In the Matter of: Tayabi Fazal Hussain, Lathifa Tower, Apt #1107, Al Nahda 1, Dubai, UAE, 46479-46480 [2017-21476]

Download as PDF 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 http:// 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 http:// 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]


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 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 http://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