In the Matter of: Tayabi Fazal Hussain, Lathifa Tower, Apt #1107, Al Nahda 1, Dubai, UAE, 46479-46480 [2017-21476]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices
Sixth, this Order is effective
immediately and shall remain in effect
until August 1, 2026.
Issued this 28th day of September, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017–21472 Filed 10–4–17; 8:45 am]
BILLING CODE –P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Tayabi Fazal Hussain,
Lathifa Tower, Apt #1107, Al Nahda 1,
Dubai, UAE
Order Denying Export Privileges
ethrower on DSK3G9T082PROD with NOTICES
On October 3, 2016, in the U.S.
District Court for the Northern District
of Illinois, Tayabi Fazal Hussain
(‘‘Hussain’’) was convicted of violating
the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq.
(2012)) (‘‘IEEPA’’). Specifically, Hussain
knowingly and willfully conspired to
export and caused the export of
numerous types of goods, including,
inter alia, optical and telescopic
equipment and several sets of gas
turbine mobile generators, from the
United States to Iran, without having
obtained the required U.S. Government
authorization. Hussain was sentenced to
15 months in prison, with credit for
time served, and a special assessment of
$100.
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 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
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)).
VerDate Sep<11>2014
19:52 Oct 04, 2017
Jkt 244001
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 pursuant to the
Regulations, in which the person had an
interest at the time of his/her
conviction.
BIS has received notice of Hussain’s
conviction for violating the IEEPA, and
has provided notice and an opportunity
for Hussain to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. BIS
has not received a submission from
Hussain.
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 Hussain’s export
privileges under the Regulations for a
period of 10 years from the date of
Hussain’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Hussain had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
October 3, 2026, Tayabi Fazal Hussain,
with a last known address of Lathifa
Tower, Apt # 1107, Al Nahda 1, Dubai,
UAE, 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
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
46479
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 Hussain 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, Hussain 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
E:\FR\FM\05OCN1.SGM
05OCN1
46480
Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices
provisions of Part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to the Hussain, and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until October 3, 2026.
Issued this 28th day of September, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017–21476 Filed 10–4–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Mark Henry (a/k/a
Weida Zheng, a/k/a Scott Russel, a/k/a
Bob Wilson, a/k/a Joanna Zhong),
Inmate Number: 75602–053, FCI
Schuylkill, Federal Correctional
Institution, Satellite Camp, P.O. Box
670, Minersville, PA 17954;
Respondent; Dahua Electronics
Corporation (a/k/a Bao An
Corporation), 134–12 59th Avenue,
Flushing, NY 11355, Related Person
Order Denying Privileges
ethrower on DSK3G9T082PROD with NOTICES
A. Denial of Export Privileges of Mark
Henry, a/k/a Weida Zheng, a/k/a Scott
Russel, a/k/a Bob Wilson, a/k/a Joanna
Zhong
On November 19, 2015, in the U.S.
District Court for the Eastern District of
New York, Mark Henry, a/k/a Weida
Zheng, a/k/a Scott Russel, a/k/a Bob
Wilson, a/k/a Joanna Zhong (‘‘Henry’’),
was convicted of violating Section 38 of
the Arms Export Control Act (22 U.S.C.
2778 (2012)) (‘‘AECA’’). Specifically,
Henry was convicted of willfully and
knowingly exporting, causing to be
exported, and attempting to export from
the United States to Taiwan defense
articles listed on the United States
Munitions List, specifically, ablative
materials for use, among other things, as
a protective coating for rocket nozzles,
without the required State Department
license. Henry was sentenced to 78
months in prison for violating Sections
38(b)(2) and (c) of the AECA, along with
three years of supervised release and a
$200 assessment.1
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
1 Henry also was convicted of a second count,
specifically, conspiracy in violation of 18 U.S.C.
Section 371. He was sentenced on this count to 60
months in prison and three years of supervision
release. His sentence on this count runs
concurrently with his sentence, disused in the text
above, for violating Section 38 of the AECA.
VerDate Sep<11>2014
19:52 Oct 04, 2017
Jkt 244001
‘‘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 EAA
[Export Administration Act of 1979], 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 ten (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
(‘‘BIS’’)’s Office of Exporter Services
may revoke any BIS licenses previously
issued pursuant to the EAA or the
Regulations in which the person had an
interest at the time of his/her
conviction.
BIS received notice of Henry’s
conviction for violating Section 38 of
the AECA, and has provided notice and
an opportunity for Henry to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Henry. 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 Henry’s export
privileges under the Regulations for a
period of ten (10) years from the date of
Henry’s conviction. I have also decided
to revoke all licenses issued pursuant to
the Act or Regulations in which Henry
had an interest at the time of his
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 of 1979 (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)).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
B. Denial of Export Privileges of Related
Person Dahua Electronics Corporation,
a/k/a Bao An Corporation
Section 766.25(h) of the Regulations
provides that the Director of BIS’s Office
of Exporter Services, in consultation
with the Director of BIS’s Office of
Export Enforcement, may take action in
accordance with Section 766.23 of the
Regulations to make applicable to
related persons a denial order that is
being sought or has issued under
Section 766.25. Section 766.23 provides,
in turn, that in order to prevent evasion
of a denial order issued pursuant to Part
766 of the Regulations, including
pursuant to Section 766.25, the denial
order made be made applicable not only
to the respondent, but also to other
persons related to the respondent by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business.
As provided in Section 766.23, BIS
gave notice to Dahua Electronics
Corporation a/k/a Bao An Corporation
(‘‘Dahua’’) that it intended to deny Mark
Henry’s export privileges pursuant to
Section 766.25 for a period of up to ten
(10) years from the date of his
conviction and intended to make that
denial order applicable to Dahua
pursuant to Sections 766.25 and
766.23.2 BIS also provided notice that it
has reason to believe that Dahua is
related to Henry as set forth in Section
766.23, that is, by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business, and reason to believe that
naming Dahua as a person related to
Henry would be necessary to prevent
evasion of a denial order imposed
against Henry. BIS gave Dahua an
opportunity to oppose its addition as a
related party by informing Dahua that it
could make a written submission
describing why Dahua is not related to
Henry or why a denial order against
Henry should not be applied to Dahua.
Having received no submission from
or on behalf of Dahua, I have decided,
following consultations with BIS’s
Office of Export Enforcement, including
its Director, to name Dahua as a Related
Person and make this Denial Order
applicable to Dahua, thereby denying its
export privileges for ten (10) years from
the date of Henry’s conviction, that is,
until November 19, 2025. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Dahua had an interest at the time
of Henry’s conviction.
2 BIS
E:\FR\FM\05OCN1.SGM
provided notice to Dahua via Henry.
05OCN1
]]>Agencies
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46479-46480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21476]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Tayabi Fazal Hussain, Lathifa Tower, Apt #1107,
Al Nahda 1, Dubai, UAE
Order Denying Export Privileges
On October 3, 2016, in the U.S. District Court for the Northern
District of Illinois, Tayabi Fazal Hussain (``Hussain'') was convicted
of violating the International Emergency Economic Powers Act (50 U.S.C.
1701, et seq. (2012)) (``IEEPA''). Specifically, Hussain knowingly and
willfully conspired to export and caused the export of numerous types
of goods, including, inter alia, optical and telescopic equipment and
several sets of gas turbine mobile generators, from the United States
to Iran, without having obtained the required U.S. Government
authorization. Hussain was sentenced to 15 months in prison, with
credit for time served, and a special assessment of $100.
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 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 pursuant to
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 Hussain's conviction for violating the
IEEPA, and has provided notice and an opportunity for Hussain to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has not received a submission from Hussain.
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 Hussain's export privileges under the Regulations
for a period of 10 years from the date of Hussain's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Hussain had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until October 3, 2026, Tayabi
Fazal Hussain, with a last known address of Lathifa Tower, Apt # 1107,
Al Nahda 1, Dubai, UAE, 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 Hussain 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, Hussain 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
[[Page 46480]]
provisions of Part 756 of the Regulations.
Fifth, a copy of this Order shall be delivered to the Hussain, and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until October 3, 2026.
Issued this 28th day of September, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-21476 Filed 10-4-17; 8:45 am]
BILLING CODE P
