Donald V. Bernardo, a/k/a Don Bernarndo, 701 Fredericksburg Road, Mathews, NC 28105; Order Denying Export Privileges, 76103-76104 [2013-29788]
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Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Notices
comments must be received in ERO by
30 days after each meeting date.
Comments may be mailed to the Eastern
Regional Office, U.S. Commission on
Civil Rights, 1331 Pennsylvania
Avenue, Suite 1150, Washington, DC
20425, faxed to (202) 376–7548, or
emailed to ero@usccr.gov. Persons who
desire additional information may
contact the Eastern Regional Office at
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Records generated from this meeting
may be inspected and reproduced at the
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meeting. Persons interested in the work
of this advisory committee are advised
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www.usccr.gov, or to contact the Eastern
Regional Office at the above phone
number, email or street address.
The meetings will be conducted
pursuant to the provisions of the rules
and regulations of the Commission and
FACA.
Dated: December 11, 2013.
David Mussatt,
Acting Chief, Regional Programs
Coordination Unit.
[FR Doc. 2013–29815 Filed 12–13–13; 8:45 am]
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
pmangrum on DSK3VPTVN1PROD with NOTICES
Donald V. Bernardo, a/k/a Don
Bernarndo, 701 Fredericksburg Road,
Mathews, NC 28105; Order Denying
Export Privileges
On November 16, 2011, in the U.S.
District Court, Southern District of
Florida, Donald V. Bernardo, a/k/a Don
Bernardo (‘‘Bernardo’’), was convicted
of Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2006 &
Supp. IV 2010)) (‘‘AECA’’). Specifically,
Bernardo was convicted of knowingly
and willfully engaging in the business of
brokering activities involving Venezuela
in negotiating and arranging contracts,
purchases, sales, and transfers of
defense articles, that is, C–130 Hercules
military transport aircraft, in return for
a fee, commission and other
consideration, without first registering
with the U.S. Department of State.
Bernardo was sentenced to 12 months of
imprisonment and two years of
supervised release, and fined a $100
assessment. Bernardo was released from
prison on February 28, 2013. Bernardo
is also listed on the U.S. Department of
State Debarred List.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
VerDate Mar<15>2010
13:51 Dec 13, 2013
Jkt 232001
‘‘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 Bernardo’s
conviction for violating the AECA, and
have provided notice and an
opportunity for Bernardo to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations. I
have not received a submission from
Bernardo.
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 Bernardo’s
export privileges under the Regulations
for a period of five years from the date
of Bernardo’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Bernardo had an interest at the
time of his conviction.
Accordingly, it is hereby ordered
I. Until November 16, 2016, Donald V.
Bernardo, a/k/a Don Bernardo, with a
last known address at: 701
Fredericksburg Road, Mathews, NC
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)).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
76103
28105, and when acting for or on behalf
of Bernardo, 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
E:\FR\FM\16DEN1.SGM
16DEN1
76104
Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Notices
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 Bernardo 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 is effective
immediately and shall remain in effect
until November 16, 2016.
V. In accordance with Part 756 of the
Regulations, Bernardo 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.
VI. A copy of this Order shall be
delivered to the Bernardo. This Order
shall be published in the Federal
Register.
Dated: December 6, 2013.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2013–29788 Filed 12–13–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–804, A–412–801]
Ball Bearings and Parts Thereof From
Japan and the United Kingdom: Notice
of Reinstatement of Antidumping Duty
Orders, Resumption of Administrative
Reviews, and Advance Notification of
Sunset Reviews
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 15, 2011, pursuant to
a decision of the Court of International
Trade (CIT) that affirmed the
International Trade Commission’s
(ITC’s) negative injury determinations
on remand in the second sunset review
of the antidumping duty orders on
bearings from Japan and the United
Kingdom, the Department of Commerce
(the Department) revoked the Orders.1
pmangrum on DSK3VPTVN1PROD with NOTICES
AGENCY:
1 See Antidumping Duty Orders: Ball Bearings,
Cylindrical Roller Bearings, and Spherical Plain
VerDate Mar<15>2010
13:51 Dec 13, 2013
Jkt 232001
On May 16, 2013, the United States
Court of Appeals for the Federal Circuit
(Federal Circuit) reversed the CIT’s
decision and ordered the CIT to
reinstate the ITC’s affirmative material
injury determinations.2 Subsequently,
on November 18, 2013, the CIT issued
final judgment reinstating the ITC’s
affirmative injury determinations.3
Therefore, the Department is now
reinstating the Orders. Additionally, the
Department is resuming the
administrative reviews of these orders
for the periods May 1, 2009, through
April 30, 2010, and May 1, 2010,
through April 30, 2011.
DATES: Effective Date: November 29,
2013.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0410 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 1989, the Department
published the Orders in the Federal
Register.4 Pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act), the Department initiated and the
ITC instituted the second sunset reviews
of the Orders on June 1, 2005.5 As a
result of its sunset reviews, the
Department found that revocation of the
Orders would be likely to lead to the
continuation or recurrence of dumping
and notified the ITC of the magnitude of
the margins likely to prevail were the
Orders to be revoked.6
Bearings, and Parts Thereof From Japan, 54 FR
20904 (May 15, 1989), and Antidumping Duty
Orders and Amendments to the Final
Determinations of Sales at Less Than Fair Value:
Ball Bearings, and Cylindrical Roller Bearings and
Parts Thereof From the United Kingdom, 54 FR
20910 (May 15, 1989) (collectively, Orders).
2 NSK Corp v. United States International Trade
Commission, 716 F.3d 1352 (Fed. Cir. 2013) (NSK
May 2013).
3 NSK Corp. v. United States International Trade
Commission, Court No. 06–334, Slip Op. 2013–143
(CIT November 18, 2013) (NSK November 2013).
4 See Orders.
5 See Initiation of Five-year (‘‘Sunset’’) Reviews,
70 FR 31423 (June 1, 2005), and Certain Bearings
From China, France, Germany, Italy, Japan,
Singapore, and the United Kingdom, 70 FR 31531
(June 1, 2005); see also 19 CFR 351.218.
6 See Antifriction Bearings and Parts Thereof
from France, Germany, Italy, and the United
Kingdom; Five-Year Sunset Reviews of
Antidumping Duty Orders; Final Results, 70 FR
58183 (October 5, 2005), Ball Bearings and Parts
Thereof From Japan and Singapore; Five-year
Sunset Reviews of Antidumping Duty Orders; Final
Results, 71 FR 26321 (May 4, 2006), and Ball
Bearings and Parts Thereof From Japan; Five-Year
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
On August 31, 2006, the ITC
published its determination that,
pursuant to section 751(c) of the Act,
revocation of the Orders, among others,
would be likely to lead to the
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.7 NSK Corporation, NSK Ltd., and
NSK Europe Ltd. and JTEKT
Corporation and Koyo Corporation of
U.S.A. filed appeals of this
determination with the CIT.
In its third and fourth remand
determinations,8 the ITC found that
revocation of the Orders would not be
likely to lead to the continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time. On April
20, 2011, the CIT affirmed the ITC’s
fourth remand and entered judgment in
the case.9 The CIT stayed the effect of
its judgment temporarily but, lifted the
stay on May 13, 2011.10 On May 17,
2011, the Federal Circuit issued a
temporary stay of the judgment.11
On June 17, 2011, in response to the
CIT’s entry of judgment in NSK, the
Department published a notice of a
court decision not in harmony with a
Department determination, thereby
suspending liquidation of all entries of
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after July 11, 2005,
that remained unliquidated, and not
deemed liquidated, as of April 30,
2011.12
On July 6, 2011, the Federal Circuit’s
stay lifted.13 Therefore, pursuant to the
Sunset Review of Antidumping Duty Order:
Amended Final Results, 71 FR 30378 (May 26,
2006).
7 See Certain Bearings From China, France,
Germany, Italy, Japan, Singapore, and the United
Kingdom, 71 FR 51850 (August 31, 2006), and ITC
Publication 3876 (August 2006) entitled Certain
Bearings from China, France, Germany, Italy, Japan,
Singapore, and the United Kingdom, Investigation
Nos. 731–TA–344, 391–A, 392–A and C, 393–A,
394–A, 396, and 399–A (Second Review).
8 See ITC Publication 4194, Ball Bearings and
Parts Thereof From Japan and the United Kingdom,
Investigation Nos. 731–TA–394A and 399A (Second
Review) (Third Remand) (August 2010), and ITC
Publication 4223, Certain Ball Bearings and Parts
Thereof from Japan and the United Kingdom,
Investigation Nos. 394–A and 399–A (Second
Review) (Fourth Remand) (March 2011).
9 See NSK v. United States, 774 F. Supp. 2d 1296
(CIT 2011) (NSK).
10 See NSK Corp. v. United States, 774 F. Supp.
2d 1300 (CIT 2011).
11 See NSK Corp. v. United States, 422 Fed. Appx.
885 (Fed. Cir. 2011).
12 See Ball Bearings and Parts Thereof From
Japan and the United Kingdom: Notice of Court
Decision Not in Harmony with Continuation of
Antidumping Duty Orders, 76 FR 35401 (June 17,
2011) (Timken Notice).
13 See NSK v. United States, 431 Fed. Appx. 910
(Fed. Cir. 2011).
E:\FR\FM\16DEN1.SGM
16DEN1
]]>Agencies
[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Notices]
[Pages 76103-76104]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29788]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Donald V. Bernardo, a/k/a Don Bernarndo, 701 Fredericksburg Road,
Mathews, NC 28105; Order Denying Export Privileges
On November 16, 2011, in the U.S. District Court, Southern District
of Florida, Donald V. Bernardo, a/k/a Don Bernardo (``Bernardo''), was
convicted of Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2006 & Supp. IV 2010)) (``AECA''). Specifically, Bernardo was
convicted of knowingly and willfully engaging in the business of
brokering activities involving Venezuela in negotiating and arranging
contracts, purchases, sales, and transfers of defense articles, that
is, C-130 Hercules military transport aircraft, in return for a fee,
commission and other consideration, without first registering with the
U.S. Department of State. Bernardo was sentenced to 12 months of
imprisonment and two years of supervised release, and fined a $100
assessment. Bernardo was released from prison on February 28, 2013.
Bernardo 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. 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 Bernardo's conviction for violating the
AECA, and have provided notice and an opportunity for Bernardo to make
a written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from Bernardo.
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 Bernardo's export privileges under the Regulations
for a period of five years from the date of Bernardo's conviction. I
have also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Bernardo had an interest at the time of his
conviction.
Accordingly, it is hereby ordered
I. Until November 16, 2016, Donald V. Bernardo, a/k/a Don Bernardo,
with a last known address at: 701 Fredericksburg Road, Mathews, NC
28105, and when acting for or on behalf of Bernardo, 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
[[Page 76104]]
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 Bernardo 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 is effective immediately and shall remain in effect
until November 16, 2016.
V. In accordance with Part 756 of the Regulations, Bernardo 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.
VI. A copy of this Order shall be delivered to the Bernardo. This
Order shall be published in the Federal Register.
Dated: December 6, 2013.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2013-29788 Filed 12-13-13; 8:45 am]
BILLING CODE P
