Action Affecting Export Privileges; George Charles Budenz II and Richard Scott Tobey; In the Matter of: 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, Respondent: and Richard Scott Tobey, 42079 Humber Drive, Temecula, CA 92591, Related Person, 33445-33446 [07-2982]

Download as PDF 33445 Notices Federal Register Vol. 72, No. 116 Monday, June 18, 2007 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. COMMISSION ON CIVIL RIGHTS jlentini on PROD1PC65 with NOTICES Agenda and Notice of Public Meeting of the Illinois Advisory Committee Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that a planning meeting of the Illinois Advisory Committee to the Commission will convene by conference call at 1 p.m. and adjourn at 2 p.m. CST on June 22, 2007. The purpose of the meeting is to approve two project proposals: (1) Enforcing Prohibitions of Religious Discrimination in Illinois Prisons, and (2) Racial and Ethnic Disparities of Health in Chicago. This meeting is available to the public through the following toll-free call-in number: 800–516–9896, access code 9594. Any interested member of the public may call this number and listen to the meeting. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1–800–977– 8339 and providing the Service with the conference call number and access code. To ensure that the Commission secures an appropriate number of lines for the public, persons are asked to register by contacting Carolyn Allen of the Midwestern Regional office at (312) 353–8311, by 12 p.m. on June 21, 2007. Members of the public are entitled to submit written comments. The comments must be received in the regional office by June 18, 2007. The address is 55 W. Monroe St., Suite 410, Chicago, IL 60603. Comments may be emailed to Carolyn Allen at callen@usccr.gov. Records generated by this meeting may be inspected and VerDate Aug<31>2005 18:19 Jun 15, 2007 Jkt 211001 reproduced at the Midwestern Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission’s Web site, www.usccr.gov, or to contact the Midwestern Regional Office at the above email or street address. The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA. Dated in Washington, DC, June 12, 2007. Ivy Davis, Acting Chief, Regional Programs Coordination Unit. [FR Doc. E7–11639 Filed 6–15–07; 8:45 am] BILLING CODE 6335–02–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Action Affecting Export Privileges; George Charles Budenz II and Richard Scott Tobey; In the Matter of: 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, Respondent: and Richard Scott Tobey, 42079 Humber Drive, Temecula, CA 92591, Related Person Order Denying Export Privileges A. Denial of Export Privileges of George Charles Budenz II On July 19, 2006, in the U.S. District Court in the Southern District of California, following a plea of guilty, George Charles Budenz II (‘‘Budenz’’ or ‘‘Respondent’’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2000)) (‘‘AECA’’). Budenz pled guilty to knowingly and willfully exporting and causing to be exported from the United States to Malaysia and Belgium 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 other written authorization for such an export. Budenz was sentenced to 36 months imprisonment and fined $10,000, followed by three years of supervised release. PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 Section 11(h) of the Export Administration Act of 1979, as amended (currently codified at 50 U.S.C. app. 2401–2420 (2000)) (the ‘‘Act’’) 1 and § 766.25 of the Export Administration Regulations (‘‘Regulations’’) 2 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 in at the time of his conviction. I have received notice of Budenz’s conviction for violating the AECA, and have provided notice and an opportunity for Budenz 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 Budenz, I, following consultations with the Office of Export Enforcement, including its Director, have decided to deny Budenz’s export privileges under the Regulations for a period of five years from the date of Budenz’s conviction. B. Denial of Export Privileges of Related Persons In addition, pursuant to §§ 766.25(h) and 766.23 of the Regulations, the Director, Office of Exporter Services, in consultation with the Director, Office of Export Enforcement, may take action to name persons related to the Respondent by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business in order to prevent evasion of the Order. I gave notice to Richard Scott Tobey (‘‘Tobey’’), notifying him that his export privileges under the Regulations could be denied for up to 10 years as BIS believes that he is related to Arif Ali 1 50 U.S.C. app. § 2401–2420. 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 (2007). E:\FR\FM\18JNN1.SGM 18JNN1 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

Agencies

[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Notices]
[Pages 33445-33446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2982]


=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; George Charles Budenz II and 
Richard Scott Tobey; In the Matter of: 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, Respondent: and Richard Scott Tobey, 42079 Humber Drive, 
Temecula, CA 92591, Related Person

Order Denying Export Privileges

A. Denial of Export Privileges of George Charles Budenz II

    On July 19, 2006, in the U.S. District Court in the Southern 
District of California, following a plea of guilty, George Charles 
Budenz II (``Budenz'' or ``Respondent'') was convicted of violating 
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2000)) 
(``AECA''). Budenz pled guilty to knowingly and willfully exporting and 
causing to be exported from the United States to Malaysia and Belgium 
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 other written 
authorization for such an export. Budenz was sentenced to 36 months 
imprisonment and fined $10,000, 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)) (the ``Act'') 
\1\ and Sec.  766.25 of the Export Administration Regulations 
(``Regulations'') \2\ 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 
in at the time of his conviction.
---------------------------------------------------------------------------

    \1\ 50 U.S.C. app. Sec.  2401-2420. 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 (2007).
---------------------------------------------------------------------------

    I have received notice of Budenz's conviction for violating the 
AECA, and have provided notice and an opportunity for Budenz 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 
Budenz, I, following consultations with the Office of Export 
Enforcement, including its Director, have decided to deny Budenz's 
export privileges under the Regulations for a period of five years from 
the date of Budenz's conviction.

B. Denial of Export Privileges of Related Persons

    In addition, pursuant to Sec. Sec.  766.25(h) and 766.23 of the 
Regulations, the Director, Office of Exporter Services, in consultation 
with the Director, Office of Export Enforcement, may take action to 
name persons related to the Respondent by ownership, control, position 
of responsibility, affiliation, or other connection in the conduct of 
trade or business in order to prevent evasion of the Order. I gave 
notice to Richard Scott Tobey (``Tobey''), notifying him that his 
export privileges under the Regulations could be denied for up to 10 
years as BIS believes that he is related to Arif Ali

[[Page 33446]]

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, 
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 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 foreign-produced 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