In the Matter of: Emenike Charles Nwankwoala Currently Incarcerated at: Inmate Number 50756-037 FCI Elkton, Federal Correction Institution, P.O. Box 10, Lisbon, OH 44432 and With an Address at: Emenike Nwankwoala, 15028 Courtland Place, Laurel, MD 20707, 85-86 [2012-31444]
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Federal Register / Vol. 78, No. 1 / Wednesday, January 2, 2013 / Notices
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 Ibe 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
VerDate Mar<15>2010
16:42 Dec 31, 2012
Jkt 229001
the Regulations are the foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until July 11,
2021.
VI. In accordance with Part 756 of the
Regulations, Ibe 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 Ibe. This Order shall be
published in the Federal Register.
Dated: Issued this 21st day of December
2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012–31471 Filed 12–31–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Emenike Charles
Nwankwoala Currently Incarcerated at:
Inmate Number 50756–037 FCI Elkton,
Federal Correction Institution, P.O.
Box 10, Lisbon, OH 44432 and With an
Address at: Emenike Nwankwoala,
15028 Courtland Place, Laurel, MD
20707
Order Denying Export Privileges
On January 3, 2011, in the U.S.
District Court, District of Maryland,
Emenike Charles Nwankwoala
(‘‘Nwankwoala’’) was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2000))
(‘‘AECA’’) and the International
Emergency Economic Powers Act (50
U.S.C. 1701 et seq. (2000)) (‘‘IEEPA’’).
Specifically, Nwankwoala was
convicted of knowingly and willfully
exporting, causing to be exported, and
attempting to export from the United
States to Nigeria, defense articles
included on the United States
Munitions List, namely, firearms and
ammunition, without having first
obtained from the Department of State a
license for such export or written
authorization for such export, in
violation of AECA. Nwankwoala was
also convicted of knowingly and
willfully exporting, causing to exported,
and attempting to export from the
United States to Nigeria shotguns
without having first obtained a
validated export license from the United
States Department of Commerce, in
violation of IEEPA. Nwankwoala was
sentenced to 37 months in prison
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
85
followed by 24 months of supervised
release. Nwankwoala 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
Nwankwoala’s conviction for violating
AECA and IEEPA, and have provided
notice and an opportunity for
Nwankwoala to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. I have
received a submission from
Nwankwoala. 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 Nwankwoala’s
export privileges under the Regulations
for a period of 10 years from the date of
Nwankwoala’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Nwankwoala had an interest 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)).
E:\FR\FM\02JAN1.SGM
02JAN1
tkelley on DSK3SPTVN1PROD with
86
Federal Register / Vol. 78, No. 1 / Wednesday, January 2, 2013 / Notices
Accordingly, it is hereby
Ordered
I. Until January 3, 2021, Emenike
Charles Nwankwoala, with last known
addresses at: currently incarcerated at:
Inmate Number 50756–037, FCI Elkton,
Federal Correctional Institution, P.O.
Box 10, Lisbon, OH 44432, and with an
address at: 15028 Courtland Place,
Laurel, MD 20707, and when acting for
or on behalf of Nwankwoala, 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
VerDate Mar<15>2010
16:42 Dec 31, 2012
Jkt 229001
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 Nwankwoala 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
3, 2021.
VI. In accordance with Part 756 of the
Regulations, Nwankwoala 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 Nwankwoala. This
Order shall be published in the Federal
Register.
Dated: Issued this 21st day of December,
2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012–31444 Filed 12–31–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of:
Henson Chua, 2945 Somerset Place,
San Marino, CA 91108, and with an
address at:
Henson Chua, 27 Cambridge Street,
Hillsborough Village, Muntin Lupa City,
Philippines, 1780,
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Respondent; Celltron Marketing
Company, a.k.a. Celltron Mktg. Co., 47A
G. Araneta Ave, Quezon City, MM
Philippines, 1105,
Related Person; Order Denying Export
Privileges
A. Denial of Export Privileges of
Henson Chua
On November 8, 2011, in the U.S.
District Court, Middle District of Florida
Tampa Division, Henson Chua (‘‘Chua’’)
was convicted of violating Section 38 of
the Arms Export Control Act (22 U.S.C.
2778 (2000)) (‘‘AECA’’). Specifically,
Chua was convicted of knowingly and
willfully causing the temporary import
into the United States, an unmanned
aerial vehicle, which was designated as
a defense article on the United States
Munitions List, without having first
obtained from the U.S. Department of
State a license or written authorization
for such temporary import.
Chua was sentenced to time served
followed by three years of supervised
release. Chua was ordered to pay a fine
of $13,000 and a special assessment of
$100.00. Chua 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 EAA, the
EAR, of 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
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
EAA (50 U.S.C. app. §§ 2401–2420 (2000)). Since
August 21, 2001, the Export Administration Act
(‘‘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, 2012 (77 FR
49699, August 16, 2012), has continued the
Regulations in effect under International Emergency
Economics Powers Act (50 U.S.C. 1701, et seq.
(2000)).
E:\FR\FM\02JAN1.SGM
02JAN1
]]>Agencies
[Federal Register Volume 78, Number 1 (Wednesday, January 2, 2013)]
[Notices]
[Pages 85-86]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31444]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Emenike Charles Nwankwoala Currently
Incarcerated at: Inmate Number 50756-037 FCI Elkton, Federal Correction
Institution, P.O. Box 10, Lisbon, OH 44432 and With an Address at:
Emenike Nwankwoala, 15028 Courtland Place, Laurel, MD 20707
Order Denying Export Privileges
On January 3, 2011, in the U.S. District Court, District of
Maryland, Emenike Charles Nwankwoala (``Nwankwoala'') was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2000)) (``AECA'') and the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq. (2000)) (``IEEPA''). Specifically, Nwankwoala
was convicted of knowingly and willfully exporting, causing to be
exported, and attempting to export from the United States to Nigeria,
defense articles included on the United States Munitions List, namely,
firearms and ammunition, without having first obtained from the
Department of State a license for such export or written authorization
for such export, in violation of AECA. Nwankwoala was also convicted of
knowingly and willfully exporting, causing to exported, and attempting
to export from the United States to Nigeria shotguns without having
first obtained a validated export license from the United States
Department of Commerce, in violation of IEEPA. Nwankwoala was sentenced
to 37 months in prison followed by 24 months of supervised release.
Nwankwoala 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 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 Nwankwoala's conviction for violating
AECA and IEEPA, and have provided notice and an opportunity for
Nwankwoala to make a written submission to BIS, as provided in Section
766.25 of the Regulations. I have received a submission from
Nwankwoala. 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 Nwankwoala's export privileges under the
Regulations for a period of 10 years from the date of Nwankwoala's
conviction. I have also decided to revoke all licenses issued pursuant
to the Act or Regulations in which Nwankwoala had an interest at the
time of his conviction.
[[Page 86]]
Accordingly, it is hereby
Ordered
I. Until January 3, 2021, Emenike Charles Nwankwoala, with last
known addresses at: currently incarcerated at: Inmate Number 50756-037,
FCI Elkton, Federal Correctional Institution, P.O. Box 10, Lisbon, OH
44432, and with an address at: 15028 Courtland Place, Laurel, MD 20707,
and when acting for or on behalf of Nwankwoala, 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 Nwankwoala 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 3, 2021.
VI. In accordance with Part 756 of the Regulations, Nwankwoala 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 Nwankwoala.
This Order shall be published in the Federal Register.
Dated: Issued this 21st day of December, 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012-31444 Filed 12-31-12; 8:45 am]
BILLING CODE P
