In the Matter of: Papa Faal, 6308 Decatur Avenue North, Brooklyn Park, MN 55428; Order Denying Export Privileges, 61539-61540 [2017-28004]
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sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices
which the person had an interest at the
time of his/her conviction.
BIS has received notice of TrevinoMoncivais’s conviction for violating
Section 38 of the AECA, and has
provided notice and an opportunity for
Trevino-Moncivais to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. BIS
has not received a submission from
Trevino-Moncivais.
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 TrevinoMoncivais’s export privileges under the
Regulations for a period of 10 years from
the date of Trevino-Moncivais’s
conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which
Trevino-Moncivais had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
October 18, 2026, Gerardo TrevinoMoncivais, with a last known address of
Inmate Number 13375–479, D. Ray
James Correctional Institution, P.O. Box
2000, Folkston, GA 31537, 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;
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18:14 Dec 27, 2017
Jkt 244001
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 TrevinoMoncivais 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, Trevino-Moncivais 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 Trevino-Moncivais and
shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until October 18, 2026.
PO 00000
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Fmt 4703
Sfmt 4703
61539
Issued this 19th day of December 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017–28003 Filed 12–27–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Papa Faal, 6308
Decatur Avenue North, Brooklyn Park,
MN 55428; Order Denying Export
Privileges
On May 12, 2016, in the U.S. District
Court for the District of Minnesota, Papa
Faal (‘‘Faal’’) was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Specifically, Faal was convicted of
knowingly and willfully conspiring to
export from the United States to Gambia
semi-automatic rifles designated as
defense articles on the United States
Munitions List, without the required
U.S. Department of State licenses. Faal
was sentenced to time served, three
years of supervised release, and a $200
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 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
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)).
E:\FR\FM\28DEN1.SGM
28DEN1
sradovich on DSK3GMQ082PROD with NOTICES
61540
Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / 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 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 Faal’s
conviction for violating Section 38 of
the AECA, and has provided notice and
an opportunity for Faal to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Faal.
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 Faal’s export
privileges under the Regulations for a
period of ten (10) years from the date of
Faal’s conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which Faal
had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
May 12, 2026, Papa Faal, with a last
known address of 6308 Decatur Avenue
North, Brooklyn Park, MN 55428, 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.
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18:14 Dec 27, 2017
Jkt 244001
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 Faal 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, Faal 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 Faal and shall be published
in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until May 12, 2026.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Issued this 19th day of December 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017–28004 Filed 12–27–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[17–BIS–0002]
In the Matter of: Saeid Yahya
Charkhian, Villa 5, Street 1, Arabian
Ranches, Dubai, United Arab Emirates,
and Caspian Industrial Machinery
Supply LLC, No. 2509 Churchill
Executive Tower, Business Bay, Dubai,
United Arab Emirates, Attention: Saeid
Yahya Charkhian; Respondents; Order
Relating to Saeid Yahya Charkhian and
Caspian Industrial Machinery Supply
LLC
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’),
has notified Saeid Yahya Charkhian, of
Dubai, United Arab Emirates
(‘‘Charkhian’’), and Caspian Industrial
Machinery Supply LLC of Dubai, United
Arab Emirates (‘‘Caspian’’) (collectively
the ‘‘Respondents’’), that it has initiated
an administrative proceeding against
Respondents pursuant to Section 766.3
of the Export Administration
Regulations (the ‘‘Regulations’’),1 and
Section 13(c) of the Export
Administration Act of 1979, as amended
(the ‘‘Act’’),2 through the issuance of a
Charging Letter to Respondents that
allege that Charkhian committed four (4)
violations of the Regulations and
Caspian committed three (3) violations
of the Regulations. Specifically, the
charges are:
As to both Charkhian and Caspian:
Charges 1–3 15 CFR 764.2(e)—Acting
With Knowledge
1. On at least three occasions between on
or about March 27, 2012, and on or about
October 5, 2013, Charkhian and Caspian
(collectively, the ‘‘Respondents’’) transferred,
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The violations alleged occurred in
2012–2013. The Regulations governing the
violations at issue are found in the 2012–2013
version of the Code of Federal Regulations, 15 CFR
parts 730–774 (2012–2013). The 2017 Regulations
govern the procedural aspects of this case.
2 50 U.S.C. 4601–4623 (Supp. III 2015). 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).
E:\FR\FM\28DEN1.SGM
28DEN1
]]>Agencies
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61539-61540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28004]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Papa Faal, 6308 Decatur Avenue North, Brooklyn
Park, MN 55428; Order Denying Export Privileges
On May 12, 2016, in the U.S. District Court for the District of
Minnesota, Papa Faal (``Faal'') was convicted of violating Section 38
of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA'').
Specifically, Faal was convicted of knowingly and willfully conspiring
to export from the United States to Gambia semi-automatic rifles
designated as defense articles on the United States Munitions List,
without the required U.S. Department of State licenses. Faal was
sentenced to time served, three years of supervised release, and a $200
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 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
[[Page 61540]]
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 Faal's conviction for violating Section
38 of the AECA, and has provided notice and an opportunity for Faal to
make a written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has not received a submission from Faal.
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 Faal's export privileges under the Regulations for
a period of ten (10) years from the date of Faal's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Faal had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until May 12, 2026, Papa Faal,
with a last known address of 6308 Decatur Avenue North, Brooklyn Park,
MN 55428, 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 Faal 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, Faal 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 Faal and shall be
published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until May 12, 2026.
Issued this 19th day of December 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-28004 Filed 12-27-17; 8:45 am]
BILLING CODE P
