In the Matter of: Andrew Vincent O'Donnell, Inmate Number-62355-019, USP Atlanta, U.S. Penitentiary, P.O. Box 15060, Atlanta, GA 30315; Order Denying Export Privileges, 76812-76813 [2013-30209]
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76812
Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Notices
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Andrew Vincent
O’Donnell, Inmate Number—62355–
019, USP Atlanta, U.S. Penitentiary,
P.O. Box 15060, Atlanta, GA 30315;
Order Denying Export Privileges
emcdonald on DSK67QTVN1PROD with NOTICES
On August 1, 2011, in the U.S. District
Court, Northern District of Georgia,
Andrew Vincent O’Donnell
(‘‘O’Donnell’’), was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2006 &
Supp. IV 2010)) (‘‘AECA’’). Specifically,
O’Donnell was convicted of aiding and
abetting by others known and unknown,
knowingly and willfully exporting and
attempting to export EOTech
Holographic Weapon Sights from the
United States to Hong Kong and VLTOR
Modular Upper Receivers from the
United States to Japan, which are
designated as defense articles on the
United States Munitions List, without
having first obtained from the
Department of State a license for such
export or written authorization for such
export. O’Donnell was sentenced to 37
months of imprisonment, three years of
probation, a $2,500 fine and a special
assessment of $400. O’Donnell 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. § 2410(h). The
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)).
VerDate Mar<15>2010
16:41 Dec 18, 2013
Jkt 232001
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 O’Donnell’s
conviction for violating the AECA, and
have provided notice and an
opportunity for O’Donnell to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations. I
have not received a submission from
O’Donnell.
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 O’Donnell’s
export privileges under the Regulations
for a period of 10 years from the date of
O’Donnell’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which O’Donnell had an interest at the
time of his conviction.
Accordingly, it is hereby ordered
I. Until August 1, 2021, Andrew
Vincent O’Donnell, with a last known
address at: Inmate Number—62355–019,
USP Atlanta, U.S. Penitentiary, P.O. Box
15060, Atlanta, GA 30315, and when
acting for or on behalf of O’Donnell, 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.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
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 O’Donnell 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 August 1, 2021.
V. In accordance with Part 756 of the
Regulations, O’Donnell 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 O’Donnell. This Order
E:\FR\FM\19DEN1.SGM
19DEN1
Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Notices
shall be published in the Federal
Register.
Issued this 13th day of December 2013.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2013–30209 Filed 12–18–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Igor Bobel, Inmate #–67253–066, FCI
Loretto, Federal Correctional
Institution, P.O. Box 1000, Loretto, PA
15940; Order Denying Export
Privileges
emcdonald on DSK67QTVN1PROD with NOTICES
On May 11, 2012, in the U.S. District
Court, Eastern District of Pennsylvania,
Igor Bobel (‘‘Bobel’’), was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2006 &
Supp. IV 2010)) (‘‘AECA’’). Specifically,
Bobel was convicted of knowingly and
willfully exporting and attempting to
export, and causing to export, from the
United States to a European country, an
L–3 CNVD–T2 and two Night Force
NXS 8–32x56, which were designated as
defense articles on the United States
Munitions List, without having first
obtained from the United States
Department of State a license for such
export or written authorization for such
export. Bobel was sentenced to 30
months of imprisonment, three years of
supervised release and a $200
assessment. Bobel 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
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)).
VerDate Mar<15>2010
16:41 Dec 18, 2013
Jkt 232001
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 Bobel’s
conviction for violating the AECA, and
have provided notice and an
opportunity for Bobel to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. I have
not received a submission from Bobel.
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 Bobel’s export
privileges under the Regulations for a
period of five years from the date of
Bobel’s conviction. I have also decided
to revoke all licenses issued pursuant to
the Act or Regulations in which Bobel
had an interest at the time of his
conviction.
Accordingly, it is hereby
ordered
I. Until May 11, 2017, Igor Bobel, with
a last known address at: Inmate
# –67253–066, FCI Loretto, Federal
Correctional Institution, P.O. Box 1000,
Loretto, PA 15940, and when acting for
or on behalf of Bobel, 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
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
76813
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 Bobel 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 May 11, 2017.
V. In accordance with Part 756 of the
Regulations, Bobel 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
E:\FR\FM\19DEN1.SGM
19DEN1
]]>Agencies
[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Notices]
[Pages 76812-76813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30209]
[[Page 76812]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Andrew Vincent O'Donnell, Inmate Number--62355-
019, USP Atlanta, U.S. Penitentiary, P.O. Box 15060, Atlanta, GA 30315;
Order Denying Export Privileges
On August 1, 2011, in the U.S. District Court, Northern District of
Georgia, Andrew Vincent O'Donnell (``O'Donnell''), was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2006 & Supp. IV 2010)) (``AECA''). Specifically, O'Donnell was
convicted of aiding and abetting by others known and unknown, knowingly
and willfully exporting and attempting to export EOTech Holographic
Weapon Sights from the United States to Hong Kong and VLTOR Modular
Upper Receivers from the United States to Japan, which are designated
as defense articles on the United States Munitions List, without having
first obtained from the Department of State a license for such export
or written authorization for such export. O'Donnell was sentenced to 37
months of imprisonment, three years of probation, a $2,500 fine and a
special assessment of $400. O'Donnell 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 O'Donnell's conviction for violating the
AECA, and have provided notice and an opportunity for O'Donnell to make
a written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from O'Donnell.
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 O'Donnell's export privileges under the
Regulations for a period of 10 years from the date of O'Donnell's
conviction. I have also decided to revoke all licenses issued pursuant
to the Act or Regulations in which O'Donnell had an interest at the
time of his conviction.
Accordingly, it is hereby ordered
I. Until August 1, 2021, Andrew Vincent O'Donnell, with a last
known address at: Inmate Number--62355-019, USP Atlanta, U.S.
Penitentiary, P.O. Box 15060, Atlanta, GA 30315, and when acting for or
on behalf of O'Donnell, 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 O'Donnell 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 August 1, 2021.
V. In accordance with Part 756 of the Regulations, O'Donnell 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 O'Donnell. This
Order
[[Page 76813]]
shall be published in the Federal Register.
Issued this 13th day of December 2013.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2013-30209 Filed 12-18-13; 8:45 am]
BILLING CODE P
