Order Denying Export Privileges, 60379-60380 [2012-24322]

Download as PDF 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 Frm 00007 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: http://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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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]


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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.
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    \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