8 December 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[Federal Register: December 8, 1998 (Volume 63, Number 235)]
[Notices]
[Page 67644-67645]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de98-33]

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DEPARTMENT OF COMMERCE

Burearu of Export Administration


Action Affecting Export Privileges; KIYOYUKI YASUTOMI; Order
Denying Permission To Apply for or Use Export Licenses

    In the Matter of Kiyoyuki Yasutomi, M.E.I. Japan, 6F Sanyo
Bldg., 1 Naitocho, Shinjuku-ku, Tokyo 160, Japan.

    On January 5, 1998, Kiyoyuki Yasutomi (Yasutomi) was convicted in
the United States District Court for the District of Columbia on one
count of violating the Export Administration Act of 1979, as amended
(currently codified at 50 USCA app. Secs. 2401-2420 (1991 & Supp.
1998)) (the Act).\1\ Yasutomi was convicted of knowingly reexporting
and causing to be reexported, from Japan to Pakistan, computer
equipment designated on the Commodity Control List, without obtaining
the required authorization from the Department of Commerce.
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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)), August 13, 1997 (3 CFR, 1997 Comp. 306
(1998)), and August 13, 1998 (63 FR 44121, August 17, 1998),
continued the Export Administration Regulations in effect under the
International Emergency Economic Powers Act (50 USCA Secs. 1701-1706
(1991 & Supp. 1998)).
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    Section 11(h) of ,the Act provides that, at the discretion of the
Secretary of Commerce,\2\ no person convicted of violating the Act, 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

[[Page 67645]]

Administration Regulations (currently codified at 15 CFR Parts 730-774
(1998)) (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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    \2\ Pursuant 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.
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    Pursuant to Sections 766.25 and 750.8(a) of the Regulations, upon
notification that a person has been convicted of violating the Act, 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 and the
Regulations, and shall also determine whether to revoke any license
previously issued to such a person.
    Having received notice of Yasutomi's conviction for violating the
Act, and following consultations with the Director, Office of Export
Enforcement, I have decided to deny Yasutomi 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 January 5,
2008. I have also decided to revoke all licenses issued pursuant to the
Act in which Yasutomi had an interest at the time of his conviction.
    Accordingly, it is hereby ordered
    I. Until January 5, 2008, Kiyoyuki Yasutomi, MEI, Japan, 6F Sanyo
Bldg., 1 Naitocho, Shinjuku-hu, Tokyo 160, Japan, 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 Yasutomi 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 January 5, 2008.
    VI. A copy of this Order shall be delivered to Yasutomi. This Order
shall be published in the Federal Register.

    Dated: November 23, 1998.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 98-32529 Filed 12-7-98; 8:45 am]
BILLING CODE 3510-DT-M
