[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Notices]
[Pages 62384-62385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29683]



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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; James L. Stephens

    In the matter of: James L. Stephens, President, Weisser's 
Sporting Goods, 1018 National City Boulevard, National City, 
California 92050, with an address at 16208 Orchard Bend Road, Poway, 
California 92064, Respondent.

Order

    The Office of Export Enforcement, Bureau of Export Administration, 
United States Department of Commerce (hereinafter, the ``Department'', 
having notified James L. Stephens, in his capacity as president of 
Weisser's Sporting Goods (hereinafter, ``Stephens''), of its intention 
to initiate an administrative proceeding against him pursuant to 
Section 13(c) of the Export Administration Act of 1979, as amended (50 
U.S.C.A. app. Secs. 2401-2420 (1991 & Supp. 1995)) (hereinafter, the 
``Act''),\1\ and Part 788 of the Export Administration Regulations 
(currently codified at 15 CFR Parts 768-799 (1995)) (hereinafter, the 
``Regulations''),\2\ based on allegations that:

    \1\The Act expired on August 20, 1994. Executive Order 12924 (59 
FR 43437, August 23, 1994) continued the Regulations in effect under 
the International Emergency Economic Powers Act (50 U.S.C.A. 
Secs. 1701-1706 (1991 & Supp. 1994)) (hereinafter ``IEEPA''). 
Executive Order 12924 was extended by Presidential Notice of August 
15, 1995 (60 FR 42767, August 17, 1995).
    \2\The Regulations governing the violations at issue are found 
in the 1990 version of the Code of Federal Regulations. Those 
Regulations are codified at 15 CFR Parts 768-799 (1990). Between 
October 1, 1990 and March 27, 1993, the Regulations were continued 
in effect by Executive Order No. 12730 (55 FR 40373, October 2, 
1990), issued pursuant to IEEPA.
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    1. Between mid-1990 and early 1992, Stephens conspired with Karl 
Cording, individually and doing business as A. Rosenthal (PTY) Ltd., 
Windhoek, Namibia, with offices in Linden, South Africa and Cape Town, 
South Africa, and Ian Ace, manager of A. Rosenthal, Cape Town, South 
Africa, to export U.S.-origin shotguns, from the United States to 
Namibia and South Africa, without applying for and obtaining from the 
Department the validated export licenses that the Stephens knew were 
required by Section 772.1(b) of the Regulations, in violation of 
Section 787.3(b) of the Regulations;
    2. In furtherance of the conspiracy described above, on two 
separate occasions on or about November 27, 1990, Stephens exported 
U.S.-origin shotguns, from the United States to Namibia and South 
Africa, without obtaining from the Department the validated export 
licenses Stephens knew or had reason to know were required by Section 
772.1(b) of the Regulations, in violation of Sections 787.4(a) and 
787.6 of the Regulations; and
    3. In furtherance of the conspiracy described above, on two 
separate occasions on or about November 27, 1990, Stephens made false 
or misleading representations of material fact to a U.S. agency in 
connection with the preparation, submission, or use of export control 
documents, in violation of Section 787.5(a) of the Regulations; and

[[Page 62385]]

    The Department and Stephens having entered into a Consent Agreement 
whereby the Department and Stephens have agreed to settle this matter 
in accordance with the terms and conditions set forth therein, and the 
terms of the Consent Agreement having been approved by me;
    It is therefore ordered,
    First, that a civil penalty of $60,000 shall be assessed against 
Stephens, $10,000 of which shall be paid to the Department on or before 
January 5, 1996, and the remaining $50,000 to be paid in four equal 
installments of $12,500 each, the first of which is due on or before 
March 29, 1996; the second, on or before June 28, 1996; the third, on 
or before September 27, 1996; and the fourth, on or before December 27, 
1996. Payment shall be made in a manner specified in the attached 
instructions.
    Second, James L. Stephens, President, Weisser's Sporting Goods, 
1018 National City Boulevard, National City, California 92050, with an 
address at 16208 Orchard Bend Road, Poway, California 92064, shall, for 
a period of 15 years from the date of entry of this Order, be denied 
all privileges of participating, directly or indirectly, in any manner 
or capacity, in any transaction in the United States or abroad 
involving any commodity or technical data exported or to be exported 
from the United States and subject to the Regulations.
    A. All outstanding individual validated export licenses in which 
Stevens appears or participates, in any manner or capacity, are hereby 
revoked and shall be returned forthwith to the Office of Export 
Licensing for cancellation. Further, all Stevens's privileges of 
participating, in any manner or capacity, in any special licensing 
procedure, including, but not limited to, distribution licenses, are 
hereby revoked.
    B. Without limiting the generality of the foregoing, participation, 
either in the United States or abroad, shall include participation, 
directly or indirectly, in any manner or capacity: (i) as a party or as 
a representative of a party to any export license application submitted 
to the Department; (ii) in preparing or filing with the Department any 
export license application or request for reexport authorization, or 
any document to be submitted therewith; (iii) in obtaining from the 
Department or using any validated or general export license, reexport 
authorization, or other export control document; (iv) in carrying on 
negotiations with respect to, or in receiving, ordering, buying, 
selling, delivering, storing, using or disposing of, in whole or in 
part, any commodities or technical data exported or to be exported from 
the United States and subject to the Regulations; and (v) in financing, 
forwarding, transporting, or other servicing of such commodities or 
technical data.
    C. After notice and opportunity for comment as provided in Section 
788.3(c) of the Regulations, any person, firm, corporation, or business 
organization related to Stephens 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.
    D. As provided by Section 787.12(a) of the Regulations, without 
prior disclosure of the facts to and specific authorization of the 
Office of Export Licensing, in consultation with the Office of Export 
Enforcement, no person may directly or indirectly, in any manner or 
capacity: (i) apply for, obtain, or use any license, Shipper's Export 
Declaration, bill of lading, or other export control document relating 
to an export or reexport of commodities or technical data by, to, or 
for another person then subject to an order revoking or denying his 
export privileges or then excluded from practice before the Bureau of 
Export Administration; or (ii) order, buy, receive, use, sell, deliver, 
store, dispose of, forward, transport, finance, or otherwise service or 
participate: (a) in any transaction which may involve any commodity or 
technical data exported or to be exported from the United States; (b) 
in any reexport thereof; or (c) in any other transaction which is 
subject to the Regulations, if the person denied export privileges may 
obtain any benefit or have any interest in, directly or indirectly, any 
of these transactions.
    Third, the proposed Charging Letter, the Consent Agreement, and 
this Order shall be made available to the public, and this Order shall 
be published in the Federal Register.
    This order is effective immediately.

    Dated: November 27, 1995.
John Despres,
Assistant Secretary for Export Enforcement.
[FR Doc. 95-29683 Filed 12-5-95; 8:45 am]
BILLING CODE 3510-DT-M