Action Affecting Export Privileges; Ghassan Tabbaa, 27773-27774 [E9-13689]

Download as PDF jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Notices following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: Northeast Multispecies Days-atSea Leasing Program. OMB Control Number: 0648–0475. Form Number(s): None. Type of Request: Regular submission. Burden Hours: 584. Number of Respondents: 1,400. Average Hours per Response: Applications for days-at-sea leasing, 5 minutes; and applications to downgrade days-at-sea leasing baseline, 1 hour. Needs and Uses: The National Marine Fisheries Service (NMFS) is requesting a three-year renewal of this information collection in order to continue management of the days-at-sea (DAS) Leasing Program for the Northeast (NE) Multispecies Fishery Management Plan (FMP), developed under the authority of the Magnuson-Stevens Conservation and Management Act (MagnusonStevens Act), 16 U.S.C. 1801 et seq. The reduction in the DAS allocated to permit holders through several management actions has limited the ability of some vessels to participate in the fishery, resulting in a loss of revenue and/or the ability to operate at a profit. The DAS Leasing Program was established in Amendment 13 to the NE Multispecies FMP (0648–AN17 (69 FR 22906)). The DAS Leasing Program has enabled vessels to increase their revenue either by leasing additional DAS from another vessel and using them to increase their participation in the fishery, or by leasing allocated DAS that they may not use to certain other vessels. Affected Public: Business or other forprofit organizations. Frequency: Annually and one time only. Respondent’s Obligation: Required to obtain or retain benefits. OMB Desk Officer: David Rostker, (202) 395–3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482–0266, Department of Commerce, Room 7845, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, FAX number (202) 395–7285, or David_Rostker@omb.eop.gov. VerDate Nov<24>2008 16:37 Jun 10, 2009 Jkt 217001 Dated: June 8, 2009. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E9–13701 Filed 6–10–09; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Action Affecting Export Privileges; Ghassan Tabbaa In the Matter of: Ghassan Tabbaa, 27861 Hacienda Blvd., East #219A, Bonita Springs, FL 34135. Order Denying Export Privileges On January 3, 2008, in the U.S. District Court for Southern District of Florida, Ghassan Tabbaa (‘‘Tabbaa’’) pled guilty to and was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701– 1706 (2000)) (‘‘IEEPA’’). Tabbaa pled guilty to knowingly and willfully violating the embargo against Syria by attempting to export and re-export two Mercedes Benz automobiles from the United States to Syria via the Lebanese Republic, without the required license issued by the Department of Commerce. In addition, Tabbaa was also convicted of one false statement count. Tabbaa was sentenced to 4 days in prison (credit time served); two years of supervised release, including six months of home confinement; a $200 special assessment; and forfeiture of one Mercedes Benz. Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or ‘‘Regulations’’) 1 provides, in pertinent part, that ‘‘[t]he Director of the Office of Exporter Services, in consultation with the Director of the Office of Export Enforcement, may deny the export privileges of any person who has been convicted of a violation of the [Export Administration Act (‘‘EAA’’)], the EAR, or any order, license or authorization issued thereunder; any regulation, license, or order issued under the International Emergency Economic Powers Act (50 U.S.C. 1701–1706); 18 U.S.C. 793, 794 or 798; section 4(b) of 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2009). The Regulations issued pursuant to the EAA, which is currently codified at 50 U.S.C. app. §§ 2401–2420 (2000). Since August 21, 2001, the EAA has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of July 23, 2008 (73 FR 43603, July 25, 2008), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701–1706 (2000)). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 27773 the Internal Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms Export Control Act (22 U.S.C. 2778).’’ 15 CFR 766.25(a); see also Section 11(h) of the EAA, 50 U.S.C. app. § 2410(h). The denial of export privileges under this provision may be for a period of up to 10 years from the date of the conviction. 15 CFR 766.25(d); see also 50 U.S.C. app. § 2410(h). In addition, Section 750.8 of the Regulations states that the Bureau of Industry and Security’s Office of Exporter Services may revoke any Bureau of Industry and Security (‘‘BIS’’) licenses previously issued in which the person had an interest at the time of his conviction. I have received notice of Tabbaa’s conviction for violating the IEEPA, and have provided notice and an opportunity for Tabbaa to make a written submission to BIS, as provided in Section 766.25 of the Regulations. I have not received a submission from Tabbaa. Based upon my review and consultations with BIS’s Office of Export Enforcement, including its Director, and the facts available to BIS, I have decided to deny Tabbaa’s export privileges under the Regulations for a period of five years from the date of Tabbaa’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Tabbaa had an interest at the time of his conviction. Accordingly, it is hereby ordered: I. Until January 3, 2013, Ghassan Tabbaa, currently at: 27861 Hacienda Blvd., East #219A, Bonita Springs, FL 34135, and when acting for or on behalf of Tabbaa, 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 E:\FR\FM\11JNN1.SGM 11JNN1 jlentini on PROD1PC65 with NOTICES 27774 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Notices C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations. II. No person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. III. After notice and opportunity for comment as provided in Section 766.23 of the Regulations, any other person, firm, corporation, or business organization related to Ghassan Tabbaa 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 foreignproduced direct product of U.S.-origin technology. VerDate Nov<24>2008 16:37 Jun 10, 2009 Jkt 217001 V. This Order is effective immediately and shall remain in effect until January 3, 2013. VI. In accordance with Part 756 of the Regulations, Tabbaa 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 Tabbaa. This Order shall be published in the Federal Register. without a validated export license. The required quarterly reports provide information on the chemical exported, quantity, name and address of recipient and the date shipped. The reports will be reviewed by the Bureau of Industry and Security to monitor quantities and patterns of shipments that might indicate circumvention of the regulations by entities seeking to acquire chemicals for chemical weapons purposes. Entered this 4th day of June 2009. Bernard Kritzer, Director, Office of Exporter Services. [FR Doc. E9–13689 Filed 6–10–09; 8:45 am] The reports are paper form submitted via mail, fax, or e-mail. BILLING CODE 3510–DT–P OMB Control Number: 0694–0086. Form Number(s): None. Type of Review: Regular submission. Affected Public: Business or other forprofit organizations. Estimated Number of Respondents: 20. Estimated Time per Response: 30 minutes for reports, and 5 minutes for recordkeeping. Estimated Total Annual Burden Hours: 12. Estimated Total Annual Cost to Public: $0. DEPARTMENT OF COMMERCE Bureau of Industry and Security Proposed Information Collection; Comment Request; Reports of Sample Shipments of Chemical Weapon Precursors AGENCY: Bureau of Industry and Security. ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before August 10, 2009. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 7845, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Larry Hall, BIS ICB Liaison, (202)482–4895, lhall@bis.doc.gov. SUPPLEMENTARY INFORMATION: I. Abstract This collection of information is needed to monitor sample shipments of chemical weapon precursors. Monitoring is required to facilitate and enforce provisions of the Export Administration Regulations that permit limited exports of sample shipments PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 II. Method of Collection III. Data IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: June 8, 2009. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E9–13702 Filed 6–10–09; 8:45 am] BILLING CODE 3510–33–P E:\FR\FM\11JNN1.SGM 11JNN1

Agencies

[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Notices]
[Pages 27773-27774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13689]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Ghassan Tabbaa

In the Matter of: Ghassan Tabbaa, 27861 Hacienda Blvd., East 
219A, Bonita Springs, FL 34135.

Order Denying Export Privileges

    On January 3, 2008, in the U.S. District Court for Southern 
District of Florida, Ghassan Tabbaa (``Tabbaa'') pled guilty to and was 
convicted of violating the International Emergency Economic Powers Act 
(50 U.S.C. 1701-1706 (2000)) (``IEEPA''). Tabbaa pled guilty to 
knowingly and willfully violating the embargo against Syria by 
attempting to export and re-export two Mercedes Benz automobiles from 
the United States to Syria via the Lebanese Republic, without the 
required license issued by the Department of Commerce. In addition, 
Tabbaa was also convicted of one false statement count. Tabbaa was 
sentenced to 4 days in prison (credit time served); two years of 
supervised release, including six months of home confinement; a $200 
special assessment; and forfeiture of one Mercedes Benz.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director 
of the Office of Exporter Services, in consultation with the Director 
of the Office of Export Enforcement, may deny the export privileges of 
any person who has been convicted of a violation of the [Export 
Administration Act (``EAA'')], the EAR, or any order, license or 
authorization issued thereunder; any regulation, license, or order 
issued under the International Emergency Economic Powers Act (50 U.S.C. 
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal 
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms 
Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also 
Section 11(h) of the EAA, 50 U.S.C. app. Sec.  2410(h). The denial of 
export privileges under this provision may be for a period of up to 10 
years from the date of the conviction. 15 CFR 766.25(d); see also 50 
U.S.C. app. Sec.  2410(h). In addition, Section 750.8 of the 
Regulations states that the Bureau of Industry and Security's Office of 
Exporter Services may revoke any Bureau of Industry and Security 
(``BIS'') licenses previously issued in which the person had an 
interest at the time of his conviction.
---------------------------------------------------------------------------

    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2009). The Regulations 
issued pursuant to the EAA, which is currently codified at 50 U.S.C. 
app. Sec. Sec.  2401-2420 (2000). Since August 21, 2001, the EAA has 
been in lapse and the President, through Executive Order 13222 of 
August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been 
extended by successive Presidential Notices, the most recent being 
that of July 23, 2008 (73 FR 43603, July 25, 2008), has continued 
the Regulations in effect under the International Emergency Economic 
Powers Act (50 U.S.C. 1701-1706 (2000)).
---------------------------------------------------------------------------

    I have received notice of Tabbaa's conviction for violating the 
IEEPA, and have provided notice and an opportunity for Tabbaa to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Tabbaa. Based upon 
my review and consultations with BIS's Office of Export Enforcement, 
including its Director, and the facts available to BIS, I have decided 
to deny Tabbaa's export privileges under the Regulations for a period 
of five years from the date of Tabbaa's conviction. I have also decided 
to revoke all licenses issued pursuant to the Act or Regulations in 
which Tabbaa had an interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    I. Until January 3, 2013, Ghassan Tabbaa, currently at: 27861 
Hacienda Blvd., East 219A, Bonita Springs, FL 34135, and when 
acting for or on behalf of Tabbaa, 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

[[Page 27774]]

    C. Benefitting in any way from any transaction involving any item 
exported or to be exported from the United States that is subject to 
the Regulations, or in any other activity subject to the Regulations.
    II. No person may, directly or indirectly, do any of the following:
    A. Export or reexport to or on behalf of the Denied Person any item 
subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Denied Person of the ownership, possession, or 
control of any item subject to the Regulations that has been or will be 
exported from the United States, including financing or other support 
activities related to a transaction whereby the Denied Person acquires 
or attempts to acquire such ownership, possession or control;
    C. Take any action to acquire from or to facilitate the acquisition 
or attempted acquisition from the Denied Person of any item subject to 
the Regulations that has been exported from the United States;
    D. Obtain from the Denied Person in the United States any item 
subject to the Regulations with knowledge or reason to know that the 
item will be, or is intended to be, exported from the United States; or
    E. Engage in any transaction to service any item subject to the 
Regulations that has been or will be exported from the United States 
and which is owned, possessed or controlled by the Denied Person, or 
service any item, of whatever origin, that is owned, possessed or 
controlled by the Denied Person if such service involves the use of any 
item subject to the Regulations that has been or will be exported from 
the United States. For purposes of this paragraph, servicing means 
installation, maintenance, repair, modification or testing.
    III. After notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to Ghassan Tabbaa 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 January 3, 2013.
    VI. In accordance with Part 756 of the Regulations, Tabbaa 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 Tabbaa. This Order 
shall be published in the Federal Register.

    Entered this 4th day of June 2009.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. E9-13689 Filed 6-10-09; 8:45 am]
BILLING CODE 3510-DT-P
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