23 January 1998
Source: http://www.access.gpo.gov/su_docs/aces/aces140.html

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[Federal Register: January 23, 1998 (Volume 63, Number 15)]
[Notices]
[Page 3535-3536]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja98-30]

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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Nishan Keval; In the Matter
of: Nishan Keval, 2511 Sullivan Drive, Auburn, California 95603; Order
Denying Permission To Apply for or Use Export Licenses

    On September 25, 1995, Nishan Keval (Keval) was convicted in the
United States District Court for the Southern District of California of
violating the International Emergency Economic Powers Act (50 U.S.C.A.
Sec. Sec. 1701-1706 (1991 & Supp. 1997)) (IEEPA). Keval was convicted
of knowingly and willfully exporting and causing to be exported from
the United States to The Netherlands, for transshipment to the People's
Republic of Libya, petrochemical-related equipment.
    Section 11(h) of the Export Administration Act of 1979, as amended
(50 U.S.C.A. app. Sec. Sec. 2401-2420 (1991 & Supp. 1997)) (the
Act),\1\ provides that, at the discretion of the Secretary of

[[Page 3536]]

Commerce,\2\ no person convicted of violating IEEPA, 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 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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    \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)), and August 13, 1997 (62 FR 43629, August
15, 1997) continued the Export Administration Regulations in effect
under IEEPA.
    \2\ Pursuant 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.
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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 IEEPA, 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 Keval's conviction for violating IEEPA
and following consultations with the Acting Director, Office of Export
Enforcement, I have decided to deny Keval 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 25, 2003. I have also decided to revoke all licenses issued
pursuant to the Act in which Keval had an interest at the time of his
conviction.
    Accordingly, it is hereby ordered:
    I. Until September 25, 2003, Nishan Keval, 2511 Sullivan Drive,
Auburn, California 95603, 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 that 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 Keval 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-producted direct
product of U.S.-origin technology.
    V. This Order is effective immediately and shall remain in effect
until September 25, 2003.
    VI. A copy of this Order shall be delivered to Keval. This Order
shall be published in the Federal Register.

    Dated: January 9, 1998.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 98-1574 Filed 1-22-98; 8:45 am]
BILLING CODE 3510-DT-M
