Order Denying Export Privileges, 60395-60396 [2018-25619]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices
all selected participants on the first day
of the testing will be required to
acknowledge that their suggestions and
comments may not be incorporated into
the final version for technical or other
reasons.
Special Accommodations
This public testing is physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be received by the Department of
Commerce no later than November 29,
2018 and should be included in the
email requesting participation in the
public testing referenced above.
Dated: November 20, 2018.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2018–25680 Filed 11–23–18; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Gregory Allen Justice,
Inmate Number: 73792–112, FCI Safford, P.O.
Box 9000, Safford, AZ 85548.
On September 19, 2017, in the U.S.
District Court for the Central District of
California, Gregory Allen Justice
(‘‘Justice’’) was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’),
among other crimes. Justice was
convicted of violating Section 38 of the
AECA by knowingly and willfully
attempting to export, cause others to
export, and aid and abet the export to
Russia, for the intended benefit of the
Russian Government, of defense articles
designated on the United States
Munitions List (‘‘USML’’), without the
required U.S. Department of State
licenses. Justice, an engineer who
worked for a defense contractor,
knowingly and willfully sold and
provided USML-controlled technical
data relating to U.S. military satellite
programs to a person he believed to be
an agent of a Russian intelligence
service, but who was in fact an
undercover Federal Bureau of
Investigation employee. Justice was
sentenced to 60 months in prison, three
years of supervised release, and a $200
special assessment.
The Export Administration
Regulations (‘‘EAR’’ or ‘‘Regulations’’)
are administered and enforced by the
U.S. Department of Commerce’s Bureau
VerDate Sep<11>2014
17:28 Nov 23, 2018
Jkt 247001
of Industry and Security (‘‘BIS’’).1
Section 766.25 of the Regulations
provides, in pertinent part, that the
‘‘Director of [BIS’s] Office of Exporter
Services, in consultation with the
Director of [BIS’s] Office of Export
Enforcement, may deny the export
privileges of any person who has been
convicted of a violation of . . . section
38 of the Arms Export Control Act (22
U.S.C. 2778).’’ 15 CFR 766.25(a). 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).1 In addition,
pursuant to Section 750.8 of the
Regulations, BIS’s Office of Exporter
Services may revoke any BIS-issued
licenses in which the person had an
interest at the time of his/her
conviction.2
BIS has received notice of Justice’s
conviction for violating Section 38 of
the AECA, and has provided notice and
an opportunity for Justice to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Justice.
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 Justice’s export
privileges under the Regulations for a
period of 10 years from the date of
Justice’s conviction. I have also decided
to revoke all BIS-issued licenses in
which Justice 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 (2018). The Regulations originally issued under
the Export Administration Act of 1979, as amended,
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13,222 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 8, 2018 (83 FR
39,871 (Aug. 13, 2018)), continued the Regulations
in full force and effect under the International
Emergency Economic Powers Act, 50 U.S.C. 1701,
et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the
President signed into law the John S. McCain
National Defense Authorization Act for Fiscal Year
2019, which includes the Export Control Reform
Act of 2018, Title XVII, Subtitle B of Pub. L. No.
115–232, 132 Stat. 2208 (‘‘ECRA’’). While Section
1766 of ECRA repeals the provisions of the EAA
(except for three sections which are inapplicable
here), Section 1768 of ECRA provides, in pertinent
part, that all rules and regulations that were made
or issued under the EAA, including as continued
in effect pursuant to IEEPA, and were in effect as
of ECRA’s date of enactment (August 13, 2018),
shall continue in effect until modified, superseded,
set aside, or revoked through action undertaken
pursuant to the authority provided under ECRA.
1 See also Section 11(h) of the EAA, 50 U.S.C.
4610(h) (Supp. III 2015); Sections 1760(e) and 1768
of ECRA, Title XVII, Subtitle B of Pub. L. No. 115–
232, 132 Stat. 2208, 2225 and 2233 (Aug. 13, 2018);
and note 1, supra.
2 See note 2, supra.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
60395
Accordingly, it is hereby ORDERED:
First, from the date of this Order until
September 19, 2027, Gregory Allen
Justice, with a last known address of
Inmate Number: 73792–112, FCI
Safford, P.O. Box 9000, Safford, AZ
85548, 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
E:\FR\FM\26NON1.SGM
26NON1
60396
Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices
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 Justice 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, Justice 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 Justice and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until September 19, 2027.
Issued this 15th day of November, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018–25619 Filed 11–23–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–068]
Forged Steel Fittings From the
People’s Republic of China:
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing a countervailing
duty order on forged steel fittings from
the People’s Republic of China (China).
DATES: Applicable November 26, 2018.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Janae Martin, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–1766 or (202) 482–0238,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 5, 2018, Commerce
published its final determination in the
countervailing duty investigation of
forged steel fittings from China.1 On
November 19, 2018, the ITC notified
Commerce of its final determination,
pursuant to section 705(d) of the Act,
that an industry in the United States is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act, by
reason of subsidized imports of forged
steel fittings from China.2
Scope of the Order 3
The products covered by this order
are forged steel fittings from China. For
a complete description of the scope of
this order, see the Appendix to this
notice.
Countervailing Duty Order
On November 19, 2018, in accordance
with section 705(d) of the Act, the ITC
notified Commerce of its final
determination in this investigation, in
which it found that imports of forged
steel fittings are materially injuring a
U.S. industry.4 Therefore, in accordance
with section 705(c)(2) of the Act, we are
publishing this countervailing duty
order.
As a result of the ITC’s final
determination, in accordance with
section 706(a) of the Act, Commerce
will direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce,
countervailing duties on unliquidated
entries of subject merchandise from
China entered, or withdrawn from
warehouse, for consumption on or after
March 14, 2018, the date on which
Commerce published its preliminary
countervailing duty determination in
AGENCY:
VerDate Sep<11>2014
17:28 Nov 23, 2018
Jkt 247001
1 See Forged Steel Fittings from the People’s
Republic of China: Final Affirmative Countervailing
Duty Determination, 83 FR 50342 (October 5, 2018)
(Final Determination).
2 See ITC Notification Letter to the Deputy
Assistant Secretary for Enforcement and
Compliance, referencing ITC Investigation Nos.
701–TA–589 and 731–TA–1394–95, dated
November 19, 2018 (ITC Notification).
3 See Memorandum to the File, ‘‘Placing Carbon
Steel Butt Weld Pipe Fitting Scope Ruling on the
Record, dated September 19, 2018.
4 See ITC Notification; see also Forged Steel
Fittings from China and Italy (Inv. Nos. 701–TA–
589 and 731–TA–1394–1395 (Final), USITC
Publication 4850, November 2018).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
the Federal Register,5 and before July
11, 2018, the effective date on which
Commerce instructed CBP to
discontinue the suspension of
liquidation in accordance with section
703(d) of the Act. Section 703(d) of the
Act states that the suspension of
liquidation pursuant to a preliminary
determination may not remain in effect
for more than four months. Therefore,
entries of subject merchandise from
China made on or after July 11, 2018,
and prior to the date of publication of
the ITC’s final determination in the
Federal Register are not liable for the
assessment of countervailing duties due
to Commerce’s discontinuation of the
suspension of liquidation.
Suspension of Liquidation
In accordance with section 706 of the
Act, Commerce will direct CBP to
reinstitute the suspension of liquidation
of subject merchandise from China,
effective the date of publication of the
ITC’s notice of final determination in
the Federal Register, and to assess,
upon further instruction by Commerce
pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rates for the subject
merchandise. On or after the date of
publication of the ITC’s final injury
determination in the Federal Register,
we will instruct CBP to require, at the
same time as importers would normally
deposit estimated duties on this
merchandise, cash deposits for each
entry of subject merchandise equal to
the rates noted below. These
instructions suspending liquidation will
remain in effect until further notice. The
all others rate applies to all producers
or exporters not specifically listed, as
appropriate.
Company
Subsidy
rate
(percent)
Both-Well (Taizhou) Steel Fittings, Co., Ltd ..........................
All-Others ....................................
13.41
13.41
Notifications to Interested Parties
This notice constitutes the
countervailing duty order with respect
to forged steel fittings from China
pursuant to section 706(a) of the Act.
Interested parties can find a list of
countervailing duty orders currently in
5 See Forged Steel Fittings from the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Determination with Final Antidumping
Duty Determination, 83 FR 11170 (March 14, 2018).
E:\FR\FM\26NON1.SGM
26NON1
]]>Agencies
[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Notices]
[Pages 60395-60396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25619]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Gregory Allen Justice, Inmate Number: 73792-
112, FCI Safford, P.O. Box 9000, Safford, AZ 85548.
On September 19, 2017, in the U.S. District Court for the Central
District of California, Gregory Allen Justice (``Justice'') was
convicted of violating Section 38 of the Arms Export Control Act (22
U.S.C. 2778 (2012)) (``AECA''), among other crimes. Justice was
convicted of violating Section 38 of the AECA by knowingly and
willfully attempting to export, cause others to export, and aid and
abet the export to Russia, for the intended benefit of the Russian
Government, of defense articles designated on the United States
Munitions List (``USML''), without the required U.S. Department of
State licenses. Justice, an engineer who worked for a defense
contractor, knowingly and willfully sold and provided USML-controlled
technical data relating to U.S. military satellite programs to a person
he believed to be an agent of a Russian intelligence service, but who
was in fact an undercover Federal Bureau of Investigation employee.
Justice was sentenced to 60 months in prison, three years of supervised
release, and a $200 special assessment.
The Export Administration Regulations (``EAR'' or ``Regulations'')
are administered and enforced by the U.S. Department of Commerce's
Bureau of Industry and Security (``BIS'').\1\ Section 766.25 of the
Regulations provides, in pertinent part, that the ``Director of [BIS's]
Office of Exporter Services, in consultation with the Director of
[BIS's] Office of Export Enforcement, may deny the export privileges of
any person who has been convicted of a violation of . . . section 38 of
the Arms Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a). 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).\1\ In
addition, pursuant to Section 750.8 of the Regulations, BIS's Office of
Exporter Services may revoke any BIS-issued licenses in which the
person had an interest at the time of his/her conviction.\2\
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2018). The Regulations
originally issued under the Export Administration Act of 1979, as
amended, 50 U.S.C. 4601-4623 (Supp. III 2015) (``EAA''), which
lapsed on August 21, 2001. The President, through Executive Order
13,222 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 8, 2018 (83 FR 39,871 (Aug. 13, 2018)),
continued the Regulations in full force and effect under the
International Emergency Economic Powers Act, 50 U.S.C. 1701, et seq.
(2012) (``IEEPA''). On August 13, 2018, the President signed into
law the John S. McCain National Defense Authorization Act for Fiscal
Year 2019, which includes the Export Control Reform Act of 2018,
Title XVII, Subtitle B of Pub. L. No. 115-232, 132 Stat. 2208
(``ECRA''). While Section 1766 of ECRA repeals the provisions of the
EAA (except for three sections which are inapplicable here), Section
1768 of ECRA provides, in pertinent part, that all rules and
regulations that were made or issued under the EAA, including as
continued in effect pursuant to IEEPA, and were in effect as of
ECRA's date of enactment (August 13, 2018), shall continue in effect
until modified, superseded, set aside, or revoked through action
undertaken pursuant to the authority provided under ECRA.
\1\ See also Section 11(h) of the EAA, 50 U.S.C. 4610(h) (Supp.
III 2015); Sections 1760(e) and 1768 of ECRA, Title XVII, Subtitle B
of Pub. L. No. 115-232, 132 Stat. 2208, 2225 and 2233 (Aug. 13,
2018); and note 1, supra.
\2\ See note 2, supra.
---------------------------------------------------------------------------
BIS has received notice of Justice's conviction for violating
Section 38 of the AECA, and has provided notice and an opportunity for
Justice to make a written submission to BIS, as provided in Section
766.25 of the Regulations. BIS has not received a submission from
Justice.
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 Justice's export privileges under the Regulations
for a period of 10 years from the date of Justice's conviction. I have
also decided to revoke all BIS-issued licenses in which Justice had an
interest at the time of his conviction.
Accordingly, it is hereby ORDERED:
First, from the date of this Order until September 19, 2027,
Gregory Allen Justice, with a last known address of Inmate Number:
73792-112, FCI Safford, P.O. Box 9000, Safford, AZ 85548, 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
[[Page 60396]]
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 Justice 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, Justice 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 Justice and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until September 19, 2027.
Issued this 15th day of November, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-25619 Filed 11-23-18; 8:45 am]
BILLING CODE P
