[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Notices]
[Pages 8347-8348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-842]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Erika P. Jardine, aka 
Eriklynn Pattie Jardine, aka Erika Pattie Jardine; In the Matter of: 
Erika P. Jardine, aka Eriklynn Pattie Jardine, aka Erika Pattie 
Jardine, P.O. Box 3633, Vista, CA 92085; Order Denying Export 
Privileges

A. Denial of Export Privileges of Erika P. Jardine

    On February 22, 2006, in the U.S. District Court in the Eastern 
District of Pennsylvania, following a plea of guilty, Erika P. Jardine 
(``Jardine'') was convicted of violating Section 38 of the Arms Export 
Control Act (22 U.S.C. 2778 (2000)) (``AECA''), Jardine pled guilty of 
willfully exporting and attempting to export and causing to export, 
from the United States to European Countries, defense articles, that is 
small arm protective inserts (SAPIs), which were designated as defense 
articles on the United States Munitions List, without having first 
obtained from the Department of State a license for such export or 
written authorization for such export.
    In addition to the violation of the AECA, Jardine was convicted of 
theft and selling of U.S. property, in violation of 18 U.S.C. 
641(2000). Jardine was sentenced to six months imprisonment followed by 
three years of supervised release and fined $6,500. Her scheduled 
release date is February 28, 2007.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(currently codified at 50 U.S.C. app. 2401-2420 (2000))(``Act'') \1\ 
and Section 766.25 of the Export Administration Regulations \2\ 
provide, in pertinent part, that ``[t]he Director of Exporter Services, 
in consultation with the Director of the Office of Export Enforcement, 
may deny export privileges of any person who has been convicted of a 
violation of * * * Section 38 of the Arms Export Control Act,'' for a 
period not to exceed 10 years from the date of conviction. 15 CFR 
766.25(a) and (d). In addition, Section 750.8 of the Regulations states 
that BIS's Office of Exporter Services may revoke any BIS licenses 
previously issued in which the person had an interest in at the time of 
his conviction.
---------------------------------------------------------------------------

    \1\ Since August 21, 2001, the Act has been in lapse and the 
President, through Executive Order 13222 of August 17, 2001 (3 CFR 
2001 Comp. 783 (2002)), as extended by the Notice of August 3, 2006 
(71 FR 44551, Aug. 7, 2006), has continued the Regulations in effect 
under the International Emergency Economic Powers Act (50 U.S.C. 
1701-1706 (2000)) (``IEEPA'').
    \2\ The Regulations are currently codified at 15 CFR Parts 730-
774 (2006).
---------------------------------------------------------------------------

    I have received notice of Jardine's conviction for violating the 
AECA, and have provided notice and an opportunity for Jardine to make a 
written submission to the Bureau of Industry and Security as provided 
in Section 766.25 of the Regulations. I have also received a written 
submission from Jardine explaining why she does not believe a 10 year 
denial is appropriate and have decided, following consideration of her 
submission and consultations with the Office of Export Enforcement, 
including the Director, Office of Export Enforcement, to deny Jardine's 
export privileges under the Regulations for a period of seven years 
from the date of Jardine's conviction.
    Accordingly, it is hereby Ordered:
    1. Until February 22, 2013, Erika Jardine, aka Eriklynn Pattie 
Jardine, aka Erika Pattie Jardine, P.O. Box 3633, Vista, CA 92085, and 
when acting for or on behalf of Jardine, her representatives, assigns, 
agents, or employees, (collectively referred to hereinafter as the 
``Denied Person'') 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. Benefitting 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 other person, firm, corporation, 
or business organization related to Erika Jardine by affiliation, 
ownership, control, or position of responsibility in the conduct of 
trade or related services may also be

[[Page 8348]]

made 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 February 22, 2013.
    VI. In accordance with Part 756 of the Regulations, Jardine may 
file an appeal of this Order with the Under Secretary of Commerce for 
Industry and Security. 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 Jardine. This Order 
shall be published in the Federal Register.

    Dated: February 9, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07-842 Filed 2-23-07; 8:45 am]
BILLING CODE 3510-DT-M