In the Matter of: Diocenyr Ribamar Barbosa-Santos, 3928 Shiver Road, Fort Worth, TX 76244-8692; Order Denying Export Privileges, 70161-70162 [2014-27882]
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Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Notices
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.
Dated: November 18, 2014.
Michael DeVillo,
Eligibility Examiner.
[FR Doc. 2014–27877 Filed 11–24–14; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Diocenyr Ribamar
Barbosa-Santos, 3928 Shiver Road,
Fort Worth, TX 76244–8692; Order
Denying Export Privileges
wreier-aviles on DSK4TPTVN1PROD with NOTICES
On October 3, 2013, in the U.S.
District Court for the Southern District
of Florida, Diocenyr Ribamar BarbosaSantos (‘‘Barbosa-Santos’’) was
convicted of violating the International
Emergency Economic Powers Act (50
U.S.C. 1701, et seq. (2006 & Supp. IV
2010)) (‘‘IEEPA’’). Specifically, BarbosaSantos knowingly and willfully engaged
in a transaction involving the attempted
export, sale, brokering and financing of
an A–300 Airbus aircraft from China to
Iran, in violation, inter alia, of IEEPA.
Barbosa-Santos was sentenced to 24
months in prison, three years of
supervised release, 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
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
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2014). 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 7, 2014 (79 FR 46959 (August
11, 2014)), 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 Sep<11>2014
14:41 Nov 24, 2014
Jkt 235001
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.
BIS has received notice of BarbosaSantos’s conviction for violating the
IEEPA, and in accordance with Section
766.25 of the Regulations, BIS has
provided notice and an opportunity for
Barbosa-Santos to make a written
submission to BIS. BIS has not received
a submission from Barbosa-Santos.
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 Barbosa-Santos’s
export privileges under the Regulations
for a period of five (5) years from the
date of Barbosa-Santos’s conviction. I
have also decided to revoke all licenses
issued pursuant to the Act or
Regulations in which Barbosa-Santos
had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
October 3, 2018, Diocenyr Ribamar
Barbosa-Santos, with a last known
address of 3928 Shiver Road, Fort
Worth, TX 76244–8692, and when
acting for or on his behalf, his
successors, assigns, employees, agents
or representatives (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
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
70161
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
Second, 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.
Third, 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 Barbosa-Santos
by ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Barbosa-Santos 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.
Fifth, a copy of this Order shall be
delivered to the Barbosa-Santos. This
E:\FR\FM\25NON1.SGM
25NON1
70162
Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Notices
Order shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until October 3, 2018.
Issued this 18th day of November, 2014.
Karen H. Nies-Vogel,
Acting Director, Office of Exporter Services.
[FR Doc. 2014–27882 Filed 11–24–14; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Regulations and Procedures Technical
Advisory Committee; Notice of
Partially Closed Meeting
The Regulations and Procedures
Technical Advisory Committee (RPTAC)
will meet December 9, 2014, 9:00 a.m.,
Room 3884, in the Herbert C. Hoover
Building, 14th Street between
Constitution and Pennsylvania Avenues
NW., Washington, DC. The Committee
advises the Office of the Assistant
Secretary for Export Administration on
implementation of the Export
Administration Regulations (EAR) and
provides for continuing review to
update the EAR as needed.
Agenda
wreier-aviles on DSK4TPTVN1PROD with NOTICES
Public Session
1. Opening remarks by the Chairman.
2. Opening remarks by Bureau of
Industry and Security.
3. Presentation of papers or comments
by the Public.
4. Export Enforcement update.
5. Regulations update.
6. Working group reports.
7. Automated Export System update.
Closed Session
8. Discussion of matters determined to
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 2 §§ 10(a)(1) and 10(a)(3).
The open session will be accessible
via teleconference to 25 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at Yvette.Springer@
bis.doc.gov no later than December 2,
2014.
A limited number of seats will be
available for the public session.
Reservations are not accepted. To the
extent that time permits, members of the
public may present oral statements to
the Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
the distribution of public presentation
materials to the Committee members,
the Committee suggests that presenters
VerDate Sep<11>2014
14:41 Nov 24, 2014
Jkt 235001
forward the public presentation
materials prior to the meeting to Ms.
Springer via email.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on October 29,
2014, pursuant to Section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. app. 2 § (10)(d)), that
the portion of the meeting dealing with
pre-decisional changes to the Commerce
Control List and U.S. export control
policies shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. app. 2 §§ 10(a)(1) and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, call Yvette
Springer at (202) 482–2813.
Dated: November 19, 2014.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2014–27867 Filed 11–24–14; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Emerging Technology and Research
Advisory Committee; Notice of
Partially Closed Meeting
The Emerging Technology and
Research Advisory Committee (ETRAC)
will meet on December 11, 2014, 8:30
a.m., Room 3884, at the Herbert C.
Hoover Building, 14th Street between
Pennsylvania and Constitution Avenues
NW., Washington, DC. The Committee
advises the Office of the Assistant
Secretary for Export Administration on
emerging technology and research
activities, including those related to
deemed exports.
Agenda
Frm 00007
Dated: November 19, 2014.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2014–27868 Filed 11–24–14; 8:45 am]
Thursday, December 11
1. Welcome and Introductions.
2. Remarks by Assistant Secretary for
Export Administration.
3. Status Report: Export Control
Classification Number Review, Review
by the ETRAC members of their
assigned Categories to determine
viability.
4. Recruitment for ETRAC members.
5. Harmonization of definitions—
fundamental research.
6. Review of Meeting Minutes and
topics delivered at ETRAC Fall meeting
at the University of California-San
Diego, including: Genetic Synthesis;
Space Security; Unmanned Aerial
Vehicles; Fundamental Research and
Public Domain; New Technology
Definition; and Additive Manufacturing.
PO 00000
Closed Session
7. Discussion of matters determined to
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 2 §§ 10(a)(1) and l0(a)(3).
The open sessions will be accessible
via teleconference to 25 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at Yvette.Springer@
bis.doc.gov no later than, December 4,
2014.
A limited number of seats will be
available for the public session.
Reservations are not accepted. To the
extent that time permits, members of the
public may present oral statements to
the Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
the distribution of public presentation
materials to the Committee members,
the Committee suggests that presenters
forward the public presentation
materials prior to the meeting to Ms.
Springer via email.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on October 2, 2014,
pursuant to Section 10(d) of the Federal
Advisory Committee Act, as amended,
that the portion of the meeting dealing
with matters the of which would be
likely to frustrate significantly
implementation of a proposed agency
action as described in 5 U.S.C.
552b(c)(9)(B) shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. app. 2 §§ 10(a)1 and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, call Yvette
Springer at (202) 482–2813.
Fmt 4703
Sfmt 4703
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
President’s Export Council
Subcommittee on Export
Administration; Notice of Open
Meeting
The President’s Export Council
Subcommittee on Export
Administration (PECSEA) will meet on
December 10, 2014, 10:00 a.m., at the
U.S. Department of Commerce, Herbert
C. Hoover Building, Room 4830, 14th
Street between Pennsylvania and
Constitution Avenues NW., Washington,
DC. The PECSEA provides advice on
E:\FR\FM\25NON1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Notices]
[Pages 70161-70162]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27882]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Diocenyr Ribamar Barbosa-Santos, 3928 Shiver
Road, Fort Worth, TX 76244-8692; Order Denying Export Privileges
On October 3, 2013, in the U.S. District Court for the Southern
District of Florida, Diocenyr Ribamar Barbosa-Santos (``Barbosa-
Santos'') was convicted of violating the International Emergency
Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010))
(``IEEPA''). Specifically, Barbosa-Santos knowingly and willfully
engaged in a transaction involving the attempted export, sale,
brokering and financing of an A-300 Airbus aircraft from China to Iran,
in violation, inter alia, of IEEPA. Barbosa-Santos was sentenced to 24
months in prison, three years of supervised release, 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 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 (2014). 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 7, 2014 (79 FR 46959 (August 11, 2014)), has
continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
IV 2010)).
---------------------------------------------------------------------------
BIS has received notice of Barbosa-Santos's conviction for
violating the IEEPA, and in accordance with Section 766.25 of the
Regulations, BIS has provided notice and an opportunity for Barbosa-
Santos to make a written submission to BIS. BIS has not received a
submission from Barbosa-Santos.
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 Barbosa-Santos's export privileges under the
Regulations for a period of five (5) years from the date of Barbosa-
Santos's conviction. I have also decided to revoke all licenses issued
pursuant to the Act or Regulations in which Barbosa-Santos had an
interest at the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until October 3, 2018, Diocenyr
Ribamar Barbosa-Santos, with a last known address of 3928 Shiver Road,
Fort Worth, TX 76244-8692, and when acting for or on his behalf, his
successors, assigns, employees, agents or representatives (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.
Second, 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.
Third, 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 Barbosa-Santos by ownership,
control, position of responsibility, affiliation, or other connection
in the conduct of trade or business may also be made subject to the
provisions of this Order in order to prevent evasion of this Order.
Fourth, in accordance with Part 756 of the Regulations, Barbosa-
Santos 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.
Fifth, a copy of this Order shall be delivered to the Barbosa-
Santos. This
[[Page 70162]]
Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until October 3, 2018.
Issued this 18th day of November, 2014.
Karen H. Nies-Vogel,
Acting Director, Office of Exporter Services.
[FR Doc. 2014-27882 Filed 11-24-14; 8:45 am]
BILLING CODE P
