Order Denying Export Privileges, 81733-81734 [2016-27776]
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Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices
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 Santana 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, Santana 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 Santana. This Order
shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until May 5, 2024.
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: Bureau of Industry and
Security.
Title: Foreign Availability Procedures.
Form Number(s): N/A.
OMB Control Number: 0694–0004.
Type of Request: Regular.
Burden Hours: 510.
Number of Respondents: 2.
Average Hours Per Response: 255.
Needs and Uses: This information is
collected in order to respond to requests
by Congress and industry to make
foreign availability determinations in
accordance with Section 768 of the
Export Administration Regulations.
Exporters are urged to voluntarily
submit data to support the contention
that items controlled for export for
national security reasons are availablein-fact, from a non-U.S. source, in
sufficient quantity and of comparable
quality so as to render the control
ineffective.
Affected Public: Businesses and other
for-profit institutions.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Jasmeet Seehra,
FAX number (202) 395–7285.
Copies of the above information
collection proposal can be obtained by
calling or writing Jennifer Jessup,
Departmental Paperwork Clearance
Officer, (202) 482–0266, Department of
Commerce, Room 7845, 14th and
Constitution Avenue NW., Washington,
DC 20230 (or via the Internet at
dHynek@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to Jasmeet Seehra, Office of
Management and Budget (OMB), by
email to jseehra@omb.eop.gov, or by fax
to (202) 395–7285.
Issued this 9th day of November, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
Sheleen Dumas,
PRA Departmental Lead, Office of the Chief
Information Officer.
[FR Doc. 2016–27784 Filed 11–17–16; 8:45 am]
[FR Doc. 2016–27823 Filed 11–17–16; 8:45 am]
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BILLING CODE 3510–33–P
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DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
Submission for OMB Review;
Comment Request
81733
Bureau of Industry and Security
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Order Denying Export Privileges
In the Matter of: Hassan Jamil Salame, Inmate
Number: 40903–039, FCI Elkton, Federal
Correctional Institution, P.O. Box 10,
Lisbon, OH 44432
On November 3, 2015, in the U.S.
District Court for the District of South
Carolina, Hassan Jamil Salame
(‘‘Salame’’), was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Specifically, Salame knowingly and
willfully attempted to export and
caused to be exported, defense articles,
that is, firearms and ammunition,
including a Ruger .44 Magnum revolver,
two Bushmaster .223 caliber rifles, a
Ruger .45 caliber pistol, a Glock .45
caliber pistol, and a Beretta 9mm pistol
from the United States to Lebanon,
without first having obtained a license
or written approval from the United
States Department of State. Salame was
sentenced to 45 months in prison, three
years of supervised release, and a $300
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. 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
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2016). 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 4, 2016 (81 FR 52587 (Aug. 8,
2016)), 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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mstockstill on DSK3G9T082PROD with NOTICES
81734
Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices
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 Salame’s
conviction for violating the AECA, and
has provided notice and an opportunity
for Salame to make a written submission
to BIS, as provided in Section 766.25 of
the Regulations. BIS has not received a
submission from Salame.
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 Salame’s export
privileges under the Regulations for a
period of 10 years from the date of
Salame’s conviction. I have also decided
to revoke all licenses issued pursuant to
the Act or Regulations in which Salame
had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
November 3, 2025, Hassan Jamil
Salame, with a last known address of
Inmate Number: 40903–039, FCI Elkton,
Federal Correctional Institution, P.O.
Box 10, Lisbon, OH 44432, 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:
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20:21 Nov 17, 2016
Jkt 241001
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 Salame 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, Salame 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 Salame. This Order
shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until November 3, 2025.
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Dated: November 9, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016–27776 Filed 11–17–16; 8:45 am]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Daniel Miranda-Mendoza,
Inmate Number: 73420–379, Great Plains,
Correctional Institution, P.O. Box 400,
Hinton, OK 73047
On August 25, 2015, in the U.S.
District Court for the Southern District
of Texas, Daniel Miranda-Mendoza
(‘‘Miranda-Mendoza’’), was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2012))
(‘‘AECA’’). Specifically, MirandaMendoza intentionally and knowingly
conspired to knowingly and willfully
export, attempt to export, and caused to
be exported from the United States to
Mexico, a defense article, that is, to wit:
Approximately one Kel-Tec pistol,
Model PMR–30, .22 caliber, one
Remington rifle, Model 7400, .30–06
caliber, and one Browning rifle, Model
X-bolt, .270 caliber, 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. Miranda-Mendoza was
sentenced to 37 months in prison 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
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2016). 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 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. (2006 & Supp.
IV 2010)).
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]]>Agencies
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81733-81734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27776]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Hassan Jamil Salame, Inmate Number: 40903-039, FCI
Elkton, Federal Correctional Institution, P.O. Box 10, Lisbon, OH
44432
On November 3, 2015, in the U.S. District Court for the District of
South Carolina, Hassan Jamil Salame (``Salame''), was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2012)) (``AECA''). Specifically, Salame knowingly and willfully
attempted to export and caused to be exported, defense articles, that
is, firearms and ammunition, including a Ruger .44 Magnum revolver, two
Bushmaster .223 caliber rifles, a Ruger .45 caliber pistol, a Glock .45
caliber pistol, and a Beretta 9mm pistol from the United States to
Lebanon, without first having obtained a license or written approval
from the United States Department of State. Salame was sentenced to 45
months in prison, three years of supervised release, and a $300
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. 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
[[Page 81734]]
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 (2016). 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 4, 2016 (81 FR 52587
(Aug. 8, 2016)), 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 Salame's conviction for violating the
AECA, and has provided notice and an opportunity for Salame to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has not received a submission from Salame.
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 Salame's export privileges under the Regulations
for a period of 10 years from the date of Salame's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Salame had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until November 3, 2025, Hassan
Jamil Salame, with a last known address of Inmate Number: 40903-039,
FCI Elkton, Federal Correctional Institution, P.O. Box 10, Lisbon, OH
44432, 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 Salame 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, Salame 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 Salame. This
Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until November 3, 2025.
Dated: November 9, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-27776 Filed 11-17-16; 8:45 am]
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