In the Matter of: Peter Steve Plesinger, Inmate Number: 28514-408, FCI Terminal Island, P.O. Box 3007, San Pedro, CA 90733, 16287-16288 [2018-07804]
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srobinson on DSK3G9T082PROD with NOTICES
Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices
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 Smith’s
conviction for violating Section 38 of
the AECA, and has provided notice and
an opportunity for Smith to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Smith.
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 Smith’s export
privileges under the Regulations for a
period of 10 years from the date of
Smith’s conviction. I have also decided
to revoke all licenses issued pursuant to
the Act or Regulations in which Smith
had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
April 13, 2027, Stephen Edward Smith,
with a last known address of Inmate
Number: 30819–408, FCI LA Tuna, P.O.
Box 3000, Anthony, NM 88021, 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:
VerDate Sep<11>2014
19:42 Apr 13, 2018
Jkt 244001
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 Smith by
ownership, control, position of
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Frm 00003
Fmt 4703
Sfmt 4703
16287
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, Smith 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 Smith and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until April 13, 2027.
Issued this 6th day of April, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018–07802 Filed 4–13–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Peter Steve Plesinger,
Inmate Number: 28514–408, FCI
Terminal Island, P.O. Box 3007, San
Pedro, CA 90733
Order Denying Export Privileges
On April 26, 2017, in the U.S. District
Court for the District of Arizona, Peter
Steve Plesinger (‘‘Plesinger’’) was
convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C.
2778 (2012)) (‘‘AECA’’), among other
crimes. Specifically, Plesinger was
convicted of knowingly and willfully
exporting and causing to be exported
from the United States to Hong Kong
two Ruger SR22 semi-automatic pistols,
two silencers, and 1000 rounds of
ammunition, which are items
designated as defense articles on the
United States Munitions List, without
the required U.S. Department of State
licenses. Plesinger was sentenced to 87
months in prison, with credit for time
served, three years of supervised release
and a $300 special assessment, and
ordered to forfeit $64,500 to the United
States.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
‘‘Regulations’’) 1 provides, in pertinent
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
E:\FR\FM\16APN1.SGM
Continued
16APN1
16288
Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices
srobinson on DSK3G9T082PROD with NOTICES
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 Plesinger’s
conviction for violating Section 38 of
the AECA, and has provided notice and
an opportunity for Plesinger to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Plesinger.
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 Plesinger’s
export privileges under the Regulations
for a period of 10 years from the date of
Plesinger’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Plesinger had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
April 26, 2027, Peter Steve Plesinger,
with a last known address of Inmate
Number: 28514–408, FCI Terminal
Island, P.O. Box 3007, San Pedro, CA
90733, and when acting for or on his
behalf, his successors, assigns,
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
19:42 Apr 13, 2018
Jkt 244001
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
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
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 Plesinger 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, Plesinger 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 Plesinger and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until April 26, 2027.
Issued this 6th day of April, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018–07804 Filed 4–13–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Earl Henry Richmond,
2731 E Eba Court, Green Valley, AZ
85614; Order Denying Export
Privileges
On December 2, 2016, in the U.S.
District Court for the District of Arizona,
Earl Henry Richmond (‘‘Richmond’’)
was convicted of violating Section 38 of
the Arms Export Control Act (22 U.S.C.
2778 (2012)) (‘‘AECA’’). Specifically,
Richmond was convicted of knowingly
and intentionally conspiring with others
to knowingly and willfully export from
the United States to Hong Kong
ammunition and firearms designated as
defense articles on the United States
Munitions List, including .22 and, 223
caliber ammunition and a Ruger 10/20
rifle, without the required U.S.
Department of State licenses. Richmond
was sentenced to probation for a term of
three years, a fine of $2,000 and a $100
special assessment.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
E:\FR\FM\16APN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16287-16288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07804]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Peter Steve Plesinger, Inmate Number: 28514-
408, FCI Terminal Island, P.O. Box 3007, San Pedro, CA 90733
Order Denying Export Privileges
On April 26, 2017, in the U.S. District Court for the District of
Arizona, Peter Steve Plesinger (``Plesinger'') was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2012)) (``AECA''), among other crimes. Specifically, Plesinger was
convicted of knowingly and willfully exporting and causing to be
exported from the United States to Hong Kong two Ruger SR22 semi-
automatic pistols, two silencers, and 1000 rounds of ammunition, which
are items designated as defense articles on the United States Munitions
List, without the required U.S. Department of State licenses. Plesinger
was sentenced to 87 months in prison, with credit for time served,
three years of supervised release and a $300 special assessment, and
ordered to forfeit $64,500 to the United States.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent
[[Page 16288]]
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 Plesinger's conviction for violating
Section 38 of the AECA, and has provided notice and an opportunity for
Plesinger to make a written submission to BIS, as provided in Section
766.25 of the Regulations. BIS has not received a submission from
Plesinger.
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 Plesinger's export privileges under the
Regulations for a period of 10 years from the date of Plesinger's
conviction. I have also decided to revoke all licenses issued pursuant
to the Act or Regulations in which Plesinger had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until April 26, 2027, Peter
Steve Plesinger, with a last known address of Inmate Number: 28514-408,
FCI Terminal Island, P.O. Box 3007, San Pedro, CA 90733, 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 Plesinger 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, Plesinger
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 Plesinger and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until April 26, 2027.
Issued this 6th day of April, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-07804 Filed 4-13-18; 8:45 am]
BILLING CODE P
