Action Affecting Export Privileges; Aaron Robert Henderson and Valhalla Tactical Supply, 32740-32741 [2010-13894]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security
• Industry and Security Bureau

[Federal Register Volume 75, Number 110 (Wednesday, June 9, 2010)]
[Notices]
[Pages 32740-32741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13894]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Aaron Robert Henderson and 
Valhalla Tactical Supply

    In the Matter of: Aaron Robert Henderson, 740 Jessie St., North 
Liberty, IA 52317. Respondent and Valhalla Tactical Supply, 740 
Jessie Street, North Liberty, IA 52317. Related Person; Order 
Denying Export Privileges

A. Denial of Export Privileges of Aaron Robert Henderson

    On September 18, 2009, in the U.S. District Court for the Southern 
District of Iowa, Aaron Robert Henderson (``Henderson'') pleaded guilty 
to and was convicted of one count of violating the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (``IEEPA''). 
Specifically, Henderson pleaded guilty to knowingly and willfully 
exporting and causing to be exported an EOTech sighting device from the 
United States to Taiwan without having first obtaining a validated 
export license from the Department of Commerce. Henderson was sentenced 
to time served, two years of supervised release, and a $100 special 
assessment.
    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 Sec.  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 in at the time of his conviction.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2010). 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 (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 et seq. (2000)).
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    I have received notice of Henderson's conviction for violating the 
IEEPA, and have provided notice and an opportunity for Henderson to 
make a written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Henderson. 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 Henderson's export privileges under the 
Regulations for a period of 10 years from the date of Henderson's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Henderson had an interest at the 
time of his conviction.

B. Denial of Export Privileges of Related Person

    Pursuant to Sections 766.25(h) and 766.23 of the Regulations, the 
Director of BIS's Office of Exporter Services, in consultation with the 
Director of BIS's Office of Export Enforcement, may take action to name 
persons related to a Respondent by ownership, control, position of 
responsibility, affiliation, or other connection in the conduct of 
trade or business in order to prevent evasion of a denial order. 
Because Henderson is the owner, operator and president of Valhalla 
Tactical Supply (``Valhalla''), Valhalla is related to Henderson by 
ownership, control, position of responsibility, affiliation, or other 
connection in the conduct of trade or business. BIS believes that 
naming Valhalla as an entity related to Henderson is necessary to avoid 
evasion of the denial order against Henderson.
    As provided in Section 766.23 of the Regulations, I gave notice to 
Valhalla that its export privileges under the Regulations could be 
denied for up to 10 years due to its relationship with Henderson and 
that BIS believes naming it as an entity related to Henderson would be 
necessary to prevent evasion of a denial order imposed against 
Henderson. In providing such notice, I gave Valhalla an opportunity to 
oppose its addition to the Henderson Denial Order as a related party. 
Having received no submission, I have decided, following consultations 
with BIS's Office of Export Enforcement, including its Director, to 
name Valhalla as a Related Person to the Henderson Denial Order, 
thereby denying its export privileges for ten years from the date of 
Henderson`s conviction.
    I have also decided to revoke all licenses issued pursuant to the 
Act or Regulations in which the Related Person had an interest at the 
time of Henderson's conviction. The 10-year denial period will end on 
September 18, 2019.
    Accordingly, it is hereby ordered:
    I. Until September 18, 2019, Aaron Robert Henderson with a last 
known address at, 740 Jessie Street, North Liberty, IA 52317, and when 
acting for or on behalf of Henderson, his representatives, assigns, 
agents, or employees, (``the Denied Person'') and the following person 
related to the Denied Person as defined by Section 766.23 of the 
Regulations: Valhalla Tactical Supply, with a last known address at 740 
Jessie Street, North Liberty, IA 52317, and when acting for or on 
behalf of Valhalla, it successors or assigns, employees, agents, (``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

[[Page 32741]]

(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 Person 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 Henderson by affiliation, ownership, control or 
position of responsibility in the conduct of trade or related services 
may also be 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 September 18, 2019.
    VI. In accordance with Part 756 of the Regulations, Henderson 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, the Related 
Person may also 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 the Denied Person 
and the Related Person. This Order shall be published in the Federal 
Register.

    Issued this 28th day of May 2010.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2010-13894 Filed 6-8-10; 8:45 am]
BILLING CODE 3510-DT-P