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]

Download as PDF jlentini on PROD1PC65 with NOTICES 33446 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, VerDate Aug<31>2005 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 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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 E:\FR\FM\18JNN1.SGM 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 PO 00000 Frm 00003 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 18JNN1

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]


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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