Order Denying Export Privileges, 22576-22577 [2016-08919]
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22576
Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices
submission and consultations with BIS’s
Office of Export Enforcement, including
its Director, to name CheapShop4You as
a Related Person and make this Denial
Order applicable to CheapShop4You,
thereby denying its export privileges for
ten (10) years from the date of Pechner’s
conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which
CheapShop4You had an interest at the
time of Pechner’s conviction. The 10year denial period is scheduled to end
on July 17, 2024.
CheapShop4You, a company
associated with Pechner, is an online
personal shopping business, which
Pechner used to accept, process, and
export, both lawfully and unlawfully,
shipments to customers.
CheapShop4You is co-located at
Pechner’s residence, and Pechner is
listed as its registered agent with the
New Hampshire Secretary of State.
Therefore, CheapShop4You is related to
Pechner within the meaning of Section
766.23. BIS also has reason to believe
that CheapShop4You should be added
as a related person in order to prevent
evasion of this Denial Order.
Accordingly, it is hereby ordered:
First, from the date of this Order until
July 17, 2024, Paweena Pechner a/k/a
Paweena Montasood, with a last known
address of 399 Maplewood Avenue,
Portsmouth, NH 03801, and when acting
for or on her behalf, her successors,
assigns, employees, agents, or
representatives, and CheapShop4You
LLC, with a last known address of 399
Maplewood Avenue, Portsmouth, NH
03801, and when acting for or on its
behalf, its successors, assigns, directors,
officers, employees, agents, or
representatives (each as ‘‘Denied
Person’’ and collectively the ‘‘Denied
Persons’’) 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, or in any other activity
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
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17:54 Apr 15, 2016
Jkt 238001
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 a Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
a 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 a 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 a Denied Person of any
item subject to the Regulations that has
been exported from the United States;
D. Obtain from a 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 a Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by a 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, in addition to the Related
Person named above, after notice and
opportunity for comment as provided in
section 766.23 of the Regulations, any
other individual, firm, corporation, or
other association or organization or
other person related to a Denied Person
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 if necessary
to prevent evasion of this Order.
Fourth, in accordance with Part 756
and Section 766.25(g) of the
Regulations, Pechner may file an appeal
of the issuance of this Order against her
with the Under Secretary of Commerce
for Industry and Security. The appeal
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Fmt 4703
Sfmt 4703
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, in accordance with Part 756 and
Section 766.23(c) of the Regulations,
CheapShop4You may file an appeal of
its naming as a related person in this
Order with the Under Secretary of
Commerce for Industry and Security.
This 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.
Sixth, a copy of this Order shall be
provided to Pechner and
CheapShop4You. This Order shall be
published in the Federal Register.
Seventh, this Order is effectively
immediately and shall remain in effect
until July 17, 2024.
Issued this 11th day of April, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016–08920 Filed 4–15–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Alexandre Astakhov,
Register Number: 68614–066, USP
Lewisburg, U.S. Penitentiary, Federal Prison
Camp, P.O. Box 2000, Lewisburg, PA 17837.
On May 7, 2015, in the U.S. District
Court for the Eastern District of
Pennsylvania, Alexandre Astakhov
(‘‘Astakhov’’), was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2012))
(‘‘AECA’’). Specifically, Astakhov
knowingly and willfully attempted to
export from the United States to Russia,
and aided and abetted the attempted
export of, defense articles, that is two L–
3 CNVD–T thermal clip-on night vision
devices, which were designated as a
defense article 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. Astakhov
was sentenced to 39 months of
imprisonment, three years of supervised
release, 150 hours of community
service, a criminal fine of $2,500 and a
$200 assessment.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
‘‘Regulations’’) 1 provides, in pertinent
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2015). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. 4601–4623
(Supp. III 2015) (available at https://
E:\FR\FM\18APN1.SGM
18APN1
Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
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. 4610(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. 4610(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
her conviction.
BIS has received notice of Astakhov’s
conviction for violating the AECA, and
has provided notice and an opportunity
for Astakhov to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. BIS
has received a submission from
Astakhov.
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 Astakhov’s
export privileges under the Regulations
for a period of 10 years from the date of
Astakhov’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Astakhov had an interest at the
time of her conviction.
Accordingly, it is hereby ORDERED:
First, from the date of this Order until
May 7, 2025, Alexandre Astakhov, with
a last known address of Register
Number: 68614–066, USP Lewisburg,
U.S. Penitentiary, Federal Prison Camp,
P.O. Box 2000, Lewisburg, PA 17837,
and when acting for or on his behalf, his
successors, assigns, employees, agents
or representatives (the ‘‘Denied
uscode.house.gov)). Since August 21, 2001, the Act
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, 2015 (80 FR 48,233 (Aug.
11, 2015)), has continued the Regulations in effect
under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
IV 2010)).
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17:54 Apr 15, 2016
Jkt 238001
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,
PO 00000
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Fmt 4703
Sfmt 4703
22577
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 Astakhov 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, Astakhov 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 Astakhov. This Order
shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until May 7, 2025.
Issued this 11 day of April 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016–08919 Filed 4–15–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–009]
Calcium Hypochlorite From the
People’s Republic of China:
Rescission of Countervailing Duty
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is rescinding the
administrative review of the
countervailing duty order on calcium
hypochlorite from the People’s Republic
of China (‘‘PRC’’) for May 27, 2014
through December 31, 2015.
DATES: Effective: April 18, 2016.
FOR FURTHER INFORMATION CONTACT:
Katie Marksberry, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–7906.
SUPPLEMENTARY INFORMATION:
AGENCY:
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18APN1
]]>Agencies
[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)]
[Notices]
[Pages 22576-22577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08919]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Alexandre Astakhov, Register Number: 68614-
066, USP Lewisburg, U.S. Penitentiary, Federal Prison Camp, P.O. Box
2000, Lewisburg, PA 17837.
On May 7, 2015, in the U.S. District Court for the Eastern District
of Pennsylvania, Alexandre Astakhov (``Astakhov''), was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2012)) (``AECA''). Specifically, Astakhov knowingly and willfully
attempted to export from the United States to Russia, and aided and
abetted the attempted export of, defense articles, that is two L-3
CNVD-T thermal clip-on night vision devices, which were designated as a
defense article 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. Astakhov was sentenced to 39
months of imprisonment, three years of supervised release, 150 hours of
community service, a criminal fine of $2,500 and a $200 assessment.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent
[[Page 22577]]
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. 4610(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. 4610(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 her conviction.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2015). The Regulations
issued pursuant to the Export Administration Act (50 U.S.C. 4601-
4623 (Supp. III 2015) (available at https://uscode.house.gov)). Since
August 21, 2001, the Act 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, 2015 (80 FR 48,233
(Aug. 11, 2015)), 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 Astakhov's conviction for violating the
AECA, and has provided notice and an opportunity for Astakhov to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has received a submission from Astakhov.
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 Astakhov's export privileges under the Regulations
for a period of 10 years from the date of Astakhov's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Astakhov had an interest at the time of her
conviction.
Accordingly, it is hereby ORDERED:
First, from the date of this Order until May 7, 2025, Alexandre
Astakhov, with a last known address of Register Number: 68614-066, USP
Lewisburg, U.S. Penitentiary, Federal Prison Camp, P.O. Box 2000,
Lewisburg, PA 17837, 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 Astakhov 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, Astakhov
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 Astakhov.
This Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until May 7, 2025.
Issued this 11 day of April 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-08919 Filed 4-15-16; 8:45 am]
BILLING CODE P
