Richard Phillips, Currently Incarcerated at: Inmate No. 81783-079, FCI Ray Brook Federal Correctional Institution, P.O. Box 300, Ray Brook, NY 12977 and with An Address At: 6045 Spencer Avenue, Bronx, NY 11471, 19193-19194 [2013-07279]
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Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Notices
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 Nexiant’s
conviction for violating the IEEPA, and
have provided notice and an
opportunity for Nexiant to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations. I
have not received a submission from
Nexiant. 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 Nexiant’s export
privileges under the Regulations for a
period of 10 years from the date of
Nexiant’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Nexiant had an interest at the
time of its conviction.
Accordingly, it is hereby ordered
I. Until October 18, 2022, Nexiant,
LLC (‘‘Nexiant’’), with a last known
address at: 2531 West Maryland
Avenue, Tampa, FL 33629, and when
acting for or on behalf of Nexiant, its
successors or 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:
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17:34 Mar 28, 2013
Jkt 229001
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 Nexiant 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
18, 2022.
VI. In accordance with Part 756 of the
Regulations, Nexiant 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
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Sfmt 4703
19193
comply with the provisions of Part 756
of the Regulations.
VII. A copy of this Order shall be
delivered to Nexiant. This Order shall
be published in the Federal Register.
Issued this 22nd day of March, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013–07277 Filed 3–28–13; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Richard Phillips, Currently
Incarcerated at: Inmate No. 81783–079,
FCI Ray Brook Federal Correctional
Institution, P.O. Box 300, Ray Brook,
NY 12977 and with An Address At:
6045 Spencer Avenue, Bronx, NY
11471
Order Denying Export Privileges
On June 21, 2012, in the U.S. District
Court, Eastern District of New York,
Richard Phillips (‘‘Phillips’’) was
convicted of violating the International
Emergency Economic Powers Act (50
U.S.C. 1701, et seq. (2006 & Supp. IV
2010)) (‘‘IEEPA’’). Specifically, Phillips
was convicted of knowingly,
intentionally and willfully attempting to
export, reexport, sell and supply,
directly and indirectly, a spindle of
Carbon Fiber (Toray T800SC–12K–50C)
from the United States to Iran without
obtaining the required export license
from the Department of the Treasury.
Phillips was sentenced to 92 months in
prison followed by three years of
supervised release, and fined $100.00.
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
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 (August
16, 2012)), has continued the Regulations in effect
under the IEEPA.
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19194
Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Notices
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 his
conviction.
I have received notice of Phillips’s
conviction for violating the IEEPA, and
have provided notice and an
opportunity for Phillips to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations. I
have not received a submission from
Phillips. 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 Phillips’s export
privileges under the Regulations for a
period of 10 years from the date of
Phillips’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Phillips had an interest at the
time of his conviction.
Accordingly, it is hereby
Ordered
I. Until June 21, 2022, Richard
Phillips (‘‘Phillips’’), with last known
addresses at: Currently incarcerated at:
Inmate No. 81783–079, FCI Ray Brook,
Federal Correctional Institution, P.O.
Box 300, Ray Brook, NY 12977, and
with an address at:
6045 Spencer Avenue, Bronx, NY
11471, and when acting for or on behalf
of Phillips, 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
VerDate Mar<15>2010
17:34 Mar 28, 2013
Jkt 229001
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 Phillips 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-
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Fmt 4703
Sfmt 4703
produced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until June 21,
2022.
VI. In accordance with Part 756 of the
Regulations, Phillips 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 Phillips. This Order shall
be published in the Federal Register.
Issued this 22nd day of March, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013–07279 Filed 3–28–13; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
P&P Computers, 2531 West Maryland
Avenue, Tampa, FL 33629; Order
Denying Export Privileges
On October 18, 2012, in the U.S.
District Court, Middle District of
Florida, Tampa Division, P&P
Computers (‘‘P&P’’) was convicted of
violating the International Emergency
Economic Powers Act (50 U.S.C. 1701,
et seq. (2006 & Supp. IV 2010))
(‘‘IEEPA’’). Specifically, P&P was
convicted of one count of violating
IEEPA by knowingly and willfully
conspiring with other individuals to
violate IEEPA and the Iranian
Transactions Regulations by exporting
computer and related equipment from
the United States through the U.A.E. to
Iran without first having obtained the
required license from the Office of
Foreign Assets Control. P&P was
sentenced to 12 months of unsupervised
probation and a fine of $400.00.
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
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 (August
16, 2012)), has continued the Regulations in effect
under the IEEPA.
E:\FR\FM\29MRN1.SGM
29MRN1
]]>Agencies
[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Pages 19193-19194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07279]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Richard Phillips, Currently Incarcerated at: Inmate No. 81783-
079, FCI Ray Brook Federal Correctional Institution, P.O. Box 300, Ray
Brook, NY 12977 and with An Address At: 6045 Spencer Avenue, Bronx, NY
11471
Order Denying Export Privileges
On June 21, 2012, in the U.S. District Court, Eastern District of
New York, Richard Phillips (``Phillips'') was convicted of violating
the International Emergency Economic Powers Act (50 U.S.C. 1701, et
seq. (2006 & Supp. IV 2010)) (``IEEPA''). Specifically, Phillips was
convicted of knowingly, intentionally and willfully attempting to
export, reexport, sell and supply, directly and indirectly, a spindle
of Carbon Fiber (Toray T800SC-12K-50C) from the United States to Iran
without obtaining the required export license from the Department of
the Treasury. Phillips was sentenced to 92 months in prison followed by
three years of supervised release, and fined $100.00.
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
[[Page 19194]]
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 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 (August 16, 2012)), has continued the
Regulations in effect under the IEEPA.
---------------------------------------------------------------------------
I have received notice of Phillips's conviction for violating the
IEEPA, and have provided notice and an opportunity for Phillips to make
a written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from Phillips. 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 Phillips's export privileges under the Regulations for a period
of 10 years from the date of Phillips's conviction. I have also decided
to revoke all licenses issued pursuant to the Act or Regulations in
which Phillips had an interest at the time of his conviction.
Accordingly, it is hereby
Ordered
I. Until June 21, 2022, Richard Phillips (``Phillips''), with last
known addresses at: Currently incarcerated at: Inmate No. 81783-079,
FCI Ray Brook, Federal Correctional Institution, P.O. Box 300, Ray
Brook, NY 12977, and with an address at:
6045 Spencer Avenue, Bronx, NY 11471, and when acting for or on
behalf of Phillips, 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 Phillips 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 21, 2022.
VI. In accordance with Part 756 of the Regulations, Phillips 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 Phillips. This
Order shall be published in the Federal Register.
Issued this 22nd day of March, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-07279 Filed 3-28-13; 8:45 am]
BILLING CODE 3510-DT-P
