In the Matter of: Steven Neal Greenoe, Currently Incarcerated at: Inmate #54450-056, USP Atlanta, U.S. Penitentiary, P.O. Box 1150160, Atlanta, GA 30315, and With an Address at: 8933 Windjammer Drive, Raleigh, NC 27615; Order Denying Export Privileges, 46685-46686 [2012-19101]
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mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Notices
agents or employees, (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, 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
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Jkt 226001
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 Universal 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 foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until August
19, 2014.
VI. In accordance with Part 756 of the
Regulations, Universal 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 the Universal. This Order
shall be published in the Federal
Register.
46685
In the Matter of: Steven Neal Greenoe,
Currently Incarcerated at: Inmate
#54450–056, USP Atlanta, U.S.
Penitentiary, P.O. Box 1150160,
Atlanta, GA 30315, and With an
Address at: 8933 Windjammer Drive,
Raleigh, NC 27615; Order Denying
Export Privileges
defense article on the United States
Munitions List, without having first
obtained from the Department of State a
license for such export or written
authorization for such export. Greenoe
was also convicted of engaging in
international travel to deal in firearms
without a license (18 U.S.C. 924(n)).
Greenoe was sentenced to 120 months
in prison followed by three years
supervised release. Greenoe is also
listed on the U.S. Department of State
Debarred List.
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. § 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 Greenoe’s
conviction for violating the AECA, and
have provided notice and an
opportunity for Greenoe to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations. I
have not received a submission from
Greenoe. Based upon my review and
consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
On January 10, 2012, in the U.S.
District Court, District of North
Carolina, Steven Neal Greenoe
(‘‘Greenoe’’) was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2000)) (‘‘AECA’’).
Specifically, Greenoe was convicted of
knowingly and willfully exporting and
causing to be exported from the United
States to England defense articles, that
is, firearms which are designated as a
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2012). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. app. §§ 2401–
2420 (2000)) (‘‘EAA’’). 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 12, 2011 (76 FR 50661 (August
16, 2011)), has continued the Regulations in effect
under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq. (2000)).
Issued this 27 day of July 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012–19102 Filed 8–3–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
PO 00000
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46686
Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Notices
I have decided to deny Greenoe’s export
privileges under the Regulations for a
period of 10 years from the date of
Greenoe’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Greenoe had an interest at the
time of her conviction.
Accordingly, it is hereby ordered
I. Until January 10, 2022, Steven Neal
Greenoe, with last known addresses at:
Currently incarcerated at: Inmate
#54450–056, USP Atlanta, U.S.
Penitentiary, P.O. Box 1150160, Atlanta,
GA, and 8933 Windjammer Drive,
Raleigh, NC 27615, and when acting for
or on behalf of Greenoe, his
representatives, assigns, agents or
employees (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, 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;
VerDate Mar<15>2010
17:11 Aug 03, 2012
Jkt 226001
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 Greenoe 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 foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until January
10, 2022.
VI. In accordance with Part 756 of the
Regulations, Greenoe 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 the Greenoe. This Order
shall be published in the Federal
Register.
Issued this 27th day of July 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012–19101 Filed 8–3–12; 8:45 am]
BILLING CODE P
PO 00000
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
Steel Nails From the People’s Republic
of China: Notice of Court Decision Not
in Harmony With Final Scope Ruling
and Notice of Amended Final Scope
Ruling Pursuant to Court Decision
On July 25, 2012, the United
States Court of International Trade
(‘‘CIT’’) sustained the Department of
Commerce’s (‘‘Department’’) results of
redetermination, which construed the
scope of the Order 1 as including steel
nails found within Target Corporation’s
toolkits from the People’s Republic of
China (‘‘PRC’’), pursuant to the CIT’s
remand order in Mid Continent Nail
Corp. v. United States, Slip Op. 12–31,
Court No. 10–00247 (March 7, 2012)
(‘‘Mid Continent II’’). See May 14, 2012
‘‘Final Results of Second Remand
Redetermination Pursuant To Remand
Order’’ (second remand
redetermination); Mid Continent Nail
Corp. v. United States, Slip Op. 12–97,
Court No. 10–00247 (July 25, 2012)
(‘‘Mid Continent III’’). Consistent with
the decision of the United States Court
of Appeals for the Federal Circuit
(‘‘CAFC’’) in Timken Co. v. United
States, 893 F.2d 337 (Fed. Cir. 1990)
(‘‘Timken’’), as clarified by Diamond
Sawblades Mfrs. Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010)
(‘‘Diamond Sawblades’’), the
Department is notifying the public that
the final judgment in this case is not in
harmony with the Department’s final
scope ruling and is amending its final
scope ruling on certain steel nails from
the PRC contained within toolkits. See
Final Scope Ruling: Certain Steel Nails
from the People’s Republic of China,
Request by Target Corporation,
Memorandum from James C. Doyle,
Director Office 9, to Edward C. Yang,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, dated August10, 2010
(‘‘Final Scope Ruling’’).
DATES: Effective Date: August 4, 2012.
FOR FURTHER INFORMATION CONTACT:
Jamie Blair-Walker, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2615.
SUPPLEMENTARY INFORMATION: On August
10, 2010, the Department issued a final
scope ruling on toolkits from the PRC
SUMMARY:
1 Notice of Antidumping Duty Order: Certain
Steel Nails from the People’s Republic of China, 73
FR 44961 (August 1, 2008) (‘‘Order’’).
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]]>Agencies
[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46685-46686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19101]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Steven Neal Greenoe, Currently Incarcerated at:
Inmate 54450-056, USP Atlanta, U.S. Penitentiary, P.O. Box
1150160, Atlanta, GA 30315, and With an Address at: 8933 Windjammer
Drive, Raleigh, NC 27615; Order Denying Export Privileges
On January 10, 2012, in the U.S. District Court, District of North
Carolina, Steven Neal Greenoe (``Greenoe'') was convicted of violating
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2000))
(``AECA''). Specifically, Greenoe was convicted of knowingly and
willfully exporting and causing to be exported from the United States
to England defense articles, that is, firearms which are designated as
a defense article on the United States Munitions List, without having
first obtained from the Department of State a license for such export
or written authorization for such export. Greenoe was also convicted of
engaging in international travel to deal in firearms without a license
(18 U.S.C. 924(n)). Greenoe was sentenced to 120 months in prison
followed by three years supervised release. Greenoe is also listed on
the U.S. Department of State Debarred List.
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 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 (2012). The Regulations
issued pursuant to the Export Administration Act (50 U.S.C. app.
Sec. Sec. 2401-2420 (2000)) (``EAA''). 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 12, 2011 (76 FR 50661 (August 16, 2011)), 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 Greenoe's conviction for violating the
AECA, and have provided notice and an opportunity for Greenoe to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from Greenoe. Based upon
my review and consultations with BIS's Office of Export Enforcement,
including its Director, and the facts available to BIS,
[[Page 46686]]
I have decided to deny Greenoe's export privileges under the
Regulations for a period of 10 years from the date of Greenoe's
conviction. I have also decided to revoke all licenses issued pursuant
to the Act or Regulations in which Greenoe had an interest at the time
of her conviction.
Accordingly, it is hereby ordered
I. Until January 10, 2022, Steven Neal Greenoe, with last known
addresses at: Currently incarcerated at: Inmate 54450-056, USP
Atlanta, U.S. Penitentiary, P.O. Box 1150160, Atlanta, GA, and 8933
Windjammer Drive, Raleigh, NC 27615, and when acting for or on behalf
of Greenoe, his representatives, assigns, agents or employees (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,
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 Greenoe 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 January 10, 2022.
VI. In accordance with Part 756 of the Regulations, Greenoe 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 the Greenoe. This
Order shall be published in the Federal Register.
Issued this 27th day of July 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012-19101 Filed 8-3-12; 8:45 am]
BILLING CODE P
