Acting Affecting Export Privileges; Fernando Sero, a/k/a Ferdie Resada; Order Denying Export Privileges, 4238-4239 [07-390]
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Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices
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 in accordance with the
provisions of Section 766.23(c) of the
Export Administration Regulations, any
of the Related Persons may, at any time,
make an appeal related to this Order by
filing a full written statement in support
of the appeal with the Office of the
Administrative Law Judge, U.S. Coast
Guard ALJ Docketing Center, 40 South
Gay Street, Baltimore, Maryland 21202–
4022.
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 this Order shall be
published in the Federal Register and a
copy provided to each of the Related
Persons.
This Order is effective upon
publication in the Federal Register.
Entered this 23d day of January 2007.
Wendy L. Wysong,
Acting Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. 07–389 Filed 1–29–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
ycherry on PROD1PC64 with NOTICES
Acting Affecting Export Privileges;
Fernando Sero, a/k/a Ferdie Resada;
Order Denying Export Privileges
A. Denial of Export Privileges of
Fernando Sero, a/k/a Ferdie Resada
On December 15, 2005, in the U.S.
District Court for the Southern District
of New York, following a plea of guilty,
Fernando Sero, a/k/a Ferdie Resada
VerDate Aug<31>2005
15:36 Jan 29, 2007
Jkt 211001
(‘‘Sero’’) was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. §§ 2778 (2000))
(‘‘AECA’’). Sero pled guilty to
knowingly and willfully causing to be
exported from the United States to a
location on the Island of Mindanao, in
the Southern Philippines, U.S. defense
articles to wit, weapons parts, which
were designated as defense articles on
the United States Munitions List,
without having first obtained a valid
license from the Department of State for
such export, or written authorization for
such an export. Sero was sentenced to
40 months imprisonment followed by
three years of supervised release.
Section 11(h) of the Export
Administration Act of 1979, as amended
(currently codified at 50 U.S.C. app.
§§ 2401–2420 (2000)) (‘‘Act’’) 1 and
Section 766.25 of the Export
Administration Regulations2
(‘‘Regulations’’) provide, in pertinent
part, that ‘‘[t]he Director of Exporter
Services, in consultation with the
Director of the Office of Export
Enforcement, may deny the export
privileges of any person who has been
convicted of a violation of * * *
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778),’’ for a period not
to exceed 10 years from the date of
conviction. 15 CFR §§ 766.25(a) and (d).
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.
I have received notice of Sero’s
conviction for violating the AECA, and
have provided notice and an
opportunity for Sero to make a written
submission to the Bureau of Industry
and Security as provided in Section
766.25 of the Regulations. I have also
received a written submission from Sero
explaining why he does not believe a 10
year denial is appropriate and have
decided, following consideration of his
submission and consultations with the
Export Enforcement, including the
Director, Office of Export Enforcement,
to deny Sero’s conviction.
Accordingly, it is hereby ordered:
I. Until December 15, 2015, Fernando
Sero, a/k/a Ferdie Resada, Inmate No.
84301–054, FCI Loretto, Federal
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’’).
2 The Regulations are currently codified at 15 CFR
Parts 730–774 (2006).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Correction Institute, P.O. Box 1000,
Loretto, PA 15940, and with an address
at: 37 Rugby Road, Yonkers, NY 10710,
and when acting for or on behalf of
Sero, his representatives, assigns,
agents, or employees, (collectively
referred to hereinafter as the ‘‘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
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,
E:\FR\FM\30JAN1.SGM
30JAN1
Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices
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 Fernando Sero
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 foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until
December 15, 2015.
VI. In accordance with Part 756 of the
Regulations, Sero 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 Sero. This Order shall be
published in the Federal Register.
Washington, and Idaho requesting
authorization to intentionally take, by
lethal methods, individually identifiable
California sea lions (Zalophus
californianus) that prey on Pacific
salmon and steelhead (Onchorhynchus
spp.) listed as threatened or endangered
under the Endangered Species Act
(ESA) in the Columbia River in
Washington and Oregon. This
authorization is requested as part of a
larger effort to protect and recover listed
salmonid stocks in the river. NMFS has
determined that the application
contains sufficient information to
warrant convening a Pinniped-Fishery
Interaction Task Force (Task Force),
which will be established after the close
of the public comment period. NMFS
solicits public comments on the
application, other information related to
pinniped predation on salmonids at
Bonneville Dam, and nominations for
potential members of the Task Force.
DATES: Comments and information must
be received by April 2, 2007.
ADDRESSES: Comments on the
application should be addressed to
Assistant Regional Administrator,
Protected Resources Division, NMFS,
1201 NE Lloyd Blvd., Suite 1100,
Portland, OR 97232. Comment may also
be submitted by email to
SeaLion.Predation@noaa.gov or by fax
to 301–427–2527.
FOR FURTHER INFORMATION CONTACT:
Garth Griffin, (503) 231–2005, or Tom
Eagle, (301) 713–2322, ext. 105.
SUPPLEMENTARY INFORMATION:
Dated: January 22, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07–390 Filed 1–29–07; 8:45 am]
The states’ application and
background information on pinniped
predation on listed salmonids, and nonlethal efforts to address the predation,
are available via the Internet at the
following address: https://
www.nwr.noaa.gov.
BILLING CODE 3510–DT–M
Electronic Access
DEPARTMENT OF COMMERCE
Statutory Authority
National Oceanic and Atmospheric
Administration
Section 120 of the MMPA (16 U.S.C.
1361, et seq.) allows the Secretary of
Commerce, acting through the Assistant
Administrator for Fisheries (Assistant
Administrator), NMFS, to authorize the
intentional lethal taking of individually
identifiable pinnipeds that are having a
significant negative impact on the
decline or recovery of salmonids that
are listed as threatened or endangered
under the Endangered Species Act
(ESA). The authorization applies only to
pinnipeds that are not listed under the
ESA, or designated as a depleted or
strategic stock under the MMPA.
Pursuant to section 120(b) and (c),
applicants may request authorization to
[I.D. 121406B]
Marine Mammals; Pinniped Removal
Authority
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
ycherry on PROD1PC64 with NOTICES
AGENCY:
SUMMARY: NMFS received an
application under Section 120 of the
Marine Mammal Protection Act
(MMPA) from the states of Oregon,
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15:36 Jan 29, 2007
Jkt 211001
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
4239
lethally remove pinnipeds, and the
Assistant Administrator is required to:
(1) Review the application to
determine whether the applicant has
produced sufficient evidence to warrant
establishing a Pinniped-Fishery
Interaction Task Force (Task Force);
(2) Establish the Task Force and
publish a notice in the Federal Register
requesting public comment on the
application if sufficient evidence has
been produced;
(3) Consider any recommendations
made by the Task Force in making a
determination whether to approve or
deny the application; and
(4) If approved, immediately takes
steps to implement the intentional
lethal taking, which shall be performed
by Federal or state agencies, or qualified
individuals under contract to such
agencies.
The Task Force is required to be
comprised of the following: (1) NMFS/
NOAA staff, (2) scientists who are
knowledgeable about the pinniped
interaction, (3) representatives of
affected conservation and fishing
community organizations, (4) treaty
Indian tribes, (5) the states, and (6) such
other organizations as NMFS deems
appropriate. The Task Force reviews the
application, other background
information, and public comments and,
as required by statute, recommends to
NMFS whether to approve or deny the
application. The Task Force is also
required to submit with its
recommendation, a description of the
specific pinniped individual or
individuals, the proposed location,
time, and method of such taking, criteria
for evaluating the success of the action,
the duration of the intentional lethal
taking authority, and a suggestion for
non-lethal alternatives, if available and
practicable, including a recommended
course of action.
Background
On December 5, 2006, NMFS received
an application co-signed by the
Washington Department of Fish and
Wildlife (WDFW), the Oregon
Department of Fish and Wildlife
(ODFW) and the Idaho Department of
Fish and Game (IDFG) requesting
authorization to intentionally take, by
lethal methods, individually identifiable
California sea lions in the Columbia
River, which are having a significant
negative impact on the recovery of
threatened and endangered Pacific
salmon and steelhead. According to the
states’ application, impacted salmon
and steelhead include Lower Columbia
River Chinook (threatened), Lower
Columbia River steelhead (threatened),
Middle Columbia River steelhead
E:\FR\FM\30JAN1.SGM
30JAN1
]]>Agencies
[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Notices]
[Pages 4238-4239]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-390]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Acting Affecting Export Privileges; Fernando Sero, a/k/a Ferdie
Resada; Order Denying Export Privileges
A. Denial of Export Privileges of Fernando Sero, a/k/a Ferdie Resada
On December 15, 2005, in the U.S. District Court for the Southern
District of New York, following a plea of guilty, Fernando Sero, a/k/a
Ferdie Resada (``Sero'') was convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C. Sec. Sec. 2778 (2000)) (``AECA'').
Sero pled guilty to knowingly and willfully causing to be exported from
the United States to a location on the Island of Mindanao, in the
Southern Philippines, U.S. defense articles to wit, weapons parts,
which were designated as defense articles on the United States
Munitions List, without having first obtained a valid license from the
Department of State for such export, or written authorization for such
an export. Sero was sentenced to 40 months imprisonment followed by
three years of supervised release.
Section 11(h) of the Export Administration Act of 1979, as amended
(currently codified at 50 U.S.C. app. Sec. Sec. 2401-2420 (2000))
(``Act'') \1\ and Section 766.25 of the Export Administration
Regulations\2\ (``Regulations'') provide, in pertinent part, that
``[t]he Director of Exporter Services, in consultation with the
Director of the Office of Export Enforcement, may deny the export
privileges of any person who has been convicted of a violation of * * *
Section 38 of the Arms Export Control Act (22 U.S.C. 2778),'' for a
period not to exceed 10 years from the date of conviction. 15 CFR
Sec. Sec. 766.25(a) and (d). 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.
---------------------------------------------------------------------------
\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.
Sec. Sec. 1701-1706 (2000)) (``IEEPA'').
\2\ The Regulations are currently codified at 15 CFR Parts 730-
774 (2006).
---------------------------------------------------------------------------
I have received notice of Sero's conviction for violating the AECA,
and have provided notice and an opportunity for Sero to make a written
submission to the Bureau of Industry and Security as provided in
Section 766.25 of the Regulations. I have also received a written
submission from Sero explaining why he does not believe a 10 year
denial is appropriate and have decided, following consideration of his
submission and consultations with the Export Enforcement, including the
Director, Office of Export Enforcement, to deny Sero's conviction.
Accordingly, it is hereby ordered:
I. Until December 15, 2015, Fernando Sero, a/k/a Ferdie Resada,
Inmate No. 84301-054, FCI Loretto, Federal Correction Institute, P.O.
Box 1000, Loretto, PA 15940, and with an address at: 37 Rugby Road,
Yonkers, NY 10710, and when acting for or on behalf of Sero, his
representatives, assigns, agents, or employees, (collectively referred
to hereinafter as the ``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 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,
[[Page 4239]]
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 Fernando Sero 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 December 15, 2015.
VI. In accordance with Part 756 of the Regulations, Sero 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 Sero. This Order
shall be published in the Federal Register.
Dated: January 22, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07-390 Filed 1-29-07; 8:45 am]
BILLING CODE 3510-DT-M
