Order Denying Export Privileges, 61953-61954 [2013-24399]

Download as PDF Federal Register / Vol. 78, No. 195 / Tuesday, October 8, 2013 / Notices wreier-aviles on DSK5TPTVN1PROD with NOTICES evasion. Tysonic is owned and operated by Loong. In addition, Tysonic was involved in two of the transactions and violations that led to the issuance of the Denial Order against Loong. As alleged in the violations set forth in Charges 1 and 2 of the Charging Letter, determined by the ALJ, and affirmed by the Under Secretary, Loong, in his capacity as owner and operator of Tysonic, ordered and/or bought GPS engines and peak power meter from the United States and had the items shipped to Tysonic in Singapore. Following the arrival of the items in Singapore, the items were then shipped on to Iran. As a result of these transactions, on April 12, 2006, BIS temporarily denied the export privileges of both Loong and Tysonic for a period of 180 days. In the matter of Tysonic Enterprises and Chan Heep Loong, 71 FR 20074 (April 19, 2006). Furthermore, while subject to this temporary denial order (‘‘TDO’’), Loong continued to procure items subject to the EAR from the United States, in clear violation of the terms of the TDO, and did so by evasively using another company, Rosen Enterprises, which he also owned and operated and which was co-located with Tysonic. See Charge 3. Thus, Loong has already demonstrated his willingness to use companies related to him to contravene and evade a denial order issued against him. Based on the foregoing and the record as a whole in this matter, I find that Tysonic is a person related to Loong by ‘‘ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business’’ pursuant to Section 766.23 of the Regulations, and that the Denial Order against Loong, which will remain in effect until December July 29, 2023, should be made applicable to Tysonic in order to prevent evasion of that order. III. Order It is therefore ordered: First, that from the date this Order is published in the Federal Register, until July 29, 2023, Tysonic Enterprises, located at 10 Anson Road, 15–14 International Plaza, Singapore, 079903 SG, and its successors and assigns, and when acting for or on its behalf, its directors, officers, employees, representatives, or agents (hereinafter referred to as ‘‘Denied Person’’) may not participate, directly or indirectly, 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 VerDate Mar<15>2010 13:09 Oct 07, 2013 Jkt 232001 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 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. Benefiting 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 61953 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 this Order. Fourth, that 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. Fifth, that this Order shall be served on the Denied Person and on BIS, and shall be published in the Federal Register. This Order is effective upon publication in the Federal Register and shall remain in effect until July 29, 2023. Entered this 30th day of September, 2013. David W. Mills, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2013–24401 Filed 10–7–13; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: Timothy Gormley, Inmate Number—68687– 066, USP Lewisburg, US Penitentiary, P.O. Box 1000, Lewisburg, PA 17837. On January 17, 2013, in the U.S. District Court, Eastern District of Pennsylvania, Timothy Gormley (‘‘Gormley’’), was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)) (‘‘IEEPA’’). Specifically, Gormley was convicted on five counts of violating IEEPA by engaging in transactions relating to exporting amplifiers to China and India without obtaining the required licenses. Gormley was sentenced to 42 months of imprisonment, five years of supervised release, a $500 assessment and a $1,000 criminal fine. 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 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 E:\FR\FM\08OCN1.SGM Continued 08OCN1 61954 Federal Register / Vol. 78, No. 195 / Tuesday, October 8, 2013 / Notices wreier-aviles on DSK5TPTVN1PROD with NOTICES 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 Gormley’s conviction for violating the IEEPA, and have provided notice and an opportunity for Gormley to make a written submission to BIS, as provided in Section 766.25 of the Regulations. Through his defense counsel, Gormley has indicated that he does not intend to contest BIS’s decision to deny his export privileges under the Regulations. 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 Gormley’s export privileges under the Regulations for a period of 10 years from the date of Gormley’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Gormley had an interest at the time of his conviction. Accordingly, it is hereby Ordered I. Until January 17, 2023, Timothy Gormley, with a last known address at: Inmate Number #68687–066, USP Lewisburg, US Penitentiary, P.O. Box 1000, Lewisburg, PA 17837, and when acting for or on behalf of Gormley, his representatives, assigns, agents or employees (the ‘‘Denied Person’’), may not, directly or indirectly, participate in any way in any Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)). VerDate Mar<15>2010 13:09 Oct 07, 2013 Jkt 232001 PO 00000 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 Frm 00006 Fmt 4703 Sfmt 4703 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 Gormley 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 January 17, 2023. VI. In accordance with Part 756 of the Regulations, Gormley 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 Gormley. This Order shall be published in the Federal Register. Issued this 26th day of September, 2013. Bernard Kritzer, Director, Office of Exporter Services. [FR Doc. 2013–24399 Filed 10–7–13; 8:45 am] BILLING CODE P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP13–550–000; RP13–1362– 000] ONEOK, Inc.; ONE Gas, Inc.; Notice of Application and Petition Take notice that on September 27, 2013, ONEOK, Inc. (ONEOK) and ONE Gas, Inc. (ONE Gas), 100 West Fifth Street, Tulsa, Oklahoma 74103, jointly filed in Docket No. CP13–550–000 an application pursuant to sections 7(b), 7(c), and 7(f) of the Natural Gas Act (NGA) and Parts 157 and 284 of the Commission’s regulations for authorizations required to implement the transfer certain natural gas distribution assets located in Kansas, Oklahoma, and Texas from ONEOK to E:\FR\FM\08OCN1.SGM 08OCN1

Agencies

[Federal Register Volume 78, Number 195 (Tuesday, October 8, 2013)]
[Notices]
[Pages 61953-61954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24399]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of:

Timothy Gormley, Inmate Number--68687-066, USP Lewisburg, US 
Penitentiary, P.O. Box 1000, Lewisburg, PA 17837.

    On January 17, 2013, in the U.S. District Court, Eastern District 
of Pennsylvania, Timothy Gormley (``Gormley''), was convicted of 
violating the International Emergency Economic Powers Act (50 U.S.C. 
1701, et seq. (2006 & Supp. IV 2010)) (``IEEPA''). Specifically, 
Gormley was convicted on five counts of violating IEEPA by engaging in 
transactions relating to exporting amplifiers to China and India 
without obtaining the required licenses. Gormley was sentenced to 42 
months of imprisonment, five years of supervised release, a $500 
assessment and a $1,000 criminal fine.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent

[[Page 61954]]

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. Sec.  
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. Sec.  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. 
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 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 Gormley's conviction for violating the 
IEEPA, and have provided notice and an opportunity for Gormley to make 
a written submission to BIS, as provided in Section 766.25 of the 
Regulations. Through his defense counsel, Gormley has indicated that he 
does not intend to contest BIS's decision to deny his export privileges 
under the Regulations.
    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 Gormley's export privileges under the Regulations 
for a period of 10 years from the date of Gormley's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Gormley had an interest at the time of his 
conviction.
    Accordingly, it is hereby

Ordered

I. Until January 17, 2023, Timothy Gormley, with a last known address 
at: Inmate Number 68687-066, USP Lewisburg, US Penitentiary, 
P.O. Box 1000, Lewisburg, PA 17837, and when acting for or on behalf of 
Gormley, 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 Gormley 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 
January 17, 2023.
VI. In accordance with Part 756 of the Regulations, Gormley 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 Gormley. This Order 
shall be published in the Federal Register.

     Issued this 26th day of September, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-24399 Filed 10-7-13; 8:45 am]
BILLING CODE P