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On July 12, 1999, the Commerce Department imposed a twenty-year denial of all U.S. export privileges on Fawzi Mustapha Assi, a Lebanese naturalized U.S. citizen, for attempting to export from the United States to Lebanon a thermal imaging camera without the export license that he knew or had reason to know was required. The equipment that Assi was attempting to export was intended for Hizballah, which has been designated as a foreign terrorist organization by the Secretary of State.
In a separate criminal action, in July 1998, Assi was arrested by special agents from the OEE's Chicago Field Office, the Federal Bureau of Investigations and the U.S. Customs Service for attempting to export U.S. origin items without the required export licenses and for attempting to provide material support and resources to a designated foreign terrorist organization. In August 1998, Assi was indicted on charges alleging violations of IEEPA, the Arms Export Control Act, and the Antiterrorism and Effective Death Penalty Act, and failing to appear in court. He is currently a fugitive.
The Export Administration Act (EAA) provides that both criminal penalties and administrative sanctions, including civil monetary penalties and the denial of export privileges, may be imposed for the same violation. In addition, under the EAA and the Export Administration Regulations, the Department of Commerce may deny the export privileges of any person who is convicted of violating certain statues including the EAA, for up to ten years from the date of conviction. Under Commerce denial orders those who provide "dual use" U.S.-origin goods and services to denied parties may find themselves subject to both criminal and civil penalties, including being denied export privileges.