmitted application was

published in the Federal Register of

December 15, 1997.

Docket Number: 98–024. Applicant:

University of Michigan, Transportation

Research Institute, 2910 Baxter Road,

Ann Arbor, MI 48109–2150. Instrument:

(3) Sensor Sets, Model ODIN 4.

Manufacturer: A.D.C. GmbH, Germany.

Intended Use: The instrument is

intended to be used in a scientific study

in which vehicles equipped with these

sensors will be driven by human

subjects to evaluate the performance of

headway control systems. Application

accepted by Commissioner of Customs:

April 21, 1998.

Docket Number: 98–025. Applicant:

University of California, Berkeley,

Berkeley CA 94720. Instrument:

Electron Detector. Manufacturer:

Gammadata/Scienta AB, Sweden.

Intended Use: The instrument will be

used in angle-resolved photoemission

experiments with the objective of

studying the electronic structure and

physical properties of superconducting