Order Denying Export Privileges, 4833-4834 [2013-01262]

Download as PDF Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices wreier-aviles on DSK5TPTVN1PROD with 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 Pendzich 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 12, 2021. VI. In accordance with Part 756 of the Regulations, Pendzich 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 Pendzich. This Order shall be published in the Federal Register. Issued this 14th day of January 2013. Bernard Kritzer, Director, Office of Exporter Services. [FR Doc. 2013–01260 Filed 1–22–13; 8:45 am] BILLING CODE P VerDate Mar<15>2010 15:22 Jan 22, 2013 Jkt 229001 DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: James Allen Larrison, 211 Hope Drive, New Ringgold, PA 17960–9207. On June 23, 2011, in the U.S. District Court, District of Delaware, James Allen Larrison (‘‘Larrison’’) was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2000 & Supp. IV 2010)) (‘‘IEEPA’’). Specifically, Larrison was convicted of knowingly and willfully attempting to export and causing the attempted export from the United States to the Islamic Republic of Iran two Hitachi JU–Z2 Junction Units (camera control box, 8-port multiple television camera control delegation switch), without obtaining the required authorization from the Office of Foreign Assets Control, Department of the Treasury. Larrison was sentenced to 24 months of probation. 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 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 Fed. Reg. 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 & Supp. IV 2010)). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 4833 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 Larrison’s conviction for violating IEEPA, and have provided notice and an opportunity for Larrison to make a written submission to BIS, as provided in Section 766.25 of the Regulations. I have not received a submission from Larrison. 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 Larrison’s export privileges under the Regulations for a period of five years from the date of Larrison’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Larrison had an interest at the time of his conviction. Accordingly, it is hereby Ordered I. Until June 23, 2016, James Allen Larrison, with a last known address at: 211 Hope Drive, New Ringgold, PA 17960–9207, and when acting for or on behalf of Larrison, 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 E:\FR\FM\23JAN1.SGM 23JAN1 wreier-aviles on DSK5TPTVN1PROD with 4834 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices 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 Larrison 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 June 23, 2016. VI. In accordance with Part 756 of the Regulations, Larrison 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 Larrison. This Order shall be published in the Federal Register. VerDate Mar<15>2010 15:22 Jan 22, 2013 Jkt 229001 Issued this 14th day of January 2013. Bernard Kritzer, Director, Office of Exporter Services. [FR Doc. 2013–01262 Filed 1–22–13; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration Environmental Technologies Trade Advisory Committee Public Meeting International Trade Administration, Commerce. ACTION: Notice of Federal Advisory Committee meeting. AGENCY: This notice sets forth the schedule and proposed agenda of a meeting of the Environmental Technologies Trade Advisory Committee (ETTAC). DATES: The meeting is scheduled for Tuesday, February 26, 2012, at 9:00 a.m. Eastern Daylight Time (EDT). ADDRESSES: The meeting will be held in Room 4830 at the U.S. Department of Commerce, Herbert Clark Hoover Building, 1401 Constitution Avenue NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Mr. Todd DeLelle, Office of Energy & Environmental Industries (OEEI), International Trade Administration, Room 4053, 1401 Constitution Avenue NW., Washington, DC 20230. (Phone: 202–482–4877; Fax: 202–482–5665; email: todd.delelle@trade.gov). This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to OEEI at (202) 482–5225 no less than one week prior to the meeting. SUPPLEMENTARY INFORMATION: The meeting will take place from 9:00 a.m. to 3:30 p.m. EDT. This meeting is open to the public and time will be permitted for public comment from 3:00–3:30 p.m. EDT. Written comments concerning ETTAC affairs are welcome any time before or after the meeting. Minutes will be available within 30 days of this meeting. Topics to be considered: As the first meeting of the newly reappointed Committee, the agenda will include an overview of the roles and responsibilities of members and discussion of Committee structure. The Committee will also review the work of the previous ETTAC and begin to outline important issues and policies that affect environmental trade. The status of the U.S. Environmental Export Initiative will also be discussed. SUMMARY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Background: The ETTAC is mandated by Public Law 103–392. It was created to advise the U.S. government on environmental trade policies and programs, and to help it to focus its resources on increasing the exports of the U.S. environmental industry. ETTAC operates as an advisory committee to the Secretary of Commerce and the Trade Promotion Coordinating Committee (TPCC). ETTAC was originally chartered in May of 1994. It was most recently re-chartered until September 2014. Man Cho, Energy Team Leader, Office of Energy & Environmental Industries. [FR Doc. 2013–01257 Filed 1–22–13; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC444 Endangered and Threatened Species; Take of Anadromous Fish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability and request for comment. AGENCY: Notice is hereby given that NMFS has received a Tribal Resource Management Plan (TRMP) from the Nez Perce Tribe (NPT), and an updated Fishery Management and Evaluation Plan (FMEP) for fishery management in the Snake River Basin in Northeast Oregon. The TRMP is provided pursuant to the Tribal 4(d) Rule; the FMEP is provided pursuant to the salmon and steelhead 4(d) Rule. This document serves to notify the public of the availability for comment of the proposed evaluation of the Secretary of Commerce (Secretary) as to how the NPT TRMP addresses the criteria in the ESA, and of the FMEP. NMFS also announces the availability of a supplemental draft Environmental Assessment (EA) for the pending determination. DATES: Comments and other submissions must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Pacific time on February 22, 2013. ADDRESSES: Written responses to the application should be sent to Enrique ˜ Patino, National Marine Fisheries Services, Salmon Management Division, 7600 Sand Point Way NE., Seattle, WA SUMMARY: E:\FR\FM\23JAN1.SGM 23JAN1

Agencies

[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Notices]
[Pages 4833-4834]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01262]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of:

James Allen Larrison, 211 Hope Drive, New Ringgold, PA 17960-9207.

    On June 23, 2011, in the U.S. District Court, District of Delaware, 
James Allen Larrison (``Larrison'') was convicted of violating the 
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. 
(2000 & Supp. IV 2010)) (``IEEPA''). Specifically, Larrison was 
convicted of knowingly and willfully attempting to export and causing 
the attempted export from the United States to the Islamic Republic of 
Iran two Hitachi JU-Z2 Junction Units (camera control box, 8-port 
multiple television camera control delegation switch), without 
obtaining the required authorization from the Office of Foreign Assets 
Control, Department of the Treasury. Larrison was sentenced to 24 
months of probation.
    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 Fed. Reg. 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 & Supp. IV 2010)).
---------------------------------------------------------------------------

    I have received notice of Larrison's conviction for violating 
IEEPA, and have provided notice and an opportunity for Larrison to make 
a written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Larrison. 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 Larrison's export privileges under the Regulations for a period 
of five years from the date of Larrison's conviction. I have also 
decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Larrison had an interest at the time of his 
conviction.
    Accordingly, it is hereby
    Ordered
    I. Until June 23, 2016, James Allen Larrison, with a last known 
address at: 211 Hope Drive, New Ringgold, PA 17960-9207, and when 
acting for or on behalf of Larrison, 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

[[Page 4834]]

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 Larrison 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 June 23, 2016.
    VI. In accordance with Part 756 of the Regulations, Larrison 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 Larrison. This 
Order shall be published in the Federal Register.

     Issued this 14th day of January 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-01262 Filed 1-22-13; 8:45 am]
BILLING CODE P