Order Denying Export Privileges, 60378-60379 [2012-24328]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security

[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Notices]
[Pages 60378-60379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24328]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Anna Fermanova, 4708 Nocona Drive, Plano, TX 
75024.

    On October 24, 2011, in the U.S. District Court, Eastern District 
of New York, Anna Fermanova (``Fermanova'') was convicted of violating 
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2000)) 
(``AECA''). Specifically, Fermanova was convicted of knowingly and 
willfully attempting to export from the United States to Russia night 
sighting equipment specifically designed, modified and configured for 
military use, specifically one Raptor Night Vision Weapon Sight, Model 
M644-4X and two Advanced Rifle Sights, Model D-740-3A, defense articles 
that were listed on the United States Munitions List, without first 
obtaining the required license or written approval from the State 
Department. Fermanova was sentenced to four months in prison, four 
months of home arrest followed by three years supervised release. 
Fermanova was also ordered to pay a $1,000 fine and a $100 assessment. 
Fermanova was released from prison on May 4, 2012. Fermanova 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 at the time of 
her 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 Fermanova's conviction for violating 
AECA, and have provided notice and an opportunity for Fermanova to make 
a written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Fermanova. 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 Fermanova's export privileges under the 
Regulations for a period of five years from the date of Fermanova's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Fermanova had an interest at the 
time of her conviction.
    Accordingly, it is hereby
    Ordered
    I. Until October 24, 2016, Anna Fermanova, with a last known 
address at: 4708 Nocona Drive, Plano, TX 75024, and when acting for or 
on behalf of Fermanova, her 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,

[[Page 60379]]

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 foreign-produced 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