Order Denying Export Privileges, 60248-60249 [2013-23913]

Download as PDF 60248 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Notices identification. All inquiries should be addressed to the Freedom of Information and Privacy Act Staff, Legislative and Public Affairs, APHIS, 4700 River Road Unit 50, Riverdale, MD 20737–1232. CONTESTING RECORD PROCEDURES: Any individual may contest information contained within a record in the system that pertains to him/her by submitting a written request to the system manager at the address above. Include the reason for contesting the record and the proposed amendment to the information with supporting documentation to show how the record is inaccurate. RECORD SOURCE CATEGORIES: The sources of information in the system are from submission forms that accompany laboratory specimens sent into the laboratory for diagnostic testing. The NVSL receives submissions from State and private veterinary diagnostic laboratories as well as private veterinary practitioners, Federal meat inspectors, Federal field veterinarians, and others. In addition, the NVSL receives laboratory samples from other countries associated with imports and for cases where diagnostic assistance is requested. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. 2013–23868 Filed 9–30–13; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–88–2013] emcdonald on DSK67QTVN1PROD with NOTICES Foreign-Trade Zone (FTZ) 183—Austin, Texas; Notification of Proposed Production Activity; Flextronics America, LLC (Automatic Data Processing Machines); Austin, Texas Flextronics America, LLC (Flextronics) submitted a notification of proposed production activity to the FTZ Board for its facility in Austin, Texas. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on September 20, 2013. A separate application for zone status at the Flextronics facility will be processed under Section 400.38 of the Board’s regulations. The facility is used for the machining, assembly, programming, testing, packaging, final stage processing and repair of automatic data processing machines. Pursuant to 15 CFR 400.14(b), FTZ activity would be VerDate Mar<15>2010 14:45 Sep 30, 2013 Jkt 232001 limited to the specific foreign-status materials and components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt Flextronics from customs duty payments on the foreign status components used in export production. On its domestic sales, Flextronics would be able to choose the duty rate during customs entry procedures that applies to automatic data processing machines (duty-free) for the foreign status inputs noted below. Customs duties also could possibly be deferred or reduced on foreign status production equipment. The components and materials sourced from abroad include: gaskets; input/output assemblies; electromagnetic interference support walls; bumpers; adhesives; sleeves; rubber bushings; screws; alignment and connector pins; spacers; locking pin screws; springs; clips; shields; standoffs; lock clamps; fans; input/output structural wall subassemblies; spring latch buttons; exhaust rub rail adhesives; AC inlet, busbar, button, cover, mechanism, shielding, CPU stiffener, inlet, roof and shroud assemblies; mechanism bases; storage; busbars; button dim links; electromagnetic interference fans and fan tops; exhaust finishes; heat sinks; upper ring housing gaskets; WiFi flex holder finishes; connector brackets; frames; holders; insulators; link torsion; manifold exhausts; stiffeners; subassemblies; thermal pads; insert mold torsion bars; torsion springs; vapor chambers; power supplies; housing magnets; speakers; antenna assemblies; printed circuit boards; flexible printed circuit board assemblies; backer, switch and button subassemblies; connectors; printed circuit board assemblies; WiFi interposers; and, cables (duty rate ranges from duty-free to 8.6%). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is November 12, 2013. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via www.trade.gov/ftz. FOR FURTHER INFORMATION CONTACT: Elizabeth Whiteman at PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Elizabeth.Whiteman@trade.gov or (202) 482–0473. Dated: September 25, 2013. Andrew McGilvray, Executive Secretary. [FR Doc. 2013–23779 Filed 9–30–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: Volha Dubouskaya, Inmate #–67621–066–30, U.S.P. Hazelton, U.S. Penitentiary, P.O. Box 2000, Bruceton Mills, WV 26525. On February 6, 2013, in the U.S. District Court, Eastern District of Pennsylvania, Volha Dubouskaya (‘‘Dubouskaya’’), was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)) (‘‘IEEPA’’). Specifically, Dubouskaya was convicted of conspiring and agreeing, together with others known and unknown to the grand jury, to commit an offense against the United States, that is, to willfully export from the United States to Belarus exportcontrolled items, including but not limited to L–3 x200xp Handheld Thermal Imaging Cameras, without first obtaining from the United States Department of Commerce a license or written authorization. Dubouskaya was sentenced to six months in prison followed by three years of supervised release, a $3,000 criminal fine and an assessment of $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 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)). E:\FR\FM\01OCN1.SGM 01OCN1 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Notices emcdonald on DSK67QTVN1PROD with NOTICES 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 Dubouskaya’s conviction for violating the IEEPA, and have provided notice and an opportunity for Dubouskaya to make a written submission to BIS, as provided in Section 766.25 of the Regulations. I have not received a submission from Dubouskaya. 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 Dubouskaya’s export privileges under the Regulations for a period of 10 years from the date of Dubouskaya’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Dubouskaya had an interest at the time of her conviction. Accordingly, it is hereby Ordered I. Until February 6, 2023, Volha Dubouskaya, with a last known address at: Inmate Number #67621–066–30, U.S.P. Hazelton, U.S. Penitentiary, P.O. Box 2000, Bruceton Mills, WV 26525, and when acting for or on behalf of Dubouskaya, her 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 14:45 Sep 30, 2013 Jkt 232001 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 Dubouskaya 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- PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 60249 produced direct product of U.S.-origin technology. V. This Order is effective immediately and shall remain in effect until February 6, 2023. VI. In accordance with Part 756 of the Regulations, Dubouskaya 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 Dubouskaya. 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. 2013–23913 Filed 9–30–13; 8:45 am] BILLING CODE P 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, towit: 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 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 E:\FR\FM\01OCN1.SGM Continued 01OCN1

Agencies

[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Notices]
[Pages 60248-60249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23913]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 Order Denying Export Privileges

    In the Matter of: Volha Dubouskaya, Inmate -67621-066-
30, U.S.P. Hazelton, U.S. Penitentiary, P.O. Box 2000, Bruceton 
Mills, WV 26525.)

    On February 6, 2013, in the U.S. District Court, Eastern District 
of Pennsylvania, Volha Dubouskaya (``Dubouskaya''), was convicted of 
violating the International Emergency Economic Powers Act (50 U.S.C. 
1701, et seq. (2006 & Supp. IV 2010)) (``IEEPA''). Specifically, 
Dubouskaya was convicted of conspiring and agreeing, together with 
others known and unknown to the grand jury, to commit an offense 
against the United States, that is, to willfully export from the United 
States to Belarus export-controlled items, including but not limited to 
L-3 x200xp Handheld Thermal Imaging Cameras, without first obtaining 
from the United States Department of Commerce a license or written 
authorization. Dubouskaya was sentenced to six months in prison 
followed by three years of supervised release, a $3,000 criminal fine 
and an assessment of $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

[[Page 60249]]

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 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)).
---------------------------------------------------------------------------

    I have received notice of Dubouskaya's conviction for violating the 
IEEPA, and have provided notice and an opportunity for Dubouskaya to 
make a written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Dubouskaya.
    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 Dubouskaya's export privileges under the 
Regulations for a period of 10 years from the date of Dubouskaya's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Dubouskaya had an interest at the 
time of her conviction.
    Accordingly, it is hereby

Ordered

    I. Until February 6, 2023, Volha Dubouskaya, with a last known 
address at: Inmate Number 67621-066-30, U.S.P. Hazelton, U.S. 
Penitentiary, P.O. Box 2000, Bruceton Mills, WV 26525, and when acting 
for or on behalf of Dubouskaya, her 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 Dubouskaya 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 February 6, 2023.
    VI. In accordance with Part 756 of the Regulations, Dubouskaya 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 Dubouskaya. 
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. 2013-23913 Filed 9-30-13; 8:45 am]
BILLING CODE P