Harold Hanson; Order Relating to Harold Hanson, 43856 [2013-17512]

Download as PDF 43856 Federal Register / Vol. 78, No. 140 / Monday, July 22, 2013 / Notices DEPARTMENT OF COMMERCE Bureau of Industry and Security Harold Hanson; Order Relating to Harold Hanson In the Matter of: Harold Hanson, 4280 Wheeled Caisson Square, Fairfax, Virginia 22033; Respondent Order Relating to Harold Hanson The Bureau of Industry and Security, U.S. Department of Commerce (‘‘BIS’’), has notified Harold Hanson, of Fairfax, Virginia (‘‘Hanson’’), of its intention to initiate an administrative proceeding against Hanson pursuant to Section 766.3 of the Export Administration Regulations (the ‘‘Regulations’’),1 and Section 13(c) of the Export Administration Act of 1979, as amended (the ‘‘Act’’),2 through the issuance of a Proposed Charging Letter to Hanson that alleges that Hanson committed one violation of the Regulations. Specifically, the charge is: tkelley on DSK3SPTVN1PROD with NOTICES Charge 1 15 CFR 764.2(g): Misrepresentation and Concealment of Facts in the Course of an Investigation On or about January 29, 2009, Hanson made false or misleading statements to the U.S. Government in the course of an investigation. Specifically, in relation to an investigation of unlicensed exports to the People’s Republic of China (‘‘China’’) of 20 autopilots, items subject to the Regulations, and valued at approximately $90,340, during an interview with a BIS special agent and an FBI special agent on or about January 29, 2009, Hanson represented that he did not provide the Canadian seller, with an end use for the autopilots. These statements were false or misleading because Hanson actually had provided the seller with a stated end use in his email communications with the company, stating that the autopilots would be used for research projects to record thunderstorm and tornado development in the Great Plains. The items were, in fact, intended for export 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2013). The charged violation occurred in 2009. The Regulations governing the violations at issue are found in the 2009 version of the Code of Federal Regulations (15 CFR parts 730–774). The 2013 Regulations set forth the procedures that apply to this matter. 2 50 U.S.C. app. §§ 2401–2420 (2000). Since August 21, 2001, the Act 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.) (2006 & Supp. IV 2010). VerDate Mar<15>2010 17:15 Jul 19, 2013 Jkt 229001 to China and subsequently were exported from the United States to China. In so doing, Hanson committed one violation of Section 764.2(g) of the Regulations. Whereas, BIS and Hanson have entered into a Settlement Agreement pursuant to Section 766.18(a) of the Regulations, whereby they agreed to settle this matter in accordance with the terms and conditions set forth therein; and Whereas, I have approved of the terms of such Settlement Agreement; It is therefore ordered: First, that for a period of fifteen (15) years from the date of this Order, Hanson, with a last known address of 4280 Wheeled Caisson Square, Fairfax, Virginia 22033, and when acting for or on his behalf, his successors, assigns, representatives, agents, or employees (hereinafter collectively referred to as ‘‘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, or in any other activity 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. Second, that 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 PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 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. Third, that, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any person, firm, corporation, or business organization related to the Denied Person by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of the Order. Fourth, Hanson shall not take any action or make or permit to be made any public statement, directly or indirectly, denying the allegations in the Proposed Charging Letter or the Order. The foregoing does not affect Hanson’s testimonial obligations in any proceeding, nor does it affect its right to take legal or factual positions in civil litigation or other civil proceedings in which the U.S. Department of Commerce is not a party. Fifth, that the Proposed Charging Letter, the Settlement Agreement, and this Order shall be made available to the public. Sixth, that this Order shall be served on Hanson, and shall be published in the Federal Register. This Order, which constitutes the final agency action in this matter, is effective immediately. Issued this 16th day of July, 2013. David W. Mills, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2013–17512 Filed 7–19–13; 8:45 am] BILLING CODE P E:\FR\FM\22JYN1.SGM 22JYN1

Agencies

[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Page 43856]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17512]



[[Page 43856]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Harold Hanson; Order Relating to Harold Hanson

    In the Matter of: Harold Hanson, 4280 Wheeled Caisson Square, 
Fairfax, Virginia 22033; Respondent

Order Relating to Harold Hanson

    The Bureau of Industry and Security, U.S. Department of Commerce 
(``BIS''), has notified Harold Hanson, of Fairfax, Virginia 
(``Hanson''), of its intention to initiate an administrative proceeding 
against Hanson pursuant to Section 766.3 of the Export Administration 
Regulations (the ``Regulations''),\1\ and Section 13(c) of the Export 
Administration Act of 1979, as amended (the ``Act''),\2\ through the 
issuance of a Proposed Charging Letter to Hanson that alleges that 
Hanson committed one violation of the Regulations. Specifically, the 
charge is:
---------------------------------------------------------------------------

    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2013). The charged 
violation occurred in 2009. The Regulations governing the violations 
at issue are found in the 2009 version of the Code of Federal 
Regulations (15 CFR parts 730-774). The 2013 Regulations set forth 
the procedures that apply to this matter.
    \2\ 50 U.S.C. app. Sec. Sec.  2401-2420 (2000). Since August 21, 
2001, the Act 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.) (2006 & 
Supp. IV 2010).
---------------------------------------------------------------------------

Charge 1 15 CFR 764.2(g): Misrepresentation and Concealment of Facts in 
the Course of an Investigation

    On or about January 29, 2009, Hanson made false or misleading 
statements to the U.S. Government in the course of an investigation. 
Specifically, in relation to an investigation of unlicensed exports to 
the People's Republic of China (``China'') of 20 autopilots, items 
subject to the Regulations, and valued at approximately $90,340, during 
an interview with a BIS special agent and an FBI special agent on or 
about January 29, 2009, Hanson represented that he did not provide the 
Canadian seller, with an end use for the autopilots. These statements 
were false or misleading because Hanson actually had provided the 
seller with a stated end use in his email communications with the 
company, stating that the autopilots would be used for research 
projects to record thunderstorm and tornado development in the Great 
Plains. The items were, in fact, intended for export to China and 
subsequently were exported from the United States to China.
    In so doing, Hanson committed one violation of Section 764.2(g) of 
the Regulations.
    Whereas, BIS and Hanson have entered into a Settlement Agreement 
pursuant to Section 766.18(a) of the Regulations, whereby they agreed 
to settle this matter in accordance with the terms and conditions set 
forth therein; and
    Whereas, I have approved of the terms of such Settlement Agreement;
    It is therefore ordered:
    First, that for a period of fifteen (15) years from the date of 
this Order, Hanson, with a last known address of 4280 Wheeled Caisson 
Square, Fairfax, Virginia 22033, and when acting for or on his behalf, 
his successors, assigns, representatives, agents, or employees 
(hereinafter collectively referred to as ``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, or in any other 
activity 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.
    Second, that 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.
    Third, that, after notice and opportunity for comment as provided 
in Section 766.23 of the Regulations, any person, firm, corporation, or 
business organization related to the Denied Person by affiliation, 
ownership, control, or position of responsibility in the conduct of 
trade or related services may also be made subject to the provisions of 
the Order.
    Fourth, Hanson shall not take any action or make or permit to be 
made any public statement, directly or indirectly, denying the 
allegations in the Proposed Charging Letter or the Order. The foregoing 
does not affect Hanson's testimonial obligations in any proceeding, nor 
does it affect its right to take legal or factual positions in civil 
litigation or other civil proceedings in which the U.S. Department of 
Commerce is not a party.
    Fifth, that the Proposed Charging Letter, the Settlement Agreement, 
and this Order shall be made available to the public.
    Sixth, that this Order shall be served on Hanson, and shall be 
published in the Federal Register.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.

    Issued this 16th day of July, 2013.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2013-17512 Filed 7-19-13; 8:45 am]
BILLING CODE P