In the Matter of: Hunter Perry, 173 Red Hawk Drive, Vine Grove, KY 40175; Order Denying Export Privileges, 61537-61538 [2017-28005]
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sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices
Gonzalez’s export privileges under the
Regulations for a period of 10 years from
the date of Esequiel-Gonzalez’s
conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which
Esequiel-Gonzalez had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
August 30, 2026, Joseph EsequielGonzalez, with a last known address of
Inmate Number 04655–479, FCI Bastrop
Federal Correctional Institution, P.O.
Box 1010, Bastrop, TX 78602, 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;
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18:14 Dec 27, 2017
Jkt 244001
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 EsequielGonzalez 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, Esequiel-Gonzalez 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 Esequiel-Gonzalez and
shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until August 30, 2026.
Issued this 19th day of December 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017–28006 Filed 12–27–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Hunter Perry, 173 Red
Hawk Drive, Vine Grove, KY 40175;
Order Denying Export Privileges
On July 20, 2016, in the U.S. District
Court for the Western District of
Kentucky, Hunter Perry (‘‘Perry’’) was
convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C.
2778 (2012)) (‘‘AECA’’). Specifically,
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
61537
Perry was convicted of knowingly and
willfully exporting or causing to be
exported from the United States to the
United Kingdom defense articles on the
United States Munitions List, without
the required U.S. Department of State
licenses, including, inter alia, a D–760
night vision scope, a PAS–13 thermal
scope, a PAS–23 mini-thermal scope,
and a PVS–15 night vision binocular.
Perry was sentenced to one day in
prison, one year of supervised release,
and a special assessment of $500.
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 the Regulations in
which the person had an interest at the
time of his/her conviction.
BIS has received notice of Perry’s
conviction for violating Section 38 of
the AECA, and has provided notice and
an opportunity for Perry to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Perry.
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
61538
Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices
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 Perry’s export
privileges under the Regulations for a
period of five years from the date of
Perry’s conviction. I have also decided
to revoke all licenses issued pursuant to
the Act or Regulations in which Perry
had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
July 20, 2021, Hunter Perry, with a last
known address of 173 Red Hawk Drive,
Vine Grove, KY 40175, 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
VerDate Sep<11>2014
18:14 Dec 27, 2017
Jkt 244001
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 Perry 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, Perry 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 Perry and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until July 20, 2021.
Issued this 19th day of December 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017–28005 Filed 12–27–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Gerardo TrevinoMoncivais, Inmate Number: 13375–479,
D. Ray James Correctional Institution,
P.O. Box 2000, Folkston, GA 31537;
Order Denying Export Privileges
On October 18, 2016, in the U.S.
District Court for the Southern District
of Texas, Gerardo Trevino-Moncivais
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
(‘‘Trevino-Moncivais’’) was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2012))
(‘‘AECA’’). Specifically, TrevinoMoncivais was convicted of knowingly
and willfully aiding and abetting the
export, attempting to export, and
causing to be exported from the United
States to Mexico defense articles
designated on the United States
Munitions List, namely two .22 caliber
rifles, a .223 caliber rifle, three .270
caliber rifles, a .308 caliber rifle, a
7MM–08 caliber rifle, three .22 caliber
pistols, a .380 caliber pistol and
approximately 1,570 rounds of
ammunition of various calibers, without
the required U.S. Department of State
licenses. Trevino-Moncivais was
sentenced to 36 months in prison 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 the Regulations 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
]]>Agencies
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61537-61538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28005]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Hunter Perry, 173 Red Hawk Drive, Vine Grove,
KY 40175; Order Denying Export Privileges
On July 20, 2016, in the U.S. District Court for the Western
District of Kentucky, Hunter Perry (``Perry'') was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2012)) (``AECA''). Specifically, Perry was convicted of knowingly and
willfully exporting or causing to be exported from the United States to
the United Kingdom defense articles on the United States Munitions
List, without the required U.S. Department of State licenses,
including, inter alia, a D-760 night vision scope, a PAS-13 thermal
scope, a PAS-23 mini-thermal scope, and a PVS-15 night vision
binocular. Perry was sentenced to one day in prison, one year of
supervised release, and a special assessment of $500.
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 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 Perry's conviction for violating Section
38 of the AECA, and has provided notice and an opportunity for Perry to
make a written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has not received a submission from Perry.
[[Page 61538]]
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 Perry's export privileges under the Regulations
for a period of five years from the date of Perry's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Perry had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until July 20, 2021, Hunter
Perry, with a last known address of 173 Red Hawk Drive, Vine Grove, KY
40175, 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 Perry 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, Perry 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 Perry and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until July 20, 2021.
Issued this 19th day of December 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-28005 Filed 12-27-17; 8:45 am]
BILLING CODE P
