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]
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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]
=======================================================================
-----------------------------------------------------------------------
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
