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]

Download as PDF 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 VerDate Mar<15>2010 17:11 Aug 03, 2012 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 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\06AUN1.SGM 06AUN1 mstockstill on DSK4VPTVN1PROD with NOTICES 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’’). Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\06AUN1.SGM 06AUN1

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]


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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