Order Denying Export Privileges, 37518-37519 [2013-14838]

Download as PDF 37518 Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Notices ANNEX—QUANTITY-BASED SAFEGUARD TRIGGER—Continued Product Trigger level Period Infant Formula Containing Oligosaccharides ..... Mixes and Doughs ............................................. 797,480 kilograms ............................................ 218 mt .............................................................. 178 mt .............................................................. 419 mt .............................................................. 593 mt .............................................................. 1,920,680 liters ................................................ 75,883 kilograms .............................................. 1,056,786 kilograms ......................................... 2,385,410 kilograms ......................................... 60 kilograms ..................................................... 60 kilograms ..................................................... 8,805 kilograms ................................................ 57,587 kilograms .............................................. 64 kilograms ..................................................... 505,834 kilograms ............................................ 393,492 kilograms ............................................ 589,849 kilograms ............................................ 77,794 kilograms .............................................. 50,873 kilograms .............................................. January 1, 2013 to December 31, 2013. October 1, 2012 to September 30, 2013. October 1, 2013 to September 30, 2014. October 1, 2012 to September 30, 2013. October 1, 2013 to September 30, 2014. January 1, 2013 to December 31, 2013. January 1, 2013 to December 31, 2013. September 20, 2012 to September 19, 2013. September 20, 2013 to September 19, 2014. August 1, 2012 to July 31, 2013. August 1, 2013 to July 31, 2014. August 1, 2012 to July 31, 2013. August 1, 2013 to July 31, 2014. August 1, 2012 to July 31, 2013. August 1, 2013 to July 31, 2014. September 20, 2012 to September 19, 2013. September 20, 2013 to September 19, 2014. September 11, 2012 to September 10, 2013. September 11, 2013 to September 10, 2014. Mixed Condiments and Seasonings ................... Ice Cream ........................................................... Animal Feed Containing Milk ............................. Short Staple Cotton ............................................ Harsh or Rough Cotton ...................................... Medium Staple Cotton ........................................ Extra Long Staple Cotton ................................... Cotton Waste ...................................................... Cotton, Processed, Not Spun ............................ Notice and opportunity for public comment. ACTION: [FR Doc. 2013–14858 Filed 6–20–13; 8:45 am] BILLING CODE 3410–10–P DEPARTMENT OF COMMERCE Economic Development Administration Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance Economic Development Administration, Department of Commerce. AGENCY: Pursuant to Section 251 of the Trade Act 1974, as amended (19 U.S.C. 2341 et seq.), the Economic Development Administration (EDA) has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. Accordingly, EDA has initiated investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each of these firms contributed importantly to the total or partial separation of the firm’s workers, or threat thereof, and to a decrease in sales or production of each petitioning firm. LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [6/6/2013 through 6/17/2013] Firm name Firm address 203 North Gables Blvd., Wheaton, IL 60187. Nothing Shocking, LLC (dba Mojo Musical Supply). National Tractor Parts, Inc. TKELLEY on DSK3SPTVN1PROD with NOTICES TouchSensor Technologies, LLC. Date accepted for investigation 513 South Dudley Street, Burgaw, NC 28425. 12127A Galena Rd., Plano, IL 60545. Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance for Firms Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. Please follow the requirements set forth in EDA’s regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal VerDate Mar<15>2010 18:32 Jun 20, 2013 Jkt 229001 6/6/2013 6/17/2013 6/12/2013 Product(s) The firm designs and manufactures patented digital switches for use in touch sensitive user interface panels and solid-state fluid level sensors. The firm manufactures guitar-related parts, guitar amplifiers and related parts. Firm manufacturers heavy equipment undercarriage products and assemblies. Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Dated: June 17, 2013. Michael DeVillo, Eligibility Examiner. [FR Doc. 2013–14841 Filed 6–20–13; 8:45 am] BILLING CODE 3510–WH–P PO 00000 Frm 00015 Fmt 4703 DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: Lee Roy Perez, Inmate Number #85828–279, FCI Herlong, Federal Corrections Institution, P.O. Box 800, Herlong, CA 96113. On December 13, 2011, in the U.S. District Court, Southern District of Texas, Lee Roy Perez (‘‘Perez’’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp. IV 2010)) (‘‘AECA’’). Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1 Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Notices TKELLEY on DSK3SPTVN1PROD with NOTICES Specifically, Perez was convicted of knowingly and willfully exporting and causing to be exported and attempting to export and attempting to cause to be exported from the United States to Mexico six Century International Arms, model AKMS rifles which were designated as defense articles on the United States Munitions List, without having first obtained from the Department of State a license for such export or written authorization for such export. Perez was sentenced to 48 months of imprisonment and two years of supervised release, and fined a $100 assessment. Perez 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 Perez’s conviction for violating the AECA, and have provided notice and an opportunity for Perez to make a written submission to BIS, as provided in Section 766.25 of the Regulations. I have 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2013). 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 (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)). VerDate Mar<15>2010 18:32 Jun 20, 2013 Jkt 229001 not received a submission from Perez. 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 Perez’s export privileges under the Regulations for a period of 10 years from the date of Perez’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Perez had an interest at the time of his conviction. Accordingly, it is hereby Ordered I. Until December 13, 2021, Lee Roy Perez, with a last known address at: Inmate Number #85828–279, FCI Herlong, Federal Corrections Institution, P.O. Box 800, Herlong, CA 96113, and when acting for or on behalf of Perez, 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; PO 00000 Frm 00016 Fmt 4703 Sfmt 9990 37519 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 Perez 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 December 13, 2021. VI. In accordance with Part 756 of the Regulations, Perez 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 Perez. This Order shall be published in the Federal Register. Issued this 17th day of June 2013. Bernard Kritzer, Director, Office of Exporter Services. [FR Doc. 2013–14838 Filed 6–20–13; 8:45 am] BILLING CODE P E:\FR\FM\21JNN1.SGM 21JNN1

Agencies

[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Notices]
[Pages 37518-37519]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14838]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Lee Roy Perez, Inmate Number 85828-
279, FCI Herlong, Federal Corrections Institution, P.O. Box 800, 
Herlong, CA 96113.

    On December 13, 2011, in the U.S. District Court, Southern District 
of Texas, Lee Roy Perez (``Perez'') was convicted of violating Section 
38 of the Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp. IV 
2010)) (``AECA'').

[[Page 37519]]

Specifically, Perez was convicted of knowingly and willfully exporting 
and causing to be exported and attempting to export and attempting to 
cause to be exported from the United States to Mexico six Century 
International Arms, model AKMS rifles which were designated as defense 
articles on the United States Munitions List, without having first 
obtained from the Department of State a license for such export or 
written authorization for such export. Perez was sentenced to 48 months 
of imprisonment and two years of supervised release, and fined a $100 
assessment. Perez 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 (2013). 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 (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 Perez's conviction for violating the 
AECA, and have provided notice and an opportunity for Perez to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Perez. 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 Perez's export privileges under the Regulations for a period of 
10 years from the date of Perez's conviction. I have also decided to 
revoke all licenses issued pursuant to the Act or Regulations in which 
Perez had an interest at the time of his conviction.
    Accordingly, it is hereby

Ordered

    I. Until December 13, 2021, Lee Roy Perez, with a last known 
address at: Inmate Number 85828-279, FCI Herlong, Federal 
Corrections Institution, P.O. Box 800, Herlong, CA 96113, and when 
acting for or on behalf of Perez, 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 Perez 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 December 13, 2021.
    VI. In accordance with Part 756 of the Regulations, Perez 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 Perez. This 
Order shall be published in the Federal Register.

    Issued this 17th day of June 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-14838 Filed 6-20-13; 8:45 am]
BILLING CODE P
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