In the Matter of: Andro Telemi, a/k/a Andre Telimi, a/k/a Andre Telemi; 8868 Bluffdale Drive, La Tuna Canyon, CA 91352; Order Denying Export Privileges, 21344-21345 [2013-08274]
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Federal Register / Vol. 78, No. 69 / Wednesday, April 10, 2013 / Notices
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1894]
Grant of Authority for Subzone Status,
Hemlock Semiconductor Corporation,
(Polysilicon), Hemlock, Michigan
TKELLEY on DSK3SPTVN1PROD with NOTICES
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the Foreign-Trade Zones Act
provides for ‘‘* * * the establishment
* * * of foreign-trade zones in ports of
entry of the United States, to expedite
and encourage foreign commerce, and
for other purposes,’’ and authorizes the
Foreign-Trade Zones Board to grant to
qualified corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board’s regulations (15
CFR part 400) provide for the
establishment of special-purpose
subzones when existing zone facilities
cannot serve the specific use involved,
and when the activity results in a
significant public benefit and is in the
public interest;
Whereas, the City of Flint, grantee of
Foreign-Trade Zone 140, has made
application to the Board for authority to
establish a special-purpose subzone
with certain manufacturing authority at
the polysilicon manufacturing facility of
Hemlock Semiconductor Corporation,
located in Hemlock, Michigan (FTZ
Docket 61–2011, filed 10–5–2011);
Whereas, notice inviting public
comment has been given in the Federal
Register (76 FR 63282, 10–12–2011; 76
FR 76934, 12–9–2011; 76 FR 81475, 12–
28–2011; 77 FR 21082, 4–9–2012; 77 FR
30500, 5–23–2012) and the application
has been processed pursuant to the FTZ
Act and the Board’s regulations; and
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations would be satisfied,
and that the proposal would be in the
public interest if subject to the
restriction and condition below;
Now, therefore, the Board hereby
grants authority for subzone status for
activity related to the manufacturing of
polysilicon at the facility of Hemlock
Semiconductor Corporation, located in
Hemlock, Michigan (Subzone 140C), as
described in the application and
Federal Register notice, subject to the
FTZ Act and the Board’s regulations,
including Section 400.13, and further
subject to a restriction prohibiting
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17:59 Apr 09, 2013
Jkt 229001
admission of foreign status silicon metal
subject to an antidumping or
countervailing duty order and to a
condition that the company shall submit
supplemental reporting data, as
specified by the Executive Secretary, for
the purpose of monitoring by the FTZ
staff.
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,
Signed at Washington, DC, this 2nd day of
license, or order issued under the
April 2013.
International Emergency Economic
Paul Piquado,
Powers Act (50 U.S.C. 1701–1706); 18
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman, Foreign- U.S.C. 793, 794 or 798; section 4(b) of
the Internal Security Act of 1950 (50
Trade Zones Board.
Attest: lllllllllllllll U.S.C. 783(b)), or section 38 of the Arms
Export Control Act (22 U.S.C. 2778).’’ 15
Andrew McGilvray,
CFR 766.25(a); see also Section 11(h) of
Executive Secretary.
the EAA, 50 U.S.C. app. 2410(h). The
denial of export privileges under this
[FR Doc. 2013–08230 Filed 4–9–13; 8:45 am]
provision may be for a period of up to
BILLING CODE 3510–DS–P
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
DEPARTMENT OF COMMERCE
of the Regulations states that the Bureau
Bureau of Industry and Security
of Industry and Security’s Office of
Exporter Services may revoke any
In the Matter of: Andro Telemi, a/k/a
Bureau of Industry and Security (‘‘BIS’’)
Andre Telimi, a/k/a Andre Telemi; 8868 licenses previously issued in which the
Bluffdale Drive, La Tuna Canyon, CA
person had an interest in at the time of
91352; Order Denying Export
his conviction.
Privileges
I have received notice of Telemi’s
conviction for violating the AECA, and
On November 30, 2012, in the U.S.
have provided notice and an
District Court, Northern District of
opportunity for Telemi to make a
Illinois, Andro Telemi, a/k/a Andre
written submission to BIS, as provided
Telimi, a/k/a Telemi (‘‘Telemi’’) was
in Section 766.25 of the Regulations. I
convicted of violating Section 38 of the
have not received a submission from
Arms Export Control Act (22 U.S.C.
2778 (2006 & Supp. IV 2010)) (‘‘AECA’’). Telemi. Based upon my review and
consultations with BIS’s Office of
Specifically, Telemi was convicted of
Export Enforcement, including its
knowingly and willfully attempting to
Director, and the facts available to BIS,
export from the United States to Iran,
I have decided to deny Telemi’s export
defense articles designated on the
privileges under the Regulations for a
United States Munitions List, namely,
period of 10 years from the date of
10 connector adapters, without first
Telemi’s conviction. I have also decided
having obtained the required license or
to revoke all licenses issued pursuant to
other approval for such export. Telemi
the Act or Regulations in which Telemi
was sentenced to five years of probation
had an interest at the time of his
with the first six months served under
conviction.
home confinement, 500 hours of
Accordingly, it is hereby ordered:
community service, a fine of $10,000
I. Until November 30, 2022, Andro
and a $100 assessment. Telemi is also
Telemi, a/k/a Andre Telimi, a/k/a Andre
listed on the U.S. Department of State
Telemi (‘‘Telemi’’) with a last known
Debarred List.
address at: 8868 Bluffdale Drive, La
Section 766.25 of the Export
Tuna Canyon, CA 91352, and when
Administration Regulations (‘‘EAR’’ or
acting for or on behalf of Telemi, his
‘‘Regulations’’) 1 provides, in pertinent
representatives, assigns, agents or
employees (the ‘‘Denied Person’’), may
1 The Regulations are currently codified in the
not, directly or indirectly, participate in
Code of Federal Regulations at 15 CFR parts 730–
any way in any transaction involving
774 (2012). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. app. §§ 2401–
any commodity, software or technology
2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the
(hereinafter collectively referred to as
EAA has been in lapse and the President, through
‘‘item’’) exported or to be exported from
Executive Order 13222 of August 17, 2001 (3 CFR,
the United States that is subject to the
2001 Comp. 783 (2002)), which has been extended
by successive Presidential Notices, the most recent
Regulations, including, but not limited
being that of August 15, 2012 (77 FR 49699 (August
to:
16, 2012)), has continued the Regulations in effect
A. Applying for, obtaining, or using
under the International Emergency Economic
any license, License Exception, or
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
IV 2010)).
export control document;
PO 00000
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Fmt 4703
Sfmt 4703
E:\FR\FM\10APN1.SGM
10APN1
TKELLEY on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 69 / Wednesday, April 10, 2013 / Notices
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 Telemi 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
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17:59 Apr 09, 2013
Jkt 229001
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
November 30, 2022.
VI. In accordance with Part 756 of the
Regulations, Telemi 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 Telemi. This Order
shall be published in the Federal
Register.
Issued this 2nd day of April 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013–08274 Filed 4–9–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Liem Duc Huynh, a/k/
a Duc Huynh, 2905 South Elm, Broken
Arrow, OK 74012; Order Denying
Export Privileges
On April 17, 2012, in the U.S. District
Court, Central District of California,
Liem Duc Huynh (‘‘Huynh’’) was
convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C.
2778 (2006 & Supp. IV 2010)) (‘‘AECA’’).
Specifically, Huynh was convicted of
aiding and abetting and willfully
exporting Generation 3 Night Vision
Goggles, defense articles listed on the
United States Munitions List, from the
United States to Vietnam, without first
obtaining from the U.S. Department of
State a license or written authorization
for such export. Huynh was sentenced
to one day of prison, (credit for time
served), followed by three years of
supervised release and a $1,500 fine.
Huynh 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
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
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Frm 00008
Fmt 4703
Sfmt 4703
21345
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 Huynh’s
conviction for violating the AECA, and
have provided notice and an
opportunity for Huynh to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations. I
have not received a submission from
Huynh. 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 Huynh’s export
privileges under the Regulations for a
period of 10 years from the date of
Huynh’s conviction. I have also decided
to revoke all licenses issued pursuant to
the Act or Regulations in which Huynh
had an interest at the time of his
conviction.
Accordingly, it is hereby
Ordered
I. Until April 17, 2022, Liem Duc
Huynh (‘‘Huynh’’), with a last known
address at: 2905 South Elm, Broken
Arrow, OK 74012, and when acting for
or on behalf of Huynh, 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
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
(August 16, 2012)), has continued the Regulations
in effect under the International Emergency
Economic Powers Act (50 U.S.C. 1701, et seq. (2006
& Supp. IV 2010)).
E:\FR\FM\10APN1.SGM
10APN1
]]>Agencies
[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Notices]
[Pages 21344-21345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08274]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Andro Telemi, a/k/a Andre Telimi, a/k/a Andre
Telemi; 8868 Bluffdale Drive, La Tuna Canyon, CA 91352; Order Denying
Export Privileges
On November 30, 2012, in the U.S. District Court, Northern District
of Illinois, Andro Telemi, a/k/a Andre Telimi, a/k/a Telemi
(``Telemi'') was convicted of violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2006 & Supp. IV 2010)) (``AECA'').
Specifically, Telemi was convicted of knowingly and willfully
attempting to export from the United States to Iran, defense articles
designated on the United States Munitions List, namely, 10 connector
adapters, without first having obtained the required license or other
approval for such export. Telemi was sentenced to five years of
probation with the first six months served under home confinement, 500
hours of community service, a fine of $10,000 and a $100 assessment.
Telemi 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.
---------------------------------------------------------------------------
\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 (August 16, 2012)), has
continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
IV 2010)).
---------------------------------------------------------------------------
I have received notice of Telemi's conviction for violating the
AECA, and have provided notice and an opportunity for Telemi to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from Telemi. 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 Telemi's export privileges under the Regulations for a period
of 10 years from the date of Telemi's conviction. I have also decided
to revoke all licenses issued pursuant to the Act or Regulations in
which Telemi had an interest at the time of his conviction.
Accordingly, it is hereby ordered:
I. Until November 30, 2022, Andro Telemi, a/k/a Andre Telimi, a/k/a
Andre Telemi (``Telemi'') with a last known address at: 8868 Bluffdale
Drive, La Tuna Canyon, CA 91352, and when acting for or on behalf of
Telemi, 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;
[[Page 21345]]
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 Telemi 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 November 30, 2022.
VI. In accordance with Part 756 of the Regulations, Telemi 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 Telemi. This
Order shall be published in the Federal Register.
Issued this 2nd day of April 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-08274 Filed 4-9-13; 8:45 am]
BILLING CODE P
