Action Affecting Export Privileges; Arif Ali Durrani; In the Matter of: Arif Ali Durrani, Registration #09027-014, Victorville Medium I, Federal Correctional Institute, P.O. Box 5300, Adelanto, CA 92301, 33446-33447 [07-2981]
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Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
Durrani (‘‘Durrani’’) and Budenz and
including him in an Order is necessary
to prevent evasion. I have decided to
include Tobey in the Budenz Order. The
basis for naming Tobey to the Budenz
Order is that Tobey pled guilty to
conspiracy to violate the AECA, in
violation of 18 U.S.C. 371, for
conspiring to export controlled military
aircraft parts to the United Arab
Emirates and Canada without the
required licenses from the Department
of State. Tobey was placed on probation
for five years and fined $10,000.00.
Based upon these facts, Tobey is related
to Budenz by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business and he needs to be named
to any Budenz Denial Order to prevent
evasion of it.
Having received no submission from
Tobey, I have decided, following
consultations with the Office of Export
Enforcement, including its Director, to
name Tobey as a related person to the
Budenz Denial Order, thereby denying
his export privileges for five years from
the date of Budenz’s conviction.
I have also decided to revoke all
licenses issued pursuant to the Act or
Regulations in which Budenz and Tobey
had an interest at the time of Budenz’s
conviction. The five-year denial period
ends on July 19, 2011.
Accordingly, it is hereby Ordered
I. Until July 19, 2011, George Charles
Budenz II, 94394–198, FDC SEATAC,
Federal Detention Center, P.O. Box
13900, Seattle, WA 98198, and with an
address at: 25143 Jack Rabbit Acres,
Escondido, CA 92026, and when acting
for or on his behalf, his employees,
agents or representatives, (‘‘the Denied
Person’’) and the following person
related to the Denied Person as defined
by Section 766.23 of the Regulations,
Richard Scott Tobey, 42079 Humber
Drive, Temecula, CA 92591, and when
acting for or on his behalf, his
employees, agents or representatives,
(‘‘the Related Person’’) (together, the
Denied Person and the Related Person
are ‘‘Persons Subject To This Order’’)
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,
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18:19 Jun 15, 2007
Jkt 211001
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 Persons Subject To This Order
any item subject to the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Persons Subject To This Order 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 Persons Subject
To This Order 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 Persons Subject To
This Order of any item subject to the
Regulations that has been exported from
the United States;
D. Obtain from the Persons Subject To
This Order 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 Persons
Subject To This Order, or service any
item, of whatever origin, that is owned,
possessed or controlled by the Persons
Subject To This Order 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. In addition to the Related Person
named above, 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 Budenz
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
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Order if necessary to prevent evasion of
the 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 July 19,
2011.
VI. In accordance with Part 756 of the
Regulations, Budenz 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. In accordance with Part 756 of the
Regulations, Tobey 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.
VIII. A copy of this Order shall be
delivered to Budenz and the Related
Person. This Order shall be published in
the Federal Register.
Dated: June 9, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07–2982 Filed 6–15–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Arif
Ali Durrani; In the Matter of: Arif Ali
Durrani, Registration #09027–014,
Victorville Medium I, Federal
Correctional Institute, P.O. Box 5300,
Adelanto, CA 92301
Order Denying Export Privileges
A. Denial of Export Privileges of Arif Ali
Durrani
On June 5, 2005, in the U.S. District
Court in the Southern District of
California, Arif Ali Durrani (‘‘Durrani’’)
was found guilty of four counts of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2000))
(‘‘AECA’’). Specifically, the Court found
that Durrani knowingly and willfully
exported from the United States to
Malaysia and Belgium controlled
military aircraft parts which were
designated as defense articles on the
United States Munitions List, without
having first obtained a license from the
Department of State for such export, or
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18JNN1
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices
jlentini on PROD1PC65 with NOTICES
written authorization for such an export.
In addition, Durrani was also found
guilty on one count of conspiracy.
Durrani was sentenced to 150 months
imprisonment followed by three years of
supervised released.
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
§ 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 export
privileges of any person who has been
convicted of a violation of * * *
Section 38 of the Arms Export Control
Act,’’ for a period not to exceed 10 years
from the date of conviction. 15 CFR
766.25(a) and (d). In addition, § 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 at the time of his
conviction.
I have received notice of Durrani’s
conviction for violating the AECA, and
have provided notice and an
opportunity for Durrani to make a
written submission to the Bureau of
Industry and Security as provided in
§ 766.25 of the Regulations. Having
received no submission from Durrani, I,
following consultations with the Office
of Export Enforcement, including its
Director, have decided to deny Durrani’s
export privileges under the Regulations
for a period of ten years from the date
of Durrani’s conviction.
Accordingly, it is hereby Ordered:
I. Until June 5, 2015, Arif Ali Durrani,
Registration #09027–014, Victorville
Medium I, Federal Correctional
Institute, P.O. Box 5300, Adelanto, CA
92301, and when acting for or on behalf
of Durrani, 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:
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, August 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 (2007).
VerDate Aug<31>2005
18:19 Jun 15, 2007
Jkt 211001
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 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 766.203
of the Regulations, any other person,
firm, corporation, or business
organization related to ARIF Ali Durrani
by affiliation, ownership, control, or
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Fmt 4703
Sfmt 4703
33447
position of responsibility in the conduct
of trade or related services may also be
made subject to the provisions or 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 June 5,
2015.
VI. In accordance with Part 756 of the
Regulations, Durrani 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 Durrani. This Order shall
be published in the Federal Register.
Dated: June 9, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07–2981 Filed 6–15–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–893]
Certain Frozen Warmwater Shrimp
from the People’s Republic of China:
Notice of Final Results of Changed
Circumstances Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) has determined that
Hilltop International (‘‘Hilltop’’) is the
successor–in-interest to Yelin Enterprise
Co. Hong Kong (‘‘Yelin’’). As a result,
Hilltop should receive the same
antidumping duty treatment with
respect to certain frozen warmwater
shrimp from the People’s Republic of
China (‘‘PRC’’) as Yelin, as of the date
of publication of this notice in the
Federal Register.
EFFECTIVE DATE: June 18, 2007.
FOR FURTHER INFORMATION CONTACT: Erin
Begnal or Scot Fullerton, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue,
NW, Washington, DC 20230; telephone:
202–482–1442 or 202–482–1386,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
E:\FR\FM\18JNN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Notices]
[Pages 33446-33447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2981]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Arif Ali Durrani; In the
Matter of: Arif Ali Durrani, Registration 09027-014,
Victorville Medium I, Federal Correctional Institute, P.O. Box 5300,
Adelanto, CA 92301
Order Denying Export Privileges
A. Denial of Export Privileges of Arif Ali Durrani
On June 5, 2005, in the U.S. District Court in the Southern
District of California, Arif Ali Durrani (``Durrani'') was found guilty
of four counts of violating Section 38 of the Arms Export Control Act
(22 U.S.C. 2778 (2000)) (``AECA''). Specifically, the Court found that
Durrani knowingly and willfully exported from the United States to
Malaysia and Belgium controlled military aircraft parts which were
designated as defense articles on the United States Munitions List,
without having first obtained a license from the Department of State
for such export, or
[[Page 33447]]
written authorization for such an export. In addition, Durrani was also
found guilty on one count of conspiracy. Durrani was sentenced to 150
months imprisonment followed by three years of supervised released.
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 Sec. 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 export privileges of any person who has
been convicted of a violation of * * * Section 38 of the Arms Export
Control Act,'' for a period not to exceed 10 years from the date of
conviction. 15 CFR 766.25(a) and (d). In addition, Sec. 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
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, August 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 (2007).
---------------------------------------------------------------------------
I have received notice of Durrani's conviction for violating the
AECA, and have provided notice and an opportunity for Durrani to make a
written submission to the Bureau of Industry and Security as provided
in Sec. 766.25 of the Regulations. Having received no submission from
Durrani, I, following consultations with the Office of Export
Enforcement, including its Director, have decided to deny Durrani's
export privileges under the Regulations for a period of ten years from
the date of Durrani's conviction.
Accordingly, it is hereby Ordered:
I. Until June 5, 2015, Arif Ali Durrani, Registration
09027-014, Victorville Medium I, Federal Correctional
Institute, P.O. Box 5300, Adelanto, CA 92301, and when acting for or on
behalf of Durrani, 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. 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 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 766.203 of the Regulations, any other person, firm,
corporation, or business organization related to ARIF Ali Durrani by
affiliation, ownership, control, or position of responsibility in the
conduct of trade or related services may also be made subject to the
provisions or 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 June 5, 2015.
VI. In accordance with Part 756 of the Regulations, Durrani 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 Durrani. This Order
shall be published in the Federal Register.
Dated: June 9, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07-2981 Filed 6-15-07; 8:45 am]
BILLING CODE 3510-DT-M
