Order Denying Export Privileges, 60379-60380 [2012-24322]
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Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Notices
firm, corporation, or business
organization related to Fermanova 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 October
24, 2016.
VI. In accordance with Part 756 of the
Regulations, Fermanova 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 Fermanova. This Order
shall be published in the Federal
Register.
Issued this 27th day of September, 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012–24328 Filed 10–2–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
erowe on DSK2VPTVN1PROD with
In the Matter of: Phillip Andro Jamison
currently incarcerated at: Register Number
22433–298, USP LOMPOC, U.S. Penitentiary,
3901 Klein Blvd., Lompoc, CA 81226; and
with an address at: 9912 Mark Twain
Avenue, Bakersfield, CA 93312.
On November 4, 2011, in the U.S.
District Court, Southern District of
California, Phillip Andro Jamison
(‘‘Jamison’’) was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2000)) (‘‘AECA’’).
Specifically, Jamison was convicted of
knowingly and willfully exporting from
the United States to England a defense
article, that is, one L3 EOTech 553.A65
Holographic Weapon Sight, which is
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. Jamison was sentenced to 30
months in prison followed by three
years of supervised release. Jamison was
VerDate Mar<15>2010
15:03 Oct 02, 2012
Jkt 229001
also ordered to pay $172,221 in
restitution. Jamison 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 Jamison’s
conviction for violating AECA, and have
provided notice and an opportunity for
Jamison to make a written submission to
BIS, as provided in Section 766.25 of
the Regulations. I have not received a
submission from Jamison. 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 Jamison’s
export privileges under the Regulations
for a period of 10 years from the date of
Jamison’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Jamison had an interest at the
time of his conviction.
Accordingly, it is hereby
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 15, 2012 (77 FR 49699 (Aug.
16, 2012)), has continued the Regulations in effect
under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2000)).
PO 00000
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Fmt 4703
Sfmt 4703
60379
Ordered
I. Until November 4, 2021, Phillip
Andro Jamison, with last known
addresses at: currently incarcerated at:
Register Number 22433–298, USP
LOMPOC, U.S. Penitentiary, 3901 Klein
Blvd., Lompoc, CA 81226, and with an
address at: 9912 Mark Twain Avenue,
Bakersfield, CA 93312, and when acting
for or on behalf of Jamison, 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:\FR\FM\03OCN1.SGM
03OCN1
60380
Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Notices
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 Jamison 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
November 4, 2021.
VI. In accordance with Part 756 of the
Regulations, Jamison 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 Jamison. This Order
shall be published in the Federal
Register.
Issued this 27th day of September, 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012–24322 Filed 10–2–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
Renewable Energy Policy Business
Roundtable in Japan
International Trade
Administration, Department of
Commerce.
ACTION: Notice.
erowe on DSK2VPTVN1PROD with
AGENCY:
The U.S. Department of
Commerce’s International Trade
SUMMARY:
VerDate Mar<15>2010
15:03 Oct 02, 2012
Jkt 229001
Administration will lead a delegation of
U.S. companies to participate in a
Renewable Energy Policy Business
Roundtable, which will be held on
December 3, 2012 in Tokyo in
conjunction with the U.S.-Japan Energy
Policy Dialogue. The U.S. Department of
Energy—the lead U.S. agency for the
bilateral discussions—will co-chair the
roundtable.
Following the roundtable, the
delegation will travel to the northeast
region for site visits. Participating
companies will learn firsthand the
current condition of reconstruction
following the March 2011 earthquake
and tsunami, and the role of renewable
energy in those efforts, including local
government incentives. Upon returning
to Tokyo, optional business counseling
will be provided by the U.S. Department
of Commerce’s Commercial Service.
Information on how to register
(including applicable fees) for the
roundtable, site visits, and business
counseling will be posted online at:
https://www.export.gov/reee.
DATES: The roundtable and other related
events will be held in Japan the week of
December 3–7, 2012. Participants must
register online no later than October 31,
2012. Applications will be taken on a
first-come, first-served basis due to
space limitations.
FOR FURTHER INFORMATION CONTACT: Cora
Dickson, Manufacturing and Services,
Office of Energy and Environmental
Industries, Phone: 202–482–6083,
Email: Cora.Dickson@trade.gov. Gregory
Briscoe, U.S. Commercial Service
Tokyo, Phone: +81–3–3224–5088,
Email: Gregory.Briscoe@trade.gov.
SUPPLEMENTARY INFORMATION: A
Japanese Cabinet advisory panel
recently recommended that Japan phase
out nuclear power by the 2030s,
increase its reliance on renewable
energy, and take steps to improve
energy efficiency. In 2011,
approximately 10 percent of Japan’s
electricity was derived from renewable
energy. This percentage is expected to
increase as various incentives, such as
a new feed-in tariff system (for solar,
wind, geothermal, small micro/small/
medium hydro, and biomass/biogas), are
introduced to promote investor
confidence in renewable energy
projects. A long-term reform process in
the electricity sector is also taking shape
that may allow for more diversity in
energy sources as well as hasten the
deployment of smart grid technology.
All of these factors point towards
potential business opportunities for
American companies. U.S. clean energy
companies that want to sell products
and services in Japan can benefit from
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a deeper understanding of the changing
Japanese policy and regulatory
landscape, from the viewpoint of both
Japan’s policymakers and
representatives from the private sector,
who will also join the roundtable. A
frank and open discussion about
renewable energy will enhance the
bilateral Energy Policy Dialogue by
identifying key policy issues and
sharing best practices.
Dated: September 27, 2012.
Catherine Vial,
Team Lead, Environmental Industries, Office
of Energy and Environmental Industries.
[FR Doc. 2012–24297 Filed 10–2–12; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC264
Caribbean Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The Caribbean Fishery
Management Council’s Scientific and
Statistical Committee (SSC) will hold
meetings.
SUMMARY:
The SSC meetings will be held
on October 30th, 31st and November
1st, 2012.
ADDRESSES: The meetings will be held at
the Verdanza Hotel, 8020 Tartak St.,
IslaVerde, Puerto Rico.
FOR FURTHER INFORMATION CONTACT:
Caribbean Fishery Management Council,
˜
268 Munoz Rivera Avenue, Suite 1108,
San Juan, Puerto Rico 00918–1920,
telephone: (787) 766–5926.
SUPPLEMENTARY INFORMATION: The SSC
will meet to discuss the items contained
in the following agenda:
DATES:
October 30, 2012
—Call to order
—Adoption of Agenda
—Presentations on:
a. SEFSC—Summary of Data for
Species Units ACLs
Commercial Puerto Rico Data
Commercial St. Thomas Data
Commercial St. Croix Data
Recreational Puerto Rico Data
SEFSC—Summary TIP Data
b. SERO—Species Units Projected to
Exceed ACLs by the end of
Calendar Year 2012
c. USVI—Changes in Commercial
E:\FR\FM\03OCN1.SGM
03OCN1
]]>Agencies
[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Notices]
[Pages 60379-60380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24322]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Phillip Andro Jamison currently incarcerated
at: Register Number 22433-298, USP LOMPOC, U.S. Penitentiary, 3901
Klein Blvd., Lompoc, CA 81226; and with an address at: 9912 Mark
Twain Avenue, Bakersfield, CA 93312.
On November 4, 2011, in the U.S. District Court, Southern District
of California, Phillip Andro Jamison (``Jamison'') was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2000)) (``AECA''). Specifically, Jamison was convicted of knowingly
and willfully exporting from the United States to England a defense
article, that is, one L3 EOTech 553.A65 Holographic Weapon Sight, which
is 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. Jamison was
sentenced to 30 months in prison followed by three years of supervised
release. Jamison was also ordered to pay $172,221 in restitution.
Jamison 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.
---------------------------------------------------------------------------
\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 15, 2012 (77 FR 49699 (Aug. 16, 2012)), 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 Jamison's conviction for violating AECA,
and have provided notice and an opportunity for Jamison to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from Jamison. 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 Jamison's export privileges under the Regulations for a period
of 10 years from the date of Jamison's conviction. I have also decided
to revoke all licenses issued pursuant to the Act or Regulations in
which Jamison had an interest at the time of his conviction.
Accordingly, it is hereby
Ordered
I. Until November 4, 2021, Phillip Andro Jamison, with last known
addresses at: currently incarcerated at: Register Number 22433-298, USP
LOMPOC, U.S. Penitentiary, 3901 Klein Blvd., Lompoc, CA 81226, and with
an address at: 9912 Mark Twain Avenue, Bakersfield, CA 93312, and when
acting for or on behalf of Jamison, 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
[[Page 60380]]
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 Jamison 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 November 4, 2021.
VI. In accordance with Part 756 of the Regulations, Jamison 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 Jamison. This
Order shall be published in the Federal Register.
Issued this 27th day of September, 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012-24322 Filed 10-2-12; 8:45 am]
BILLING CODE P
