In the Matter of: Robert J. Shubert, Sr., Currently Incarcerated at: Inmate Number: 96749-020, FCI Coleman Low, P.O. Box 1031, Coleman, FL 33521; and With a Prior Known Address at: 417 Hedlund Drive, Warner Robbins, GA 31088, 46481-46482 [2017-21473]

Download as PDF ethrower on DSK3G9T082PROD with NOTICES Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices Dahua was incorporated in New York State, and remains listed there as an active corporation. Henry, a naturalized U.S. citizen born in China, operated Dahua out of his residence in Flushing, New York, and is believed to own Dahua. He used Dahua to purchase various items from companies located in the United States, including tools, machine parts, materials used in machinery, and industrial chemicals, for export to end users or customers located in Asia, including China and Taiwan. Operating through Dahua, Henry received requests for products from customers located overseas and solicited orders for those products from suppliers and manufacturers located in the United States, including in connection with the violation of the AECA for which he was convicted. Thus, I find that Dahua is related to Henry within the meaning of Section 766.23, and that Dahua should be added as a related person to prevent evasion of this order. Accordingly, it is hereby ordered: First, from the date of this Order until November 19, 2025, Mark Henry, a/k/a Weida Zheng, a/k/a Scott Russel, a/k/a Bob Wilson, a/k/a Joanna Zhong, with a last known address of FCI Schuylkill, Federal Correctional Institution, Satellite Camp, P.O. Box 670, Minersville, PA 17954, and when acting for or on his behalf, his successors, assigns, employees, agents, or representatives, and Dahua Electronics Corporation, a/k/a Bao An Corporation, with a last known address of 134–12 59th Avenue, Flushing, NY 11355, and when acting for or on its behalf, its successors, assigns, directors, officers, employees, agents, or representatives (each ‘‘a 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 engaging in any other activity subject to the Regulations; or VerDate Sep<11>2014 19:52 Oct 04, 2017 Jkt 244001 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 from 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, Henry may file an appeal of the issuance of this Order against him 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 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 46481 with the provisions of Part 756 of the Regulations. Fifth, in accordance with Part 756 and Section 766.23(c) of the Regulations, Dahua may file an appeal of its being named as a related person in this Order with the Under Secretary of Commerce for Industry and Security.3 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 delivered to Henry and Dahua and shall be published in the Federal Register. Seventh, this Order is effective immediately and shall remain in effect until November 19, 2025. Issued this 28th day of September, 2017. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2017–21475 Filed 10–4–17; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Robert J. Shubert, Sr., Currently Incarcerated at: Inmate Number: 96749–020, FCI Coleman Low, P.O. Box 1031, Coleman, FL 33521; and With a Prior Known Address at: 417 Hedlund Drive, Warner Robbins, GA 31088 Order Denying Export Privileges On October 15, 2014, in the U.S. District Court, Middle District of Georgia, Robert J. Shubert, Sr. (‘‘Shubert’’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Specifically, Shubert was convicted of knowingly and willfully exporting, from the United States to Japan, Dual Sensor Night Vision Goggles designated as defense articles on the United States Munitions List, without the required U.S. Department of State licenses. Shubert was sentenced to 78 months in prison, 36 months of supervised release, a $15,000 fine, and a $300 assessment. Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or ‘‘Regulations’’) 1 provides, in pertinent 3 As set forth in Section 766.23(c), the only issues that may be raised in such an appeal are whether the person so named is related to the respondent and whether the order is justified in order to prevent evasion. Thus, Dahua may not appeal the issuance of the denial order against Henry. 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2017). The Regulations issued pursuant to the Export Administration Act (50 U.S.C. 4601–4623 (Supp. III 2015) (available at https:// uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since E:\FR\FM\05OCN1.SGM Continued 05OCN1 46482 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices ethrower on DSK3G9T082PROD 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 EAA [Export Administration Act], 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 pursuant to the Export Administration Act (‘‘EAA’’ or ‘‘the Act’’) or the Regulations in which the person had an interest at the time of his/her conviction. BIS has received notice of Shubert’s conviction for violating Section 38 of the AECA, and has provided notice and an opportunity for Shubert to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Shubert. 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 Shubert’s export privileges under the Regulations for a period of ten (10) years from the date of Shubert’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Shubert had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until October 15, 2024, Robert J. Shubert, Sr., currently incarcerated at Inmate Number: 96749–020, FCI Coleman Low, P.O. Box 1031, Coleman, FL 33521, and with a prior known address of 417 Hedlund Drive, Warner Robbins, GA 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 15, 2017 (82 FR 39005 (Aug. 16, 2017)), 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 19:52 Oct 04, 2017 Jkt 244001 31088, 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 engaging 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 from 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 Shubert 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, Shubert 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 Shubert and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until October 15, 2024. Issued this 28th day of September, 2017. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2017–21473 Filed 10–4–17; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Bureau of Industry And Security Order Denying Export Privileges In the Matter of: John Francis Stribling, Inmate Number: 87652–083, FCI Loretto, P.O. Box 1000, Loretto, PA 15940. On July 6, 2016, in the U.S. District Court, Eastern District of Virginia, John Francis Stribling (‘‘Stribling’’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Specifically, Stribling was convicted of knowingly and willfully exporting from the United States to Indonesia, two pistols and two rifles designated as defense articles on the United States Munitions List, without the required U.S. Department of State licenses. Stribling was sentenced to two years in prison, three years of supervised release, and a $100 assessment. Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46481-46482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21473]


-----------------------------------------------------------------------

 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Robert J. Shubert, Sr., Currently Incarcerated 
at: Inmate Number: 96749-020, FCI Coleman Low, P.O. Box 1031, Coleman, 
FL 33521; and With a Prior Known Address at: 417 Hedlund Drive, Warner 
Robbins, GA 31088

Order Denying Export Privileges

    On October 15, 2014, in the U.S. District Court, Middle District of 
Georgia, Robert J. Shubert, Sr. (``Shubert'') was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Specifically, Shubert was convicted of knowingly 
and willfully exporting, from the United States to Japan, Dual Sensor 
Night Vision Goggles designated as defense articles on the United 
States Munitions List, without the required U.S. Department of State 
licenses. Shubert was sentenced to 78 months in prison, 36 months of 
supervised release, a $15,000 fine, and a $300 assessment.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent

[[Page 46482]]

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 EAA [Export Administration Act], 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 pursuant to the Export Administration Act 
(``EAA'' or ``the Act'') or the Regulations in which the person had an 
interest at the time of his/her conviction.
---------------------------------------------------------------------------

    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2017). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. 4601-
4623 (Supp. III 2015) (available at https://uscode.house.gov)) 
(``EAA'' or ``the Act''). 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 15, 2017 (82 FR 39005 (Aug. 16, 2017)), 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 Shubert's conviction for violating 
Section 38 of the AECA, and has provided notice and an opportunity for 
Shubert to make a written submission to BIS, as provided in Section 
766.25 of the Regulations. BIS has not received a submission from 
Shubert.
    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 Shubert's export privileges under the Regulations 
for a period of ten (10) years from the date of Shubert's conviction. I 
have also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Shubert had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until October 15, 2024, Robert 
J. Shubert, Sr., currently incarcerated at Inmate Number: 96749-020, 
FCI Coleman Low, P.O. Box 1031, Coleman, FL 33521, and with a prior 
known address of 417 Hedlund Drive, Warner Robbins, GA 31088, 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 engaging 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 from 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 Shubert 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, Shubert 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 Shubert and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until October 15, 2024.

     Issued this 28th day of September, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-21473 Filed 10-4-17; 8:45 am]
 BILLING CODE P

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