Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Notices 6579

1 During the time of the Act’s lapse, (August 20,

1994 through November 12, 2000) the President,

through Executive Order 12924 (3 CFR, 1994 Comp.

917 (1995)), which had 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 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.

through Geneva, Switzerland, aircraft

component parts.

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. 2000 and Pub.

L. No. 106–508, November 13, 2000))

(the Act) 1 provides that, at the

discretion of the Secretary of

Commerce,2 no person convicted of

violating the AECA or the IEEPA, 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 AECA or the

IEEPA, 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 determine whether

to revoke any license previously issued

to such a person.

Having received notice of Reyes’s

conviction for violating the AECA and

the IEEPA, and after providing notice

and an opportunity for Reyes 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

Reyes’s export privileges for a period of

10 years from the date of his conviction.

The 10-year period ends on January 14,

2010. I have also decided to revoke all

licenses issued pursuant to the Act in

which Reyes had an interest at the time

of his conviction.

Accordingly, it is hereby Ordered:

I. Until January 14, 2010, Randy

Reyes, currently incarcerated at:

Wachenhut FCI USM # 05425–089, P.O.

Box 17001, 1500 Cadet Road, Taft,

California 93268, and with an address

at: 5250 Colodny Drive, #3, Agoura

Hills, California 91301–2656, 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;

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 Reyes 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

14, 2010.

VI. In accordance with Part 756 of the

Regulations, Reyes 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 Reyes. This Order shall be

published in the Federal Register

Dated: January 5, 2001.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 01–1620 Filed 1–19–01; 8:45 am]

BILLING CODE 3510–DT–M

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Action Affecting Export Privileges;

Peter Rigolli, Also Known as Pietro

Rigolli, Ian Falcon, G. Tedaldi, Rafael

Heredia, and Farid H. Talab

In the Matter of: Peter Rigolli, also

known as Pietro Rigolli, Ian Falcon, G.

Tedaldi, Rafael Heredia, and Farid H.

Talab, currently incarcerated at: Inmate

#044–22082, FCI Otisville, P.O. Box

600, Otisville, New York 10963; and

with an address at: 118 Northview,

Dollar Des, Ormeaux, Quebec, Canada

H9B3J6.

Order Denying Export Privileges

On March 27, 2000, Peter Rigolli, also

known as Pietro Rigolli, Ian Falcon, G.

6580 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Notices

1 During the time of the Act’s lapse, (August 20,

1994 through November 12, 2000) the President,

through Executive Order 12924 (3 CFR, 1994 Comp.

917 (1995)), which had 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 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.

Tedaldi, Rafael Heredia, and Farid H.

Talab (hereinafter referred to as Rigolli),

was convicted in the United States

District Court for the District of

Connecticut 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 and Pub. L. No. 106–508,

November 13, 2000)) (the Act).1

Specifically, Rigolli was convicted of

knowingly and willfully exporting and

causing to be exported from the United

States to Canada and Switzerland, and

then re-exported to Iran, aircraft parts

without having first obtained a

validated export license, and of

knowingly and willfully making false,

fictitious, and fraudulent statements and

representations to effect the export of

aircraft engine parts by representing that

the ultimate destination for those parts

was the country of Singapore, which

statement he knew to be untrue.

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 to revoke any license

previously issued to such a person.

Having received notice of Rigolli’s

conviction for violating the IEEPA and

the Act, and after providing notice and

an opportunity for Rigolli 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

Rigolli’s export privileges for a period of

10 years from the date of his conviction.

The 10-year period ends on March 27,

2010. I have also decided to revoke all

licenses issued pursuant to the Act in

which Rigolli had an interest at the time

of his conviction.

Accordingly, it is hereby Ordered:

I. Until March 27, 2010, Peter Rigolli,

also known as Pietro Rigolli, Ian Falcon,

G. Tedaldi, Rafael Heredia, and Farid H.

Talab, currently incarcerated at: Inmate

#044–22082, FCI Otisville, P.O. Box

600, Otisville, New York 10963; and

with an address at: 118 Northview,

Dollar Des, Ormeaux, Quebec, Canada

H9B3J6, 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;

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 Rigolli 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 March

27, 2010.

VI. In accordance with Part 756 of the

Regulations, Rigolli 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 Rigolli. This Order shall be

published in the Federal Register.

Dated: January 5, 2001.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 01–1619 Filed 1–19–01; 8:45am]

BILLING CODE 3510–DT–M