Order Denying Export Privileges, 32413-32414 [2019-14434]

Download as PDF Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Notices Independence Avenue SW, Washington, DC 20250–9410; (2) Fax: (202) 690–7442; or (3) Email at: program.intake@ usda.gov. USDA is an equal opportunity provider, employer, and lender. Bruce W. Lammers, Administrator, Rural Housing Service. [FR Doc. 2019–14390 Filed 7–5–19; 8:45 am] BILLING CODE 3410–XV–P COMMISSION ON CIVIL RIGHTS Notice of Public Meetings of the New York Advisory Committee Commission on Civil Rights. Announcement of meetings. AGENCY: ACTION: Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that a meeting of the New York Advisory Committee to the Commission will convene by conference call at 12:00 p.m. (EST) on: Friday, July 12, 2019. The purpose of the meeting is to discuss testimony received at the hearing regarding Education Funding in New York. DATES: Friday, July 12, 2019 at 12:00 p.m. EST. FOR FURTHER INFORMATION CONTACT: David Barreras, at dbarreras@usccr.gov or by phone at 312–353–8311. SUPPLEMENTARY INFORMATION: Public Call-In Information: Conference call-in number: 1–800–353– 6461 and conference ID# 4613655. Interested members of the public may listen to the discussion by calling the following toll-free conference call-in number: 1–800–353–6461 and conference ID# 4613655. Please be advised that before placing them into the conference call, the conference call operator will ask callers to provide their names, their organizational affiliations (if any), and email addresses (so that callers may be notified of future meetings). Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free conference call-in number. Persons with hearing impairments may also follow the discussion by first calling the Federal Relay Service at 1– 800–977–8339 and providing the operator with the toll-free conference call-in number: 1–800–353–6461 and conference ID# 4613655. jbell on DSK3GLQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:44 Jul 05, 2019 Jkt 247001 Members of the public are invited to make statements during the open comment period of the meetings or submit written comments. The comments must be received in the regional office approximately 30 days after each scheduled meeting. Written comments may be mailed to the Midwest Regional Office, U.S. Commission on Civil Rights, 230 S Dearborn Street, Suite 2120, Chicago, IL 60604, faxed to (312) 353–8324, or emailed to David Barreras at dbarreras@ usccr.gov. Persons who desire additional information may contact the Midwest Regional Office at (312) 353– 8311. Records and documents discussed during the meeting will be available for public viewing as they become available at https://database.faca.gov/committee/ meetings.aspx?cid=265; click the ‘‘Meeting Details’’ and ‘‘Documents’’ links. Records generated from this meeting may also be inspected and reproduced at the Eastern Regional Office, as they become available, both before and after the meetings. Persons interested in the work of this advisory committee are advised to go to the Commission’s website, www.usccr.gov, or to contact the Midwest Regional Office at the above phone numbers, email or street address. Agenda Friday, July 12, 2019 • Open—Roll Call • Discussion of testimony—hearing on Education Funding • Open Comment • Next Steps • Adjourn Dated: July 1, 2019. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2019–14386 Filed 7–5–19; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Bureau Of Industry And Security Order Denying Export Privileges In the Matter of: Olaf Tepper, Inmate Number: 25093–052, Moshannon Valley Correctional Institution, 555 Geo Drive, Philipsburg, PA 16866. On August 3, 2018, in the U.S. District Court for the Northern District of New York, Olaf Tepper (‘‘Tepper’’) was convicted of violating the International Emergency Economic Powers Act (50 U.S.C § 1701, et seq. (2012)) (‘‘IEEPA’’). Specifically, Tepper was convicted of willfully conspiring to export and cause PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 32413 to be exported from the United States to Germany gas turbine parts, with knowledge and reason to know that such goods were intended specifically for re-exportation, directly and indirectly, to Iran, without having first obtained the required authorization from the U.S Department of the Treasury’s Office of Foreign Assets Control. Tepper was sentenced to 24 months in prison, a fine of $5,000, and an assessment of $400. 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).’’ 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 Tepper’s conviction for violating IEEPA, and has 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2019). 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. E:\FR\FM\08JYN1.SGM 08JYN1 jbell on DSK3GLQ082PROD with NOTICES 32414 Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Notices provided notice and an opportunity for Tepper to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has received a twopage submission from Tepper. Based upon my review of the record, including Tepper’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 Tepper’s export privileges under the Regulations for a period of 10 years from the date of Tepper’s conviction. I have also decided to revoke all BIS-issued licenses in which Tepper had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until August 3, 2028, Olaf Tepper with a last known address of Inmate Number: 25093–052, Moshannon Valley Correctional Institution, 555 Geo Drive, Philipsburg, PA 16866, 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 VerDate Sep<11>2014 19:44 Jul 05, 2019 Jkt 247001 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 Tepper 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, Tepper 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 Tepper and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until August 3, 2028. Issued this 28th day of June, 2019. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2019–14434 Filed 7–5–19; 8:45 am] BILLING CODE P PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration District Export Council Nomination Opportunity International Trade Administration, Department of Commerce. ACTION: Notice of opportunity for appointment to serve as a District Export Council member. AGENCY: The Department of Commerce is currently seeking nominations of individuals for consideration for appointment by the Secretary of Commerce to serve as members of one of the 61 District Export Councils (DECs) nationwide. DECs are closely affiliated with the U.S. Export Assistance Centers (USEACs) of the U.S. and Foreign Commercial Service (US&FCS), and play a key role in the planning and coordination of export activities in their communities. DATES: Nominations for individuals to a DEC must be received by the local USEAC Director by 5:00 p.m. local time on August 10, 2019. ADDRESSES: Contact the Director of your local USEAC for information on how to submit your nomination on-line. You may identify your local USEAC by entering your zip code online at https:// export.gov/usoffices/index.asp. FOR FURTHER INFORMATION CONTACT: Please use the information listed in the ADDRESSES section to contact the Director of your local USEAC for more information on DECs and the nomination process. For general program information, contact Laura Barmby, National DEC Liaison, US&FCS, at (202) 482–2675. SUPPLEMENTARY INFORMATION: District Export Councils support the mission of US&FCS by facilitating the development of an effective local export assistance network, supporting the expansion of export opportunities for local U.S. companies, serving as a communication link between the business community and US&FCS, and assisting in coordinating the activities of trade assistance partners to leverage available resources. Individuals appointed to a DEC become part of a select corps of trade professionals dedicated to providing international trade leadership and guidance to the local business community and assistance to the Department of Commerce on export development issues. Nomination Process: Each DEC has a maximum membership of 35. Approximately half of the positions are open on each DEC for the four-year term SUMMARY: E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Notices]
[Pages 32413-32414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14434]


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DEPARTMENT OF COMMERCE

Bureau Of Industry And Security


Order Denying Export Privileges

    In the Matter of: Olaf Tepper, Inmate Number: 25093-052, 
Moshannon Valley Correctional Institution, 555 Geo Drive, 
Philipsburg, PA 16866.

    On August 3, 2018, in the U.S. District Court for the Northern 
District of New York, Olaf Tepper (``Tepper'') was convicted of 
violating the International Emergency Economic Powers Act (50 U.S.C 
Sec.  1701, et seq. (2012)) (``IEEPA''). Specifically, Tepper was 
convicted of willfully conspiring to export and cause to be exported 
from the United States to Germany gas turbine parts, with knowledge and 
reason to know that such goods were intended specifically for re-
exportation, directly and indirectly, to Iran, without having first 
obtained the required authorization from the U.S Department of the 
Treasury's Office of Foreign Assets Control. Tepper was sentenced to 24 
months in prison, a fine of $5,000, and an assessment of $400.
    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).'' 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\
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2019). 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.
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    BIS has received notice of Tepper's conviction for violating IEEPA, 
and has

[[Page 32414]]

provided notice and an opportunity for Tepper to make a written 
submission to BIS, as provided in Section 766.25 of the Regulations. 
BIS has received a two-page submission from Tepper.
    Based upon my review of the record, including Tepper'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 
Tepper's export privileges under the Regulations for a period of 10 
years from the date of Tepper's conviction. I have also decided to 
revoke all BIS-issued licenses in which Tepper had an interest at the 
time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until August 3, 2028, Olaf 
Tepper with a last known address of Inmate Number: 25093-052, Moshannon 
Valley Correctional Institution, 555 Geo Drive, Philipsburg, PA 16866, 
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 Tepper 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, Tepper 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 Tepper and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until August 3, 2028.

    Issued this 28th day of June, 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019-14434 Filed 7-5-19; 8:45 am]
 BILLING CODE P

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