Action Affecting Export Privileges; Green Supply, Inc.; Robert Leland Green and William Robert Green; Order Denying Export Privileges, 32743-32745 [2010-13895]
Download as PDF
<![CDATA[
erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Notices
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. 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 in at the time of
his conviction.
I have received notice of Piquet’s
conviction for violating the IEEPA and
AECA, and have provided notice and an
opportunity for Piquet to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. I have
not received a submission from Piquet.
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 Piquet’s export
privileges under the Regulations for a
period of 10 years from the date of
Piquet’s conviction. I have also decided
to revoke all licenses issued pursuant to
the Act or Regulations in which Piquet
had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
I. Until May 14, 2019, Joseph Piquet,
with a last known address at: 76067–
004, FDI Miami, Federal Detention
Center, P.O. Box 019120, Miami, FL
33101 and 1258 SW Maplewood Dr.,
Port St. Lucie, FL 34986, and when
acting for or on behalf of Piquet, 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
VerDate Mar<15>2010
15:10 Jun 08, 2010
Jkt 220001
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 the Denied
Person 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-
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
32743
produced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until May 14,
2019.
VI. In accordance with Part 756 of the
Regulations, Piquet 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 Piquet. 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. 2010–13897 Filed 6–8–10; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Green Supply, Inc.; Robert Leland
Green and William Robert Green;
Order Denying Export Privileges
In the Matter of: Green Supply, Inc., 3059
Audrian Road 581,) Vandalia, Missouri
63382, Respondent; Robert Leland Green,
3059 Audrian Road 581, Vandalia, Missouri
63382; William Robert Green, 3059 Audrian
Road 581, Vandalia, Missouri 63382; Related
Persons.
A. Denial of Export Privileges of Green
Supply, Inc.
On January 22, 2008, in the U.S.
District Court for the Eastern District of
Missouri, Green Supply, Inc. (‘‘GSI’’)
pled guilty to, and was convicted of, one
count of violating the International
Emergency Economics Power Act, (50
U.S.C. 1701 et seq.) (‘‘IEEPA’’) and one
count of violating Section 38 of the
Arms Export Control Act (22 U.S.C.
2778 (2000)) (‘‘AECA’’). Specifically, GSI
pled guilty to knowingly and willfully
exporting to persons outside the United
States certain commodities which
included night vision goggles, global
positioning systems, and firearm scopes
and sights without the required licenses,
in violation of IEEPA. GSI also pled
guilty to knowingly and willfully
exporting to persons outside the United
States firearm magazines or clips
without the required licenses, in
violation of the AECA. GSI was
sentenced to two years probation, fined
$17,500.00 and an $800.00 special
assessment.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
E:\FR\FM\09JNN1.SGM
09JNN1
32744
Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Notices
‘‘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,
of 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. section 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. section 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.
I have received notice of GSI’s
conviction for violating the IEEPA and
AECA, and have provided notice and an
opportunity for GSI to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. I have
not received a submission from GSI.
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 GSI’s export
privileges under the Regulations for a
period of five years from the date of
GSI’s conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which GSI had
an interest at the time of its conviction.
erowe on DSK5CLS3C1PROD with NOTICES
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
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 (50 U.S.C. app. section 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 part 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)).
VerDate Mar<15>2010
15:10 Jun 08, 2010
Jkt 220001
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. GSI’s 2009 annual
report, filed with the Missouri Secretary
of State on April 10, 2009 lists Robert
Green as President and William Green
as Secretary. William Green and Robert
Green are related to GSI by ownership,
control, position of responsibility,
affiliation, or other connection in the
conduct of trade or business. BIS
believes that naming William Green and
Robert Green as persons related to GSI
is necessary to avoid evasion of the
denial order against GSI.
As provided in Section 766.23 of the
Regulations, I gave notice to William
Green and Robert Green that their
export privileges under the Regulations
could be denied for up to 10 years due
to their relationship with GSI and that
BIS believes naming them as persons
related to GSI would be necessary to
prevent evasion of a denial order
imposed against GSI. In providing such
notice, I gave William Green and Robert
Green an opportunity to oppose their
addition to the GSI 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 William Green and
Robert Green as Related Persons to the
GSI Denial Order, thereby denying their
export privileges for five years from the
date of GSI‘s conviction.
I have also decided to revoke all
licenses issued pursuant to the Act or
Regulations in which the Related
Persons had an interest at the time of
GSI’s conviction. The five-year denial
period will end on January 22, 2013.
Accordingly, it is hereby ordered
I. Until January 22, 2013, Green
Supply, Inc., 3059 Audrian Road 581,
Vandalia, Missouri 63382, and when
acting for or on behalf of GSI, its
successors or assigns, agents, or
employees, (‘‘the Denied Person’’) and
the following persons related to the
Denied Person as defined by Section
766.23 of the Regulations: Robert Leland
Green and William Robert Green, both
with an address at 3059 Audrian Road
581, Vandalia, Missouri 63382, and
when acting for or on their behalf,
employees, agents or representatives,
(‘‘the Related Persons’’) (together, the
Denied Person and the Related Persons
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
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
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.
E:\FR\FM\09JNN1.SGM
09JNN1
Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Notices
III. In addition to the Related Persons
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 the
Denied Person 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.
V. This Order is effective immediately
and shall remain in effect until January
22, 2013.
VI. In accordance with Part 756 of the
Regulations, GSI 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.
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. 2010–13895 Filed 6–8–10; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–AY26
erowe on DSK5CLS3C1PROD with NOTICES
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Scoping Process
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent to prepare an
environmental impact statement (EIS);
notice of initiation of scoping process;
notice of scoping meetings; request for
comments.
SUMMARY: The Mid-Atlantic Fishery
Management Council (Council)
VerDate Mar<15>2010
15:10 Jun 08, 2010
Jkt 220001
announces its intent to prepare an
amendment (Amendment 14) to the
Fishery Management Plan (FMP) for
Atlantic Mackerel, Squid, and Butterfish
(MSB) and to prepare an EIS to analyze
the impacts of any proposed
management measures. This
amendment may address one or more of
the following issues: The
implementation of catch share systems
for the squid fisheries; the need for
additional fishery monitoring to
determine the significance of river
herring and shad incidental catch in the
MSB fisheries; and the effectiveness and
impacts of management measures to
minimize bycatch and/or incidental
catch of river herrings and shads. The
Council is initiating a public process to
determine the scope of alternatives to be
addressed in the amendment and EIS.
NMFS and the Council are alerting the
interested public of the commencement
of the scoping process and providing for
public participation in compliance with
environmental documentation
requirements.
DATES: Public comments on
Amendment 14 scoping must be
received no later than 5 p.m., eastern
standard time, on July 9, 2010.
ADDRESSES: Written comments on
Amendment 14 may be sent by any of
the following methods:
• E-mail to the following address:
info1@mafmc.org. Include ‘‘Scoping
Comments on MSB 14’’ in the subject
line;
• Mail to Dan Furlong, Executive
Director, Mid-Atlantic Fishery
Management Council, 800 North State
Street, Suite 201, Dover, DE 19901.
Mark the outside of the envelope
‘‘Scoping Comments on MSB 14;’’ or
• Fax to Dan Furlong, (302) 674–
5399. Include ‘‘Scoping Comments on
MSB 14’’ in the fax.
Requests for copies of the scoping
document and other information should
be directed to Dan Furlong, Executive
Director, Mid-Atlantic Fishery
Management Council, 800 North State
Street, Suite 201, Dover, DE 19901, tollfree telephone: (877) 446–2362. The
scoping document is also accessible via
the Internet at https://www.mafmc.org/
fmp/msb.htm.
FOR FURTHER INFORMATION CONTACT: Dan
Furlong, Executive Director, MidAtlantic Fishery Management Council.
Toll-free telephone: (877) 446–2362.
SUPPLEMENTARY INFORMATION:
Background
The Council initiated Amendment 14
to the MSB FMP for two reasons: (1)
There are concerns among some
stakeholders that there may be too much
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
32745
harvesting capacity in the squid (both
Loligo and Illex) fisheries and that
uncontrolled activation of latent
capacity could cause negative economic
effects for participants. Implementation
of catch shares may address some of
these concerns; and (2) There is concern
by some stakeholders that more should
be done to monitor and/or minimize the
incidental catch of river herrings
(blueback and alewife) and shads
(American and hickory) in the MSB
fisheries, especially given the currently
low levels of monitoring in the MSB
fisheries and the likely poor stock status
of shads and river herrings.
Related to the first concern, this
amendment may address one or more of
the following issues: The
implementation of catch share systems
for the squid fisheries to further refine
the existing management process, the
biological and socio-economic outcomes
of a catch share system and how such
outcomes depend on specific program
design features, and the possible need
for changes to existing information
collection processes if a catch share
system is implemented. Related to the
second concern, the amendment may
address: The need for additional fishery
monitoring to determine the
significance of river herring and shad
incidental catch in the MSB fisheries,
and the effectiveness and impacts of
possible management measures to
minimize bycatch and/or incidental
catch of river herrings and shads in the
MSB fisheries.
The Council will gather information
during the scoping period. This is the
first and best opportunity for members
of the public to raise concerns related to
the scope of issues that will be
considered in Amendment 14. The
Council needs your input both to
identify management issues and
develop effective alternatives. Your
comments early in the amendment
development process will help us
address issues of public concern in a
thorough and appropriate manner.
Comments can be made in writing or
made verbally during the scoping
hearings. The Council announced the
scoping meeting dates in a separate
Federal Register notice published on
May 27, 2010 (75 FR 29725). If the
Council decides to move forward with
Amendment 14, the Council will
develop a range of management
alternatives to be considered and
prepare an EIS to analyze the impacts of
the management alternatives being
considered as required by the National
Environmental Policy Act. Impacts may
be direct, individual, or cumulative. A
draft EIS will be distributed for public
review. During a 45–day public
E:\FR\FM\09JNN1.SGM
09JNN1
]]>Agencies
[Federal Register Volume 75, Number 110 (Wednesday, June 9, 2010)]
[Notices]
[Pages 32743-32745]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13895]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Green Supply, Inc.; Robert
Leland Green and William Robert Green; Order Denying Export Privileges
In the Matter of: Green Supply, Inc., 3059 Audrian Road 581,)
Vandalia, Missouri 63382, Respondent; Robert Leland Green, 3059
Audrian Road 581, Vandalia, Missouri 63382; William Robert Green,
3059 Audrian Road 581, Vandalia, Missouri 63382; Related Persons. )
A. Denial of Export Privileges of Green Supply, Inc.
On January 22, 2008, in the U.S. District Court for the Eastern
District of Missouri, Green Supply, Inc. (``GSI'') pled guilty to, and
was convicted of, one count of violating the International Emergency
Economics Power Act, (50 U.S.C. 1701 et seq.) (``IEEPA'') and one count
of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2000)) (``AECA''). Specifically, GSI pled guilty to knowingly and
willfully exporting to persons outside the United States certain
commodities which included night vision goggles, global positioning
systems, and firearm scopes and sights without the required licenses,
in violation of IEEPA. GSI also pled guilty to knowingly and willfully
exporting to persons outside the United States firearm magazines or
clips without the required licenses, in violation of the AECA. GSI was
sentenced to two years probation, fined $17,500.00 and an $800.00
special assessment.
Section 766.25 of the Export Administration Regulations (``EAR'' or
[[Page 32744]]
``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, of 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. section 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. section 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.
---------------------------------------------------------------------------
\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 (50 U.S.C. app. section 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
part 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)).
---------------------------------------------------------------------------
I have received notice of GSI's conviction for violating the IEEPA
and AECA, and have provided notice and an opportunity for GSI to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from GSI. 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 GSI's export privileges under the Regulations for a period of
five years from the date of GSI's conviction. I have also decided to
revoke all licenses issued pursuant to the Act or Regulations in which
GSI had an interest at the time of its 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. GSI's
2009 annual report, filed with the Missouri Secretary of State on April
10, 2009 lists Robert Green as President and William Green as
Secretary. William Green and Robert Green are related to GSI by
ownership, control, position of responsibility, affiliation, or other
connection in the conduct of trade or business. BIS believes that
naming William Green and Robert Green as persons related to GSI is
necessary to avoid evasion of the denial order against GSI.
As provided in Section 766.23 of the Regulations, I gave notice to
William Green and Robert Green that their export privileges under the
Regulations could be denied for up to 10 years due to their
relationship with GSI and that BIS believes naming them as persons
related to GSI would be necessary to prevent evasion of a denial order
imposed against GSI. In providing such notice, I gave William Green and
Robert Green an opportunity to oppose their addition to the GSI 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 William Green and Robert
Green as Related Persons to the GSI Denial Order, thereby denying their
export privileges for five years from the date of GSI`s conviction.
I have also decided to revoke all licenses issued pursuant to the
Act or Regulations in which the Related Persons had an interest at the
time of GSI's conviction. The five-year denial period will end on
January 22, 2013.
Accordingly, it is hereby ordered
I. Until January 22, 2013, Green Supply, Inc., 3059 Audrian Road
581, Vandalia, Missouri 63382, and when acting for or on behalf of GSI,
its successors or assigns, agents, or employees, (``the Denied
Person'') and the following persons related to the Denied Person as
defined by Section 766.23 of the Regulations: Robert Leland Green and
William Robert Green, both with an address at 3059 Audrian Road 581,
Vandalia, Missouri 63382, and when acting for or on their behalf,
employees, agents or representatives, (``the Related Persons'')
(together, the Denied Person and the Related Persons 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 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.
[[Page 32745]]
III. In addition to the Related Persons 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 the Denied Person 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 22, 2013.
VI. In accordance with Part 756 of the Regulations, GSI 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.
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. 2010-13895 Filed 6-8-10; 8:45 am]
BILLING CODE 3510-DT-P
