Order Denying Export Privileges, 12563-12564 [2018-05830]

Download as PDF Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer. [FR Doc. 2018–05871 Filed 3–21–18; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–19–2018] daltland on DSKBBV9HB2PROD with NOTICES Foreign-Trade Zone 283—Western Tennessee Area; Application for Reorganization, (Expansion of Service Area) Under Alternative Site Framework An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Northwest Tennessee Regional Port Authority, grantee of Foreign-Trade Zone 283, requesting authority to reorganize the zone to expand its service area under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR 400.2(c)). The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new subzones or ‘‘usage-driven’’ FTZ sites for operators/ users located within a grantee’s ‘‘service area’’ in the context of the FTZ Board’s standard 2,000-acre activation limit for a zone. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the FTZ Board (15 CFR part 400). It was formally docketed on March 19, 2018. FTZ 283 was approved under the ASF by the FTZ Board on October 11, 2012 (Board Order 1851, 77 FR 64463–64464, October 22, 2012), and the service area was expanded on March 1, 2017 (Board Order 2030, 82 FR 13578, March 14, 2017). The zone currently has a service area that includes the Counties of Dyer, Gibson, Haywood, Lake, Lauderdale, Madison, Obion, Tipton, Fayette, Hardeman and McNairy, Tennessee. The applicant is now requesting authority to expand the service area of the zone to include Crockett County as well as portions of Weakley, Henry, Carroll and Henderson Counties, as described in the application. If VerDate Sep<11>2014 19:32 Mar 21, 2018 Jkt 244001 approved, the grantee would be able to serve sites throughout the expanded service area based on companies’ needs for FTZ designation. The application indicates that the proposed expanded service area is adjacent to the Memphis Customs and Border Protection Port of Entry. In accordance with the FTZ Board’s regulations, Kathleen Boyce of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is May 21, 2018. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to June 5, 2018. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Kathleen Boyce at Kathleen.Boyce@trade.gov or (202) 482– 1346. Dated: March 19, 2018. Andrew McGilvray, Executive Secretary. [FR Doc. 2018–05835 Filed 3–21–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: Volodymyr Nedoviz, Hudson County Correctional Facility, 30–35 Hackensack Avenue, Kearney, NJ 07032, and with a prior known address at: Pekarskaya Street, Building 37, Apt. 10, Lvov, Ukraine 79000 On January 11, 2018, in the U.S. District Court for the Eastern District of New York, Volodymyr Nedoviz (‘‘Nedoviz’’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Specifically, Nedoviz was convicted of knowingly, intentionally and willfully exporting and attempting to export from the United States to Ukraine night vision and thermal imaging equipment designated as defense articles on the PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 12563 United States Munitions List, namely an Armasight Zeus-Pro 640 2–16x50 (60Hz) Thermal Imaging sighting instrument, without the required U.S. Department of State license. Nedoviz was sentenced to time served, two years of supervised release, a criminal forfeiture of $2,500, 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 Export Administration Act (‘‘EAA’’ or ‘‘the Act’’), 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 Act or the Regulations in which the person had an interest at the time of his/ her conviction. BIS has received notice of Nedoviz’s conviction for violating Section 38 of the AECA, and has provided notice and an opportunity for Nedoviz to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Nedoviz. 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 Nedoviz’s export 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\22MRN1.SGM 22MRN1 daltland on DSKBBV9HB2PROD with NOTICES 12564 Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices privileges under the Regulations for a period of 10 years from the date of Nedoviz’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Nedoviz had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until January 11, 2028, Volodymyr Nedoviz, currently with an address at Hudson County Correctional Facility, 30–35 Hackensack Avenue, Kearny, NJ 07032, and with a prior known address of Pekarskaya Street, Building 37, Apt. 10, Lvov, Ukraine 79000, 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; VerDate Sep<11>2014 19:32 Mar 21, 2018 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 Nedoviz 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, Nedoviz 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 Nedoviz and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until January 11, 2028. Issued this 16th day of March 2018. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2018–05830 Filed 3–21–18; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Coastal Zone Management Program Administration National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, and to solicit public comment on the revised and updated CZMA Section 306A Guidance. DATES: Written comments must be submitted on or before May 21, 2018. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW, Washington, DC 20230 (or via the internet at pracomments@doc.gov FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Patmarie S. Nedelka, (240) 533–0725, or patmarie.nedelka@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract This request is for revision and extension of a currently approved information collection and to solicit public comment on the revised and updated CZMA Section 306A Guidance. In 1972, in response to intense pressure on United States (U.S) coastal resources, and because of the importance of U.S. coastal areas, the U.S. Congress passed the Coastal Zone Management Act of 1972 (CZMA), 16 U.S.C. 1451 et. seq. The CZMA authorized a federal program to encourage coastal states and territories to develop comprehensive coastal management programs. The CZMA has been reauthorized on several occasions, most recently with the enactment of the Coastal Zone Protection Act of 1996. (CZMA as amended). The program is administered by the Secretary of Commerce, who in turn has delegated this responsibility to the National Oceanic and Atmospheric Administration’s (NOAA) National Ocean Services (NOS). The coastal zone management grants provide funds to states and territories to: Implement federally-approved coastal management programs; complete information for the Coastal Zone Management Program (CZMP) Performance Management System; develop multi-year program assessments and strategies to enhance their programs within priority areas under Section 309 of the CZMA; submit documentation as described in the CZMA Section 306A on the approved coastal zone management E:\FR\FM\22MRN1.SGM 22MRN1

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[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Notices]
[Pages 12563-12564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05830]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Volodymyr Nedoviz, Hudson County Correctional 
Facility, 30-35 Hackensack Avenue, Kearney, NJ 07032, and with a 
prior known address at: Pekarskaya Street, Building 37, Apt. 10, 
Lvov, Ukraine 79000

    On January 11, 2018, in the U.S. District Court for the Eastern 
District of New York, Volodymyr Nedoviz (``Nedoviz'') was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Specifically, Nedoviz was convicted of knowingly, 
intentionally and willfully exporting and attempting to export from the 
United States to Ukraine night vision and thermal imaging equipment 
designated as defense articles on the United States Munitions List, 
namely an Armasight Zeus-Pro 640 2-16x50 (60Hz) Thermal Imaging 
sighting instrument, without the required U.S. Department of State 
license. Nedoviz was sentenced to time served, two years of supervised 
release, a criminal forfeiture of $2,500, 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 
Export Administration Act (``EAA'' or ``the Act''), 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 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 Nedoviz's conviction for violating 
Section 38 of the AECA, and has provided notice and an opportunity for 
Nedoviz to make a written submission to BIS, as provided in Section 
766.25 of the Regulations. BIS has not received a submission from 
Nedoviz.
    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 Nedoviz's export

[[Page 12564]]

privileges under the Regulations for a period of 10 years from the date 
of Nedoviz's conviction. I have also decided to revoke all licenses 
issued pursuant to the Act or Regulations in which Nedoviz had an 
interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until January 11, 2028, 
Volodymyr Nedoviz, currently with an address at Hudson County 
Correctional Facility, 30-35 Hackensack Avenue, Kearny, NJ 07032, and 
with a prior known address of Pekarskaya Street, Building 37, Apt. 10, 
Lvov, Ukraine 79000, 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 Nedoviz 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, Nedoviz 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 Nedoviz and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until January 11, 2028.

    Issued this 16th day of March 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-05830 Filed 3-21-18; 8:45 am]
BILLING CODE P

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