Ernest Chornoletskyy, a/k/a Erik Chornoletskyy; Order Denying Export Privileges, 16768-16769 [2014-06631]

Download as PDF 16768 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Notices Notice and Opportunity for Public Comment. ACTION: DEPARTMENT OF COMMERCE Economic Development Administration Pursuant to Section 251 of the Trade Act 1974, as amended (19 U.S.C. 2341 et seq.), the Economic Development Administration (EDA) has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance Economic Development Administration, Department of Commerce. AGENCY: Accordingly, EDA has initiated investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each of these firms contributed importantly to the total or partial separation of the firm’s workers, or threat thereof, and to a decrease in sales or production of each petitioning firm. LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [03/14/2014 through 03/20/2014] Date accepted for investigation Firm name Firm address Cape Pond Ice Company, Inc ............... 104 Commercial Street, PO Box 440, Gloucester, MA 01931. 384 Beinoris Drive, Wood Dale, IL 60190. 6425 Cunningham Rd, Houston, TX 77041. Frey & Weiss Precision Machining, Inc GaUS Anodes International, LLC .......... Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance for Firms Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. Please follow the requirements set forth in EDA’s regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. FTZ 93—Site 6, in Zebulon, North Carolina. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (78 FR 70531–70532, 11–26–2013). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board’s regulations, including Section 400.14. Dated: March 18, 2014. Andrew McGilvray, Executive Secretary. [FR Doc. 2014–06707 Filed 3–25–14; 8:45 am] Bureau of Industry and Security BILLING CODE 3510–WH–P Ernest Chornoletskyy, a/k/a Erik Chornoletskyy; Order Denying Export Privileges DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–98–2013] sroberts on DSK5SPTVN1PROD with NOTICES 3/21/2014 DEPARTMENT OF COMMERCE [FR Doc. 2014–06634 Filed 3–25–14; 8:45 am] Foreign-Trade Zone 93—Raleigh/ Durham, North Carolina, Authorization of Production Activity, GlaxoSmithKline, PLC (Pharmaceutical Products), Zebulon, North Carolina On November 18, 2013, the Triangle J Council of Governments, grantee of FTZ 93, submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board on behalf of GlaxoSmithKline, PLC, within 17:43 Mar 25, 2014 3/18/2014 BILLING CODE 3510–DS–P Dated: March 20, 2014. Michael DeVillo, Eligibility Examiner. VerDate Mar<15>2010 3/18/2014 Jkt 232001 In the Matter of: Ernest Chornoletskyy a/k/a Erik Chornoletskyy currently incarcerated at: Inmate Number—43799–424, CI NE Ohio Corr Ctr, Correctional Institution, 2240 Hubbard Rd., Youngstown, OH 44501 and with an address at: Ernest Chornoletskyy, a/k/a Erik Chornoletskyy, 4310 Marmora Ave. N, Chicago, IL 60634. Order Denying Export Privileges On August 21, 2013, in the U.S. District Court, Eastern District of Pennsylvania, Ernest Chornoletskyy, PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Product(s) The firm produces block ice and fragmentary ice. The firm manufactures precision machined metal parts. The firm manufacturers cast aluminum sacrificial anodes for corrosive environments. a/k/a Erik Chornoletskyy (‘‘Chornoletskyy’’), was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)) (‘‘IEEPA’’). Specifically, Chornoletskyy conspired to willfully export from the United States to Belarus exportcontrolled items, including L–3 x 200xp Handheld Thermal Imaging Cameras, without first obtaining from the United States Department of Commerce a license or written authorization. Chornoletskyy was sentenced to 15 months of imprisonment, three years of supervised release, a $200 assessment and a $3,000 fine. Chornoletskyy 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, 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\26MRN1.SGM 26MRN1 sroberts on DSK5SPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Notices 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 Chornoletskyy’s conviction for violating the IEEPA, and have provided notice and an opportunity for Chornoletskyy to make a written submission to BIS, as provided in Section 766.25 of the Regulations. I have not received a submission from Chornoletskyy. 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 Chornoletskyy’s export privileges under the Regulations for a period of 10 years from the date of Chornoletskyy’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Chornoletskyy had an interest at the time of his conviction. Accordingly, it is hereby Ordered I. Until August 21, 2023, Ernest Chornoletskyy, a/k/a Erik Chornoletskyy, currently incarcerated at: Inmate Number—43799–424, CI NE Ohio Corr Ctr, Correctional Institution, 2240 Hubbard Rd., Youngstown, OH 44501, and with a last known address at: 4310 Marmora Ave. N, Chicago, IL 60634, and when acting for or on behalf of Chornoletskyy, 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, VerDate Mar<15>2010 17:43 Mar 25, 2014 Jkt 232001 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 Chornoletskyy 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. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 16769 IV. This Order is effective immediately and shall remain in effect until August 21, 2023. V. In accordance with part 756 of the Regulations, Chornoletskyy 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 Chornoletskyy. This Order shall be published in the Federal Register. Issued this 20th day of March, 2014. Eileen M. Albanese, Acting Director, Office of Exporter Services. [FR Doc. 2014–06631 Filed 3–25–14; 8:45 am] BILLING CODE XXXX–XX–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: Mostafa Saberi Tehrani, a/k/a Mostafa Saberi, a/k/a Mike Saberi, 8311 North Ivy Street, Brown Deer, WI 53223. On September 13, 2013, in the U.S. District Court, Eastern District of Wisconsin, Mostafa Saberi Tehrani, a/k/a Mostafa Saberi and a/k/a Mike Saberi (‘‘Tehrani’’), was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)) (‘‘IEEPA’’). Specifically, Tehrani knowingly and willfully exported from the United States to Iran a pump seal, without having first obtained the required authorization from the Secretary of Treasury. Tehrani was sentenced to two years of probation, 20 hours of community service and a $100 assessment. 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 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\26MRN1.SGM 26MRN1

Agencies

[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16768-16769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06631]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Ernest Chornoletskyy, a/k/a Erik Chornoletskyy; Order Denying 
Export Privileges

    In the Matter of:

Ernest Chornoletskyy a/k/a Erik Chornoletskyy currently incarcerated 
at: Inmate Number--43799-424, CI NE Ohio Corr Ctr, Correctional 
Institution, 2240 Hubbard Rd., Youngstown, OH 44501

    and with an address at:

Ernest Chornoletskyy, a/k/a Erik Chornoletskyy, 4310 Marmora Ave. N, 
Chicago, IL 60634.

Order Denying Export Privileges

    On August 21, 2013, in the U.S. District Court, Eastern District of 
Pennsylvania, Ernest Chornoletskyy, a/k/a Erik Chornoletskyy 
(``Chornoletskyy''), was convicted of violating the International 
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 
2010)) (``IEEPA''). Specifically, Chornoletskyy conspired to willfully 
export from the United States to Belarus export-controlled items, 
including L-3 x 200xp Handheld Thermal Imaging Cameras, without first 
obtaining from the United States Department of Commerce a license or 
written authorization. Chornoletskyy was sentenced to 15 months of 
imprisonment, three years of supervised release, a $200 assessment and 
a $3,000 fine. Chornoletskyy 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,

[[Page 16769]]

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 Chornoletskyy's conviction for violating 
the IEEPA, and have provided notice and an opportunity for 
Chornoletskyy to make a written submission to BIS, as provided in 
Section 766.25 of the Regulations. I have not received a submission 
from Chornoletskyy.
    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 Chornoletskyy's export privileges under the 
Regulations for a period of 10 years from the date of Chornoletskyy's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Chornoletskyy had an interest at the 
time of his conviction.
    Accordingly, it is hereby
    Ordered
    I. Until August 21, 2023, Ernest Chornoletskyy, a/k/a Erik 
Chornoletskyy, currently incarcerated at: Inmate Number--43799-424, CI 
NE Ohio Corr Ctr, Correctional Institution, 2240 Hubbard Rd., 
Youngstown, OH 44501, and with a last known address at: 4310 Marmora 
Ave. N, Chicago, IL 60634, and when acting for or on behalf of 
Chornoletskyy, 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 Chornoletskyy 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 21, 2023.
    V. In accordance with part 756 of the Regulations, Chornoletskyy 
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 Chornoletskyy. 
This Order shall be published in the Federal Register.

    Issued this 20th day of March, 2014.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2014-06631 Filed 3-25-14; 8:45 am]
BILLING CODE XXXX-XX-P
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