Order Denying Export Privileges, 60249-60250 [2013-23912]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security

[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Notices]
[Pages 60249-60250]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23912]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Andrew Silcox, Inmate -84941-280, FCI 
Bastrop, Federal Correctional Institution, P.O. Box 1010, Bastrop, 
TX 53952.)

    On March 1, 2012, in the U.S. District Court, Western District of 
Texas, Andrew Silcox (``Silcox''), was convicted of violating Section 
38 of the Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp. IV 
2010)) (``AECA''). Specifically, Silcox was convicted of knowingly and 
willfully exporting from the United States a defense article, to-wit: a 
Naval Radar Control Unit AN/SPS-40B/C/D, part number 161664, also known 
as a Sensitivity Time Control Generator Assembly, which is designated 
as a defense article on the United States Munitions List, Category 
XI(c), without having first obtained from the United States Department 
of State a license for such export or written authorization for such 
export. Silcox was sentenced to 24 months of imprisonment and three 
years of supervised release. Silcox 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

[[Page 60250]]

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.
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    \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 8, 2013 (78 FR 49107 (August 12, 2013)), has continued the 
Regulations in effect under the International Emergency Economic 
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)).
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    I have received notice of Silcox's conviction for violating the 
AECA, and have provided notice and an opportunity for Silcox to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Silcox.
    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 Silcox's export privileges under the Regulations 
for a period of 10 years from the date of Silcox's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Silcox had an interest at the time of his 
conviction.
    Accordingly, it is hereby

Ordered

    I. Until March 1, 2022, Andrew Silcox, with a last known address 
at: Inmate Number 84941-280, FCI Bastrop, Federal Correctional 
Institution, P.O. Box 1010, Bastrop, TX 53952, and when acting for or 
on behalf of Silcox, 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 Silcox 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 March 1, 2022.
    VI. In accordance with Part 756 of the Regulations, Silcox 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 Silcox. This 
Order shall be published in the Federal Register.

     Issued this 25th day of September, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-23912 Filed 9-30-13; 8:45 am]
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