In the Matter of: Russell Henderson Marshall, Currently Incarcerated at: Inmate Number-96646-004, McCrae, Correctional Institution, P.O. Drawer 55030, McCrae Helena, GA 31055, and With an Address at: 14883 64th CT, North Loxahatchee, FL 33470; Order Denying Export Privileges., 69510-69511 [2016-24175]

Download as PDF 69510 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Notices All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the Sabine Ranger District. Please call ahead at 409–625– 1940 to facilitate entry into the building. FOR FURTHER INFORMATION CONTACT: Becky Nix, RAC Coordinator,by phone at 409–625–1940 or via email at bnix@fs.fed.us. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: The purpose of the meeting is to: 1. Approve minutes from August 18, 2016 meeting; and 2. Discuss, recommend, and approve new projects. The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by Friday, October 28, 2016, to be INFORMATION. scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time for oral comments must be sent to Becky Nix, RAC Coordinator, Sabine-Angelina Resource Advisory Committee, 5050 State Highway 21 E, Hemphill, Texas 75948; by email to bnix@fs.fed.us, or via facsimile to 409–625–1953. Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility or proceedings, please contact the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis. Dated: September 29, 2016. James T. Sowell, Proxy Designated Federal Officer, SabineAngelina RAC. [FR Doc. 2016–24190 Filed 10–5–16; 8:45 am] BILLING CODE 3411–15–P DEPARTMENT OF COMMERCE Economic Development Administration Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance Economic Development Administration, Department of Commerce. AGENCY: Notice and Opportunity for Public Comment. ACTION: 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. 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 [9/24/2016 through 9/30/2016] Firm name Firm address Northern Crescent Iron, Inc ..... 16 Kay Road, Flat Rock, NC 28731. 6321 Monarch Park Place, Niwot, CO 80503. 26 Exchange Street Portland, ME 4101. sradovich on DSK3GMQ082PROD with NOTICES Dynamic Design and Manufacturing, Inc. Lovell Designs, Inc .................. 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 VerDate Sep<11>2014 18:46 Oct 05, 2016 Jkt 241001 Date accepted for investigation 9/28/2016 9/29/2016 9/29/2016 Product(s) The firm produces knives, bottle openers, cabinet & door hardware and custom ironwork. The firm manufactures metal mountings, fittings, and similar components for use in a wide range of industries. The firm manufactures cast jewelry and ornaments. these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Miriam Kearse, Lead Program Analyst. [FR Doc. 2016–24151 Filed 10–5–16; 8:45 am] BILLING CODE 3510–WH–P PO 00000 DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Russell Henderson Marshall, Currently Incarcerated at: Inmate Number—96646–004, McCrae, Correctional Institution, P.O. Drawer 55030, McCrae Helena, GA 31055, and With an Address at: 14883 64th CT, North Loxahatchee, FL 33470; Order Denying Export Privileges. On April 24, 2015, in the U.S. District Court for the Southern District of Florida, Russell Henderson Marshall (‘‘Marshall’’) was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2012)) (‘‘IEEPA’’). Specifically, Marshall was convicted of violating IEEPA and a U.S. Department of Commerce denial order by engaging in Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Notices sradovich on DSK3GMQ082PROD with NOTICES negotiations concerning selling, delivering, or otherwise servicing transactions involving items exported from the United States and subject to the Regulations, to wit: Three temperature transmitters used on F–16 fighter jets to Thailand, and a saddle part for the J–69 engine used on 737 military trainer aircraft to Pakistan. Marshall was sentenced to 41 months of imprisonment, two years of supervised release, a $200 assessment and ordered to surrender to U.S. Immigration and Customs Enforcement for removal from the United States upon completion of incarceration. 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. 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 his conviction. BIS has received notice of Marshall’s conviction for violating IEEPA, and in accordance with Section 766.25 of the Regulations, BIS has provided notice and an opportunity for Marshall to make a written submission to BIS. BIS has not received a submission from Marshall. Based upon my review and consultations with BIS’s Office of Export Enforcement, including its Director, and the facts available to BIS, 1 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 4, 2016 (81 FR 52,587 (Aug. 8, 2016)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2012)). VerDate Sep<11>2014 18:46 Oct 05, 2016 Jkt 241001 I have decided to deny Marshall’s export privileges under the Regulations for a period of 10 years from the date of Marshall’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Marshall had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until April 24, 2025, Russell Henderson Marshall, currently incarcerated at: Inmate Number—96646–004, McCrae, Correctional Institution, P.O. Drawer 55030, McCrae Helena, GA 31055, and with a last known address of 14883 64th CT, North Loxahatchee, FL 33470, 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 PO 00000 Frm 00003 Fmt 4703 Sfmt 9990 69511 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 Marshall 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, Marshall 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 Marshall. This Order shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until April 24, 2025. Dated: September 30, 2016. Thomas Ankrukonis, Acting Director, Office of Exporter Services. [FR Doc. 2016–24175 Filed 10–5–16; 8:45 am] BILLING CODE P E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Notices]
[Pages 69510-69511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24175]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 In the Matter of: Russell Henderson Marshall, Currently 
Incarcerated at: Inmate Number--96646-004, McCrae, Correctional 
Institution, P.O. Drawer 55030, McCrae Helena, GA 31055, and With an 
Address at: 14883 64th CT, North Loxahatchee, FL 33470; Order Denying 
Export Privileges.

    On April 24, 2015, in the U.S. District Court for the Southern 
District of Florida, Russell Henderson Marshall (``Marshall'') was 
convicted of violating the International Emergency Economic Powers Act 
(50 U.S.C. 1701, et seq. (2012)) (``IEEPA''). Specifically, Marshall 
was convicted of violating IEEPA and a U.S. Department of Commerce 
denial order by engaging in

[[Page 69511]]

negotiations concerning selling, delivering, or otherwise servicing 
transactions involving items exported from the United States and 
subject to the Regulations, to wit: Three temperature transmitters used 
on F-16 fighter jets to Thailand, and a saddle part for the J-69 engine 
used on 737 military trainer aircraft to Pakistan. Marshall was 
sentenced to 41 months of imprisonment, two years of supervised 
release, a $200 assessment and ordered to surrender to U.S. Immigration 
and Customs Enforcement for removal from the United States upon 
completion of incarceration.
    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. 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 
his conviction.
---------------------------------------------------------------------------

    \1\ 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 4, 2016 (81 FR 52,587 (Aug. 8, 2016)), has continued the 
Regulations in effect under the International Emergency Economic 
Powers Act (50 U.S.C. 1701, et seq. (2012)).
---------------------------------------------------------------------------

    BIS has received notice of Marshall's conviction for violating 
IEEPA, and in accordance with Section 766.25 of the Regulations, BIS 
has provided notice and an opportunity for Marshall to make a written 
submission to BIS. BIS has not received a submission from Marshall.
    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 Marshall's export privileges under the Regulations 
for a period of 10 years from the date of Marshall's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Marshall had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until April 24, 2025, Russell 
Henderson Marshall, currently incarcerated at: Inmate Number--96646-
004, McCrae, Correctional Institution, P.O. Drawer 55030, McCrae 
Helena, GA 31055, and with a last known address of 14883 64th CT, North 
Loxahatchee, FL 33470, 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 Marshall 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, Marshall 
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 Marshall. 
This Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until April 24, 2025.

    Dated: September 30, 2016.
Thomas Ankrukonis,
Acting Director, Office of Exporter Services.
[FR Doc. 2016-24175 Filed 10-5-16; 8:45 am]
 BILLING CODE P
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