In the Matters of: Thane-Coat, Inc., Jerry Vernon Ford, and Preston John Engebretson, Respondents.
Order Relating to Respondent, Preston John Engebretson
The Bureau of Export Administration, United States Department of Commerce (“BXA”), having initiated an administrative proceeding against Preston John Engebretson (“Engebretson”) pursuant to section 13(c) of the Administration Act of 1979, as amended (50 U.S.C. secs. 2401-2420 (1991 & Supp. V 1999)) (the “Act”), and the Export Administration Regulations (currently codified at 15 CFR parts 730-774 (2001)) (the “Regulations”), based on allegations that Engebretson committed 112 violations of the former Regulations—one violation of section 787.3(b), 32 violations of section 787.4, five violations of section 787A.4, 32 violations of section 787.5(a), five violations of section 787A.5(a), 32 violations of section 787.6, and five violations of section 787A.6 of the former Regulations. Specifically the charges are:
1. One Violation of 15 CFR 787.3(b): Conspiracy: Beginning in June 1994 and continuing through July 1996, Engebretson conspired with Thane-Coat, Inc., Jerry Vernon Ford, TIC, Ltd. and Export Materials, Inc., to violate the former Regulations by devising and employing a scheme to export and by exporting polyurethane (isocyanate/polyol) and polyether polyurethane (collectively referred to as “pipe coating materials”), items subject to the former Regulations, from the United States through the United Kingdom to Libya, a country subject to comprehensive economic sanctions, without applying for and obtaining the required export authorizations from the U.S. Government.
2. 37 Violations of 15 CFR 787.6 and 787A.6: Exports Without the Required Licenses: Between on or about February 12, 1995 and on or about April 25, 1996, on 37 separate occasion, Engebretson exported or caused to be exported pipe coating materials from the United States to Libya without obtaining validated export licenses from the Department of Commerce as required by sections 772.1(b), 772A.1(b), 785.7, and 785A.7 of the former Regulations.
3. 37 Violations of 15 CFR 787.4 and 787A.4: Acting with Knowledge of a Violation: In connection with each of the exports described in paragraph 2 above, on 37 separate occasions, Engebretson acted with knowledge or had reason to know that validated licenses were required from the Department of Commerce before the pipe coating materials could be sold to Libya.
4. 37 Violations of 15 CFR 787.5(a) and 787A.5(a): Misrepresentation and Concealment: In connection with each of the exports described in paragraph 2 above, Engebretson, on 37 separate occasions, filed or caused to be filed Shipper's Export Declarations or bills of landing, export control documents as defined in sections 7702 and 770A.2 of the former regulations, which represented that the ultimate end-use of the pipe coating materials was in the United Kingdom. These statements of material fact were false as the ultimate and-use of the pipe coating materials was in Libya. These false statements were made, directly or indirectly, to an official of the U.S. Government.
BXA and Engebretson having entered into a Settlement Agreement pursuant to Section 766.18(b) of the Regulations whereby they agreed to settle this matter in accordance with the terms and conditions set forth therein, and the terms of the Settlement Agreement having been approved by me;
It is therefore ordered:
First, that, for a period of 25 years from the date of this Order, Engebretson, and when acting for or on behalf of Engebretson, his representatives, agents, assigns, or employees (“denied persons”), 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.
Second, that 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 persons of the ownership, possession, or control of any item subject to the Regulations that has been Start Printed Page 7355or will be exported from the United States, including financing or other support activities related to a transaction whereby the denied persons acquire or attempt to acquire or such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the denied persons of any item subject to the Regulations that has been exported from the United States;
D. Obtain from the denied persons 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 persons, or service any item, of whatever origin, that is owned, possessed or controlled by the denied persons 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.
Third, that after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any person, firm, corporation, or business organization related to Engebretson 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.
Fourth, that 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.
Fifth, that a copy of this Order shall be delivered to the United States Coast Guard ALJ Docketing Center, 40 Gay Street, Baltimore, Maryland 21202-4022, notifying that office that this case is withdrawn from adjudication, as provided by Section 766.18 of the Regulations.
Sixth, that, the charging letter, the Settlement Agreement, and this Order shall be made available to the public.
This Order, which constitutes the final agency action in this matter, is effective immediately.Start Signature
Entered this 24th day of January, 2002.
Michael J. Garcia,
Assistant Secretary of Commerce for Export Enforcement.
1. From August 21, 1994, through November 12, 2000, the Act was in lapse. During that period, the President, through Executive Order 12924, which had been extended by successive Presidential Notices, the last of which was August 3, 2000 (3 CFR 2000 Comp. 397 (2001)), continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701-1706 (1994 & Supp. V 1999)) (“IEEPA”). On November 13, 2000, the Act was reauthorized by Public Law 106-508 and it remained in effect through August 20, 2001. Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (66 FR 44025 (August 22, 2001)), has continued the Regulations in effect under IEEPA.Back to Citation
2. The violations at issue occurred from 1994 through 1996. The Regulations governing the violations at issue are found in the 1994 through 1996 versions of the Code of Federal Regulations (15 CFR parts 768-799 (1994-1995), and 15 CFR parts 768-799 (1996), as amended (61 FR 12714, March 25, 1996)) (the “former Regulations”). The March 25, 1996 Federal Register publication redesignated, but did not republish, the then-existing Regulations as 15 CFR parts 768A-799A. In addition, the March 25, 1996, Federal Register publication restructured and reorganized the Regulations, designating them as an interim rule at 15 CFR parts 730-774, effective April 24, 1996. The former Regulations define the various violations that BXA alleges occurred and the Regulations establish the procedures that apply to this matter.Back to Citation
[FR Doc. 02-3854 Filed 2-15-02; 8:45 am]
BILLING CODE 3510-DT-M