Action Affecting Export Privileges; Bertrand Lalsingh, 46416-46417 [E9-21634]
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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices
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obtaining the required authorization
from the U.S. Department of Treasury,
Office of Foreign Assets Controls. Freyer
was sentenced to be imprisoned for 17
months and upon release from
imprisonment be placed on probation
for 2 years. In addition Freyer was fined
$10,000.00. He was released from prison
on April 21, 2009.
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. § 24 10(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. § 24 10(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 in at the time of
his conviction.
I have received notice of Freyer’s
conviction for violating the IEEPA, and
have provided notice and an
opportunity for Freyer to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. I have
received a submission from Freyer.
Based upon my review and
consideration of that submission, my
consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
I have decided to deny Freyer’s export
privileges under the Regulations for a
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2009), The Regulations are issued pursuant to
the Export Administration Act (‘‘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
August 13, 2009 (74 FR 41,325 (August 14, 2009)),
has continued the Regulations in effect under the
International Emergency Economic Powers Act (50
U.S.C. 1701–1706 (2000)).
VerDate Nov<24>2008
15:47 Sep 08, 2009
Jkt 217001
period often years from the date of
Freyer’s conviction.
Accordingly, it is hereby Ordered
I. Until December 17, 2017, Andrew
Ward Freyer with an address at: 54325
Oak I–Jill, La Quinta, CA, 92253, and
when acting for or on behalf of Freyer,
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. 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
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Fmt 4703
Sfmt 4703
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 Andrew Freyer
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
December 17, 2017.
VI. In accordance with Part 756 of the
Regulations, Freyer 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 Freyer. This Order shall be
published in the Federal Register.
Issued this 1st day of September 2009.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. E9–21633 Filed 9–8–09; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Bertrand Lalsingh
In the Matter of: Bertrand Lalsingh, 4252
Stirling Rd., Hollywood, FL 33021.
Order Denying Export Privileges
On February 8, 2008, in the U.S.
District Court for Southern District of
Florida, Bertrand Lalsingh (‘‘Lalsingh’’)
pled guilty to, and was convicted of,
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2000))
(‘‘AECA’’). Lalsingh pled guilty to
E:\FR\FM\09SEN1.SGM
09SEN1
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices
knowingly and willfully exporting an
EOTech 553 Holographic Weapon Sight,
an item designated as a ‘‘defense
article’’ in Category I of the United
States Munitions List, from the United
States to Germany, without having first
obtained authorization from the
Department of State. Lalsingh was
sentenced to 5 months prison, 5 months
home confinement, 2 years probation,
and a $100 special assessment. He was
released from prison on August 19,
2008.
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’’)J, 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. § 24 10(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. § 24 10(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 in at the time of
his conviction.
I have received notice of Lalsingh’s
conviction for violating the AECA, and
have provided notice and an
opportunity for Lalsingh to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations. I
have not received a submission from
Lalsingh. Based upon my review and
consultations with BIS’s Office of
Export Enforcement, including its
cprice-sewell on DSK2BSOYB1PROD with NOTICES
1 The
Regulations are currently codified in the
Code of Federal Regulations at 15 CFR Parts 730–
774 (2009). The Regulations are issued pursuant to
the Export Administration Act (‘‘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
August 13, 2009 (74 FR 41325 (August 14, 2009)),
has continued the Regulations in effect under the
International Emergency Economic Powers Act (50
U.S.C. 1701–1706 (2000)).
VerDate Nov<24>2008
15:47 Sep 08, 2009
Jkt 217001
Director, and the facts available to BIS,
I have decided to deny Lalsingh’s export
privileges under the Regulations for a
period of five years from the date of
Lalsingh’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Lalsingh had an interest at the
time of his conviction.
Accordingly, it is hereby Ordered:
I. Until February 8, 2013, Bertrand
Lalsingh with an address at: 4252
Stirling Rd., Hollywood, FL 33021, and
when acting for or on behalf of Lalsingh,
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. 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;
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Sfmt 4703
46417
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 Bertrand
Lalsingh 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 February
8, 2013
VI. In accordance with Part 756 of the
Regulations, Lalsingh 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 Lalsingh. This Order shall
be published in the Federal Register.
Issued this 31st day August 2009.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. E9–21634 Filed 9–8–09; 8:45 am]
BILLING CODE 3510–DT–M
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09SEN1
Agencies
[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Notices]
[Pages 46416-46417]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21634]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Bertrand Lalsingh
In the Matter of: Bertrand Lalsingh, 4252 Stirling Rd.,
Hollywood, FL 33021.
Order Denying Export Privileges
On February 8, 2008, in the U.S. District Court for Southern
District of Florida, Bertrand Lalsingh (``Lalsingh'') pled guilty to,
and was convicted of, violating Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2000)) (``AECA''). Lalsingh pled guilty to
[[Page 46417]]
knowingly and willfully exporting an EOTech 553 Holographic Weapon
Sight, an item designated as a ``defense article'' in Category I of the
United States Munitions List, from the United States to Germany,
without having first obtained authorization from the Department of
State. Lalsingh was sentenced to 5 months prison, 5 months home
confinement, 2 years probation, and a $100 special assessment. He was
released from prison on August 19, 2008.
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'')J, 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. 24 10(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. 24 10(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 in 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
are issued pursuant to the Export Administration Act (``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 August 13, 2009
(74 FR 41325 (August 14, 2009)), 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 Lalsingh's conviction for violating the
AECA, and have provided notice and an opportunity for Lalsingh to make
a written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from Lalsingh. 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 Lalsingh's export privileges under the Regulations for a period
of five years from the date of Lalsingh's conviction. I have also
decided to revoke all licenses issued pursuant to the Act or
Regulations in which Lalsingh had an interest at the time of his
conviction.
Accordingly, it is hereby Ordered:
I. Until February 8, 2013, Bertrand Lalsingh with an address at:
4252 Stirling Rd., Hollywood, FL 33021, and when acting for or on
behalf of Lalsingh, 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. 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 Bertrand Lalsingh 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 February 8, 2013
VI. In accordance with Part 756 of the Regulations, Lalsingh 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 Lalsingh. This
Order shall be published in the Federal Register.
Issued this 31st day August 2009.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. E9-21634 Filed 9-8-09; 8:45 am]
BILLING CODE 3510-DT-M