Order Denying Export Privileges, 28890-28891 [2014-11672]
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28890
Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Notices
Federal fiscal quarter. Each application
received in the USDA Rural
Development State Office will be
reviewed, scored, and ranked to
determine if it is consistent with the
program requirements. Applications
will be scored based on the applicable
scoring criteria contained in 7 CFR
4280.316. Failure to address any of the
applicable scoring criteria will result in
a zero-point score for that section. An
application must receive at least 70
points to be considered for funding in
the quarter in which it is scored.
emcdonald on DSK67QTVN1PROD with NOTICES
VI. Subsequent Annual Microlender
Technical Assistance Grants
17:09 May 19, 2014
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Successful applicants will receive
notification for funding from the USDA
Rural Development State Office.
Applicants must comply with all
applicable statutes and regulations
before the award will be approved.
Unsuccessful applications will receive
notification by mail.
Dated: May 1, 2014.
Lillian E. Salerno,
Administrator, Rural Business-Cooperative
Service.
[FR Doc. 2014–11447 Filed 5–19–14; 8:45 am]
BILLING CODE 3410–XY–P
DEPARTMENT OF COMMERCE
VIII. Agency Contacts
Bureau of Industry And Security
For general questions about this
Notice, please contact your USDA Rural
Development State Office as provided in
the Addresses section of this Notice.
Order Denying Export Privileges
Nondiscrimination Statement
In accordance with 7 CFR 4280–D,
section 4280.313(b)(2), ‘‘Microlender
Technical Assistance (TA) grants will be
limited to an amount equal to not more
than 25 percent of the total outstanding
balance of microloans made under this
program and active by the microlender
as of the date the grant is awarded for
the first $400,000 plus an additional 5
percent of the loan amount owed by the
microborrowers to the lender under this
program over $400,000 up to and
including $2.5 million. Funds cannot be
used to pay off the loans. Any grant
dollars obligated, but not spent, from
the initial grant, will be subtracted from
the subsequent year grant to ensure that
obligations cover only microloans made
and active.’’
To determine the Microlender TA
Grant awards for FY 2014, the Agency
will use the Microlender’s outstanding
balance of microloans as of June 30,
2014, to calculate this amount. MDO’s
that are eligible for an annual grant may
apply.
Awards will be determined noncompetitively based on Agency
appropriations for the fiscal year. The
MDO must submit a prescribed
worksheet listing the outstanding
balance of their microloans and
unexpended grant funds as of the date
of their request and a letter certifying
that their organization still meets all the
requirements set forth in 7 CFR 4280
and that no significant changes have
occurred within the last year that would
affect its ability to carry out their MDO
functions. In addition, all MDOs who
request Subsequent Annual Microlender
Technical Assistance Grants must
complete their reporting into the
Lenders Interactive Network Connection
(LINC) for the Federal fiscal quarter
ending June 30, 2014. The deadline for
reporting into LINC and requesting TA
grant is no later than 4:30 p.m. (local
time) on July 31, 2014.
VerDate Mar<15>2010
VII. Award Administration Information
The U.S. Department of Agriculture
(USDA) prohibits discrimination against
its customers, employees, and
applicants for employment on the bases
of race, color, national origin, age,
disability, sex, gender identity, religion,
reprisal, and where applicable, political
beliefs, marital status, familial or
parental status, sexual orientation, or all
or part of an individual’s income is
derived from any public assistance
program, or protected genetic
information in employment or in any
program or activity conducted or funded
by the Department. (Not all prohibited
bases will apply to all programs and/or
employment activities.)
If you wish to file a Civil Rights
program complaint of discrimination,
complete the USDA Program
Discrimination Complaint Form (PDF),
found online at https://
www.ascr.usda.gov/complaint_filing_
cust.html, or at any USDA office, or call
(866) 632–9992 to request the form. You
may also write a letter containing all of
the information requested in the form.
Send your completed complaint form or
letter to us by mail at U.S. Department
of Agriculture, Director, Office of
Adjudication, 1400 Independence
Avenue SW., Washington, DC 20250–
9410, by fax (202) 690–7442 or email at
program.intake@usda.gov.
Individuals who are deaf, hard of
hearing, or have speech disabilities and
you wish to file either an EEO or
program complaint please contact
USDA through the Federal Relay
Service at (800) 877–8339 or (800) 845–
6136 (in Spanish).
Persons with disabilities, who wish to
file a program complaint, please see
information above on how to contact us
by mail directly or by email. If you
require alternative means of
communication for program information
(e.g., Braille, large print, audiotape, etc.)
please contact USDA’s TARGET Center
at (202) 720–2600 (voice and TDD).
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In the Matter of:
Juan Victorian Gimenez, Inmate #—95463–
004, FPC Duluth, Federal Prison Camp,
P.O. Box 1000, Duluth, MN 55814
On March 21, 2012, in the U.S.
District Court, Southern District of
Florida, Juan Victorian Gimenez
(‘‘Gimenez’’), was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2006 & Supp. IV
2010)) (‘‘AECA’’). Specifically, Gimenez
knowingly and willfully attempted to
export defense articles, that is AR–15/
M–16 firearm barrels, receivers,
components, parts and accessories, from
the United States to Honduras, without
having first obtained a license or written
approval from the United States
Department of State. Gimenez was
sentenced to 63 months of
imprisonment and two years of
supervised release, and fined a $100
assessment. Gimenez 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
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\20MYN1.SGM
20MYN1
emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 97 / Tuesday, May 20, 2014 / Notices
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 Gimenez’s
conviction for violating the AECA, and
have provided notice and an
opportunity for Gimenez to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations. I
have received a submission from
Gimenez.
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 Gimenez’s
export privileges under the Regulations
for a period of 10 years from the date of
Gimenez’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Gimenez had an interest at the
time of his conviction.
Accordingly, it is hereby
Ordered
I. Until March 21, 2022, Juan
Victorian Gimenez, with a last known
address at: Inmate #—95463–004, FPC
Duluth, Federal Prison Camp, P.O. Box
1000, Duluth, MN 55814, and when
acting for or on behalf of Gimenez, 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
VerDate Mar<15>2010
17:09 May 19, 2014
Jkt 232001
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 Gimenez 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 March 21, 2022.
V. In accordance with Part 756 of the
Regulations, Gimenez 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
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28891
Order and must comply with the
provisions of Part 756 of the
Regulations.
VI. A copy of this Order shall be
delivered to the Gimenez. This Order
shall be published in the Federal
Register.
Issued this 9th day of May, 2014.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2014–11672 Filed 5–19–14; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–916]
Laminated Woven Sacks From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Results and Amended Final
Results of the Antidumping Duty
Administrative Review; 2009–2010
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 13, 2013, the
United States Court of Appeals for
Federal Circuit (CAFC), issued its
decision in AMS Associates, Inc. v.
United States, 737 F.3d 1338 (CAFC
2013) (AMS II), affirming the Court of
International Trade’s (CIT) decision in
AMS Associates, Inc. v. United States,
881 F. Supp. 2d 1374 (CIT 2012) (AMS
I). In AMS I, the CIT held that the
Department of Commerce (the
Department) exceeded its authority
under 19 CFR 351.225(l) by retroactively
suspending liquidation of entries of
laminated woven sacks (LWS) produced
in the People’s Republic of China (PRC)
using fabric imported from thirdcountries. Accordingly, the CIT
remanded the case and ordered the
Department to issue instructions to U.S.
Customs and Border Protection (CBP) to
lift the suspension of liquidation and
liquidate the affected entries without
regard to duties. Consistent with the
decision of the CAFC in Timken,1 as
clarified by Diamond Sawblades,2 the
Department is notifying the public that
the final judgment in this case is not in
harmony with the Department’s AR2
Final Results,3 that it will liquidate the
AGENCY:
1 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (‘‘Timken’’).
2 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(‘‘Diamond Sawblades’’).
3 See Laminated Woven Sacks From the People’s
Republic of China: Final Results of Second
Antidumping Duty Administrative Review, 76 FR
21333 (April 15, 2011) (‘‘AR2 Final Results’’).
E:\FR\FM\20MYN1.SGM
20MYN1
]]>Agencies
[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Notices]
[Pages 28890-28891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11672]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry And Security
Order Denying Export Privileges
In the Matter of:
Juan Victorian Gimenez, Inmate --95463-004, FPC Duluth,
Federal Prison Camp, P.O. Box 1000, Duluth, MN 55814
On March 21, 2012, in the U.S. District Court, Southern District of
Florida, Juan Victorian Gimenez (``Gimenez''), was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2006 & Supp. IV 2010)) (``AECA''). Specifically, Gimenez knowingly and
willfully attempted to export defense articles, that is AR-15/M-16
firearm barrels, receivers, components, parts and accessories, from the
United States to Honduras, without having first obtained a license or
written approval from the United States Department of State. Gimenez
was sentenced to 63 months of imprisonment and two years of supervised
release, and fined a $100 assessment. Gimenez 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
[[Page 28891]]
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 Gimenez's conviction for violating the
AECA, and have provided notice and an opportunity for Gimenez to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. I have received a submission from Gimenez.
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 Gimenez's export privileges under the Regulations
for a period of 10 years from the date of Gimenez's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Gimenez had an interest at the time of his
conviction.
Accordingly, it is hereby
Ordered
I. Until March 21, 2022, Juan Victorian Gimenez, with a last known
address at: Inmate --95463-004, FPC Duluth, Federal Prison
Camp, P.O. Box 1000, Duluth, MN 55814, and when acting for or on behalf
of Gimenez, 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 Gimenez 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 March 21, 2022.
V. In accordance with Part 756 of the Regulations, Gimenez 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 Gimenez. This
Order shall be published in the Federal Register.
Issued this 9th day of May, 2014.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2014-11672 Filed 5-19-14; 8:45 am]
BILLING CODE P
