Order Denying Export Privileges, 33904-33905 [2014-13831]
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33904
Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Notices
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is July
23, 2014. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
August 7, 2014.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz.
For further information, contact
Camille Evans at
Camille.Evans@trade.gov or (202) 482–
2350.
Dated: June 9, 2014.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2014–13897 Filed 6–12–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
mstockstill on DSK4VPTVN1PROD with NOTICES
In the Matter of: Jaime Ariel Amaya-Garcia,
Inmate #—11245–379, CI Willacy County
Correctional Institution, 1800 Industrial
Drive, Raymondville, TX 78580.
On March 16, 2013, in the U.S.
District Court, Southern District of
Texas, Jaime Ariel Amaya-Gacia
(‘‘Amaya-Garcia’’), was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2012))
(‘‘AECA’’). Specifically, Amaya-Garcia
knowingly and willfully aiding and
abetting the export, attempting to export
and causing to be exported into the
United Mexican States from the United
States of America a defense article, to
wit: Approximately fifty (50) 308 type,
twenty (20) round assault rifle
magazines, which were 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. AmayaGarcia was sentenced to 46 months of
imprisonment and two years of
supervised release, and fined a $100
assessment. Amaya-Garcia 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
18:01 Jun 12, 2014
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 AmayaGarcia’s conviction for violating the
AECA, and have provided notice and an
opportunity for Amaya-Garcia to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations. I
have not received a submission from
Amaya-Garcia.
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 Amaya-Garcia’s
export privileges under the Regulations
for a period of 10 years from the date of
Amaya-Garcia’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Amaya-Garcia had an interest at
the time of his conviction.
Accordingly, it is hereby
Ordered
I. Until March 16, 2023, Jaime Ariel
Amaya-Garcia, with a last known
address at: Inmate # 11245–379, CI
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 00013
Fmt 4703
Sfmt 4703
Willacy County Correctional Institution,
1800 Industrial Drive, Raymondville,
TX 78580, and when acting for or on
behalf of Amaya-Garcia, 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
E:\FR\FM\13JNN1.SGM
13JNN1
Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Notices
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 Amaya-Garcia 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 16, 2023.
V. In accordance with Part 756 of the
Regulations, Amaya-Garcia 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 Amaya-Garcia. This
Order shall be published in the Federal
Register.
Issued this 6th day of June 2014.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2014–13831 Filed 6–12–14; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
mstockstill on DSK4VPTVN1PROD with NOTICES
In the Matter of: Seyed Mojtaba Atarodi),
a/k/a Professor Mojtaba Atarodi, Electrical
Engineering Department, Sharif University,
Azadi Avenue, Tehran, Iran, and with an
address at: 12955 Jollete Avenue, Granada
Hills, CA 91344
On April 18, 2013, in the U.S. District
Court, Northern District of California,
Seyed Mojtaba Atarodi, a/k/a Professor
Mojtaba Atarodi (‘‘Atarodi’’), was
convicted of violating the International
Emergency Economic Powers Act (50
U.S.C. 1701, et seq. (2006 & Supp. IV
2010)) (‘‘IEEPA’’). Specifically, Atarodi
knowingly and willfully combine,
conspired, confederated, and agreed
with others known and unknown to the
Grand Jury, to commit offenses against
the United States, that is, to export and
cause the exportation of goods from the
United States to Iran in violation of the
VerDate Mar<15>2010
18:01 Jun 12, 2014
Jkt 232001
embargo imposed upon that country by
the United States, without having first
obtained the required licenses and
authorizations from the Office of
Foreign Assets Control, United States
Department of Treasury. Atarodi was
sentenced to time served, three years of
supervised release, and $1,700
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
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 Atarodi’s
conviction for violating the IEEPA, and
have provided notice and an
opportunity for Atarodi to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations. I
have not received a submission from
Atarodi.
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 Atarodi’s export
privileges under the Regulations for a
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 00014
Fmt 4703
Sfmt 4703
33905
period of 10 years from the date of
Atarodi’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Atarodi had an interest at the
time of his conviction.
Accordingly, it is hereby
Ordered
I. Until April 18, 2023, Seyed Mojtaba
Atarodi, a/k/a Professor Seyed Mojtaba
Atarodi, with last known addresses at:
Electrical Engineering Department,
Shariff University, Azadi Avenue,
Tehran, Iran; and 12955 Jollete Avenue,
Granada Hills, CA 91344, and when
acting for or on behalf of Atarodi, 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;
E:\FR\FM\13JNN1.SGM
13JNN1
Agencies
[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Notices]
[Pages 33904-33905]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13831]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Jaime Ariel Amaya-Garcia, Inmate --
11245-379, CI Willacy County Correctional Institution, 1800
Industrial Drive, Raymondville, TX 78580.
On March 16, 2013, in the U.S. District Court, Southern District of
Texas, Jaime Ariel Amaya-Gacia (``Amaya-Garcia''), was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2012)) (``AECA''). Specifically, Amaya-Garcia knowingly and willfully
aiding and abetting the export, attempting to export and causing to be
exported into the United Mexican States from the United States of
America a defense article, to wit: Approximately fifty (50) 308 type,
twenty (20) round assault rifle magazines, which were 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. Amaya-Garcia was sentenced to
46 months of imprisonment and two years of supervised release, and
fined a $100 assessment. Amaya-Garcia 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 Amaya-Garcia's conviction for violating
the AECA, and have provided notice and an opportunity for Amaya-Garcia
to make a written submission to BIS, as provided in Section 766.25 of
the Regulations. I have not received a submission from Amaya-Garcia.
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 Amaya-Garcia's export privileges under the
Regulations for a period of 10 years from the date of Amaya-Garcia's
conviction. I have also decided to revoke all licenses issued pursuant
to the Act or Regulations in which Amaya-Garcia had an interest at the
time of his conviction.
Accordingly, it is hereby
Ordered
I. Until March 16, 2023, Jaime Ariel Amaya-Garcia, with a last
known address at: Inmate 11245-379, CI Willacy County
Correctional Institution, 1800 Industrial Drive, Raymondville, TX
78580, and when acting for or on behalf of Amaya-Garcia, 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
[[Page 33905]]
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 Amaya-Garcia 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 16, 2023.
V. In accordance with Part 756 of the Regulations, Amaya-Garcia 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 Amaya-Garcia.
This Order shall be published in the Federal Register.
Issued this 6th day of June 2014.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2014-13831 Filed 6-12-14; 8:45 am]
BILLING CODE P