In the Matter of: Boniface U. Ibe, 11202 Trevor Court, Mitchellville, MD 20721, 84-85 [2012-31471]

Download as PDF 84 Federal Register / Vol. 78, No. 1 / Wednesday, January 2, 2013 / Notices Public Meeting At the January 24, 2013, public meeting, draft U.S. positions on the agenda items will be described and discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to Mary Stanley, U.S. Delegate for the 20th Session of the CCFICS (see ADDRESSES). Written comments should state that they relate to activities of the 20th Session of the CCFICS. Additional Public Notification tkelley on DSK3SPTVN1PROD with USDA Nondiscrimination Statement USDA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, or audiotape) should contact USDA’s Target Center at 202–720–2600 (voice and TTY). To file a written complaint of discrimination, write USDA, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW., 16:42 Dec 31, 2012 Jkt 229001 Done at Washington, DC on: December 21, 2012. MaryFrances Lowe, U.S. Manager for Codex Alimentarius. [FR Doc. 2012–31554 Filed 12–31–12; 8:45 am] BILLING CODE 3410–DM–P DEPARTMENT OF COMMERCE Bureau of Industry and Security FSIS will announce this notice online through the FSIS Web page located at http://www.fsis.usda.gov/ regulations_&_policies/ Federal_Register_Notices/index.asp. FSIS will also make copies of this Federal Register publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to constituents and stakeholders. The Update is communicated via Listserv, a free electronic mail subscription service for industry, trade groups, consumer interest groups, health professionals, and other individuals who have asked to be included. The Update is also available on the FSIS Web page. In addition, FSIS offers an electronic mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at http://www.fsis.usda.gov/ News_&_Events/Email_Subscription/. Options range from recalls to export information to regulations, directives, and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts. VerDate Mar<15>2010 Washington, DC 20250–9410 or call 202–720–5964 (voice and TTY). USDA is an equal opportunity provider and employer. In the Matter of: Boniface U. Ibe, 11202 Trevor Court, Mitchellville, MD 20721 Order Denying Export Privileges On July 11, 2011, in the U.S. District Court, District of Maryland, Boniface U. Ibe (‘‘Ibe’’) 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, Ibe 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. Ibe 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. Ibe was sentenced to five months in prison followed by 10 months of supervised release. Ibe 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 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 00002 Fmt 4703 Sfmt 4703 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 Ibe’s conviction for violating AECA and IEEPA, and have provided notice and an opportunity for Ibe to make a written submission to BIS, as provided in Section 766.25 of the Regulations. I have not received a submission from Ibe. 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 Ibe’s export privileges under the Regulations for a period of 10 years from the date of Ibe’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Ibe had an interest at the time of his conviction. Accordingly, it is hereby Ordered I. Until July 11, 2021, Boniface U. Ibe, with a last known address at: 11202 Trevor Court, Mitchellville, MD 20721, and when acting for or on behalf of Ibe, 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 E:\FR\FM\02JAN1.SGM 02JAN1 tkelley on DSK3SPTVN1PROD with 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

Agencies

[Federal Register Volume 78, Number 1 (Wednesday, January 2, 2013)]
[Notices]
[Pages 84-85]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31471]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Boniface U. Ibe, 11202 Trevor Court, 
Mitchellville, MD 20721

Order Denying Export Privileges

    On July 11, 2011, in the U.S. District Court, District of Maryland, 
Boniface U. Ibe (``Ibe'') 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, Ibe 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. 
Ibe 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. Ibe 
was sentenced to five months in prison followed by 10 months of 
supervised release. Ibe 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 Ibe's conviction for violating AECA and 
IEEPA, and have provided notice and an opportunity for Ibe to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Ibe. 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 Ibe's export privileges under the Regulations for a period of 
10 years from the date of Ibe's conviction. I have also decided to 
revoke all licenses issued pursuant to the Act or Regulations in which 
Ibe had an interest at the time of his conviction.
    Accordingly, it is hereby
    Ordered
    I. Until July 11, 2021, Boniface U. Ibe, with a last known address 
at: 11202 Trevor Court, Mitchellville, MD 20721, and when acting for or 
on behalf of Ibe, 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

[[Page 85]]

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 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 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