In the Matter of: Alexander Fishenko, Inmate Number: 73080-279, FCI Three Rivers, P.O. Box 4200, Three Rivers, TX 78071; Order Denying Export Privileges, 1424-1426 [2019-00857]
Download as PDF
<![CDATA[
1424
Federal Register / Vol. 84, No. 23 / Monday, February 4, 2019 / Notices
amozie on DSK3GDR082PROD with NOTICES1
release, and an assessment of $100.
Trujillo also was placed on the U.S.
Department of State Debarred List.
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).2 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.3
BIS has received notice of Trujillo’s
conviction for violating Section 38 of
the AECA, and has provided notice and
an opportunity for Trujillo to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Trujillo.
Based upon my review and
consultations with BIS’s Office of
Export Enforcement, including its
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 Public Law
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 according to their terms
until modified, superseded, set aside, or revoked
through action undertaken pursuant to the authority
provided under ECRA.
2 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 Public Law 115–
232, 132 Stat. 2208, 2225 and 2233 (Aug. 13, 2018);
and note 1, supra.
3 See notes 1 and 2, supra.
VerDate Sep<11>2014
17:21 Feb 01, 2019
Jkt 247001
Director, and the facts available to BIS,
I have decided to deny Trujillo’s export
privileges under the Regulations for a
period of seven years from the date of
Trujillo’s conviction. I have also
decided to revoke all BIS-issued
licenses in which Trujillo had an
interest at the time of her conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
August 11, 2024, Veronica Trujillo, with
a last known address of Inmate Number:
64909–408, FCI Phoenix, 37910 N 45th
Avenue, Phoenix, AZ 85086, and when
acting for or on her behalf, her
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;
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
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 Trujillo 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, Trujillo 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 Trujillo and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until August 11, 2024.
Issued this 31st day of December 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019–00863 Filed 2–1–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry And Security
In the Matter of: Alexander Fishenko,
Inmate Number: 73080–279, FCI Three
Rivers, P.O. Box 4200, Three Rivers,
TX 78071; Order Denying Export
Privileges
On July 21, 2016, in the U.S. District
Court for the Eastern District of New
York, Alexander Fishenko (‘‘Fishenko’’)
was convicted of violating the
International Emergency Economic
E:\FR\FM\04FEN1.SGM
04FEN1
Federal Register / Vol. 84, No. 23 / Monday, February 4, 2019 / Notices
amozie on DSK3GDR082PROD with NOTICES1
Powers Act (50 U.S.C. § 1701, et seq.
(2012)) (‘‘IEEPA’’) and Section 38 of the
Arms Export Control Act (22 U.S.C.
2778 (2012)) (‘‘AECA’’).
Specifically, Fishenko was convicted
of knowingly, intentionally and
willfully exporting from the United
States to Russia microelectronics
without the required U.S. Department of
Commerce licenses, in violation of
IEEPA. Fishenko was also convicted of
knowingly, intentionally and willfully
exporting from the United States to
Russia power amplifiers designated as
defense articles on the United States
Munitions List, namely five TriQuint
parts TGA2517, without the required
U.S. Department of State licenses, in
violation of the AECA. Fishenko was
sentenced to 120 months in prison,
three years of supervised release, and a
$1,900 assessment, and forfeited over
$500,000 in criminal proceeds to the
United States. Fishenko also was placed
on the U.S. Department of State
Debarred List.
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 . . . the
International Emergency Economic
Powers Act (50 U.S.C. § 1701–1706) . . .
or section 38 of the Arms Export Control
Act (22 U.S.C. 2778).’’ 15 CFR 766.25(a).
The denial of export privileges under
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 Public Law
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 according to their terms
until modified, superseded, set aside, or revoked
through action undertaken pursuant to the authority
provided under ECRA.
VerDate Sep<11>2014
17:21 Feb 01, 2019
Jkt 247001
this provision may be for a period of up
to 10 years from the date of the
conviction. 15 CFR 766.25(d).2 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.3
BIS has received notice of Fishenko’s
conviction for violating IEEPA and
Section 38 of the AECA, and has
provided notice and an opportunity for
Fishenko to make a written submission
to BIS, as provided in Section 766.25 of
the Regulations. BIS has received a
submission from Fishenko, via his
counsel.
Based upon my review of the record,
including Fishenko’s submission and
the facts available to BIS, and my
consultations with BIS’s Office of
Export Enforcement, including its
Director, I have decided to deny
Fishenko’s export privileges under the
Regulations for a period of 10 years from
the date of Fishenko’s conviction. I have
also decided to revoke all BIS-issued
licenses in which Fishenko had an
interest at the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
July 21, 2026, Alexander Fishenko with
a last known address of Inmate Number:
73080–279, FCI Three Rivers, P.O. Box
4200, Three Rivers, TX 78071, 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
2 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 Public Law 115–
232, 132 Stat. 2208, 2225 and 2233 (Aug. 13, 2018);
and note 1, supra.
3 See notes 1 and 2, supra.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
1425
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 Fishenko 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, Fishenko 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.
E:\FR\FM\04FEN1.SGM
04FEN1
1426
Federal Register / Vol. 84, No. 23 / Monday, February 4, 2019 / Notices
Fifth, a copy of this Order shall be
delivered to Fishenko and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until July 21, 2026.
Issued this 31st day of December, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019–00857 Filed 2–1–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Joel Prado, Jr., Inmate
Number: 16443–479, USP Beaumont, U.S.
Penitentiary, P.O. Box 26030, Beaumont, TX
77720
amozie on DSK3GDR082PROD with NOTICES1
On February 23, 2017, in the U.S.
District Court for the Southern District
of Texas, Joel Prado, Jr. (‘‘Prado’’) was
convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C.
2778 (2012)) (‘‘AECA’’). Prado was
convicted of violating Section 38 of the
AECA by conspiring to knowingly and
willfully export and cause to be
exported from the United States to
Mexico .223 caliber rifles, items
designated as defense articles on the
United States Munitions List, without
the required U.S. Department of State
licenses. Prado was sentenced to 96
months in prison, three years of
supervised release, and an assessment of
$200.
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
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 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 8, 2018 (83 FR
39871 (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 Public Law
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 according to their terms
until modified, superseded, set aside, or revoked
VerDate Sep<11>2014
17:21 Feb 01, 2019
Jkt 247001
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).2 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.3
BIS has received notice of Prado’s
conviction for violating Section 38 of
the AECA, and has provided notice and
an opportunity for Prado to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Prado.
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 Prado’s export
privileges under the Regulations for a
period of 10 years from the date of
Prado’s conviction. I have also decided
to revoke all BIS-issued licenses in
which Prado had an interest at the time
of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
February 23, 2027, Joel Prado, Jr., with
a last known address of Inmate Number:
16443–479, USP Beaumont, U.S.
Penitentiary, P.O. Box 26030,
Beaumont, TX 77720, 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;
through action undertaken pursuant to the authority
provided under ECRA.
2 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 Public Law 115–
232, 132 Stat. 2208, 2225 and 2233 (Aug. 13, 2018);
and note 1, supra.
3 See notes 1 and 2, supra.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
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 Prado by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
E:\FR\FM\04FEN1.SGM
04FEN1
]]>Agencies
[Federal Register Volume 84, Number 23 (Monday, February 4, 2019)]
[Notices]
[Pages 1424-1426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00857]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry And Security
In the Matter of: Alexander Fishenko, Inmate Number: 73080-279,
FCI Three Rivers, P.O. Box 4200, Three Rivers, TX 78071; Order Denying
Export Privileges
On July 21, 2016, in the U.S. District Court for the Eastern
District of New York, Alexander Fishenko (``Fishenko'') was convicted
of violating the International Emergency Economic
[[Page 1425]]
Powers Act (50 U.S.C. Sec. 1701, et seq. (2012)) (``IEEPA'') and
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012))
(``AECA'').
Specifically, Fishenko was convicted of knowingly, intentionally
and willfully exporting from the United States to Russia
microelectronics without the required U.S. Department of Commerce
licenses, in violation of IEEPA. Fishenko was also convicted of
knowingly, intentionally and willfully exporting from the United States
to Russia power amplifiers designated as defense articles on the United
States Munitions List, namely five TriQuint parts TGA2517, without the
required U.S. Department of State licenses, in violation of the AECA.
Fishenko was sentenced to 120 months in prison, three years of
supervised release, and a $1,900 assessment, and forfeited over
$500,000 in criminal proceeds to the United States. Fishenko also was
placed on the U.S. Department of State Debarred List.
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 . . . the
International Emergency Economic Powers Act (50 U.S.C. Sec. 1701-1706)
. . . or 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).\2\ 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.\3\
---------------------------------------------------------------------------
\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 Public Law 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
according to their terms until modified, superseded, set aside, or
revoked through action undertaken pursuant to the authority provided
under ECRA.
\2\ 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 Public Law 115-232, 132 Stat. 2208, 2225 and 2233 (Aug. 13,
2018); and note 1, supra.
\3\ See notes 1 and 2, supra.
---------------------------------------------------------------------------
BIS has received notice of Fishenko's conviction for violating
IEEPA and Section 38 of the AECA, and has provided notice and an
opportunity for Fishenko to make a written submission to BIS, as
provided in Section 766.25 of the Regulations. BIS has received a
submission from Fishenko, via his counsel.
Based upon my review of the record, including Fishenko's submission
and the facts available to BIS, and my consultations with BIS's Office
of Export Enforcement, including its Director, I have decided to deny
Fishenko's export privileges under the Regulations for a period of 10
years from the date of Fishenko's conviction. I have also decided to
revoke all BIS-issued licenses in which Fishenko had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until July 21, 2026, Alexander
Fishenko with a last known address of Inmate Number: 73080-279, FCI
Three Rivers, P.O. Box 4200, Three Rivers, TX 78071, 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 Fishenko 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, Fishenko
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.
[[Page 1426]]
Fifth, a copy of this Order shall be delivered to Fishenko and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until July 21, 2026.
Issued this 31st day of December, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019-00857 Filed 2-1-19; 8:45 am]
BILLING CODE P
