Action Affecting Export Privileges; Maurice Subilia, 13085-13086 [07-1333]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security
• Industry and Security Bureau

[Federal Register Volume 72, Number 53 (Tuesday, March 20, 2007)]
[Notices]
[Pages 13085-13086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1333]


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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Maurice Subilia

In the Matter of: Maurice Subilia, 17 Oakwood Road, Kennebunkport, ME 
04046; Respondent; Order Denying Export Privileges

A. Denial of Export Privileges of Maurice Subilia

    On November 18, 2005, in the U.S. District Court in the District of 
Massachusetts, Maurice Subilia (``Subilia'') was convicted of violating 
the Export Administration Act of 1979, as amended (currently codified 
at 50 U.S.C. app. 2401-2420 (2000)) (the ``Act'') \1\. Specifically, 
Subilia was convicted of knowingly exporting and causing to be exported 
from the United States to India, a controlled commodity, to wit, a 
component, accessory and controls for an isostatic press, that is, a 
control panel which consisted of, among other things, an operating 
control cabinet, a power/pressure control cabinet, and digital 
controllers and recorder, without having first obtained the required 
export license from the U.S. Department of Commerce.
---------------------------------------------------------------------------

    \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'').
---------------------------------------------------------------------------

    In addition to the violation of the Act, the Subilia was convicted 
of conspiring to violate the Act in violation of 18 U.S.C. 371(2000) 
and aiding and abetting in violation of 18 U.S.C. 2 (2000). Subilia was 
ordered to serve six months community confinement, and one year home 
confinement followed by one and one half years probation, as well as a 
$250,000 fine.
    Section 11(h) of the Act and Section 766.25 of the Export 
Administration Regulations (``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 * * * 
Act, '' for a period not to exceed 10 years from the date of 
conviction. 15 CFR 766.25(a) and (b). 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.
---------------------------------------------------------------------------

    \2\ The Regulations are currently codified at 15 CFR Parts 730-
774 (2006).
---------------------------------------------------------------------------

    I have received notice of the Subilia's conviction for violating 
the Act, and I, following consultations with the Export Enforcement, 
including the Director, Office of Export Enforcement, have decided to 
deny the Subilia's export privileges under the Regulations for a period 
of 10 years from the date of his conviction. Due to exceptional 
circumstances, this Order is being issued without prior notice or 
opportunity to respond.
    Accordingly, it is hereby
    Ordered
    I. Until November 18, 2015, Maurice Subilia, 17 Oakwood Road, 
Kennebunkport, ME 04046, his successors or assigns, and when acting for 
or on behalf of Subilia, his officers, representatives, agents, or 
employees (``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 to 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

[[Page 13086]]

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 Subilia by affiliation, ownership, 
control, or position of responsibility in the conduct of trade or 
related services may also be 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 November 18, 2015.
    VI. In accordance with Part 756 of the Regulations, Subilia 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 Subilia. This Order 
shall be published in the Federal Register.

    Dated: March 12, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07-1333 Filed 3-19-07; 8:45 am]
BILLING CODE 3510-DT-M