Order Denying Export Privileges, 43787-43788 [2019-18069]

Download as PDF 43787 Notices Federal Register Vol. 84, No. 163 Thursday, August 22, 2019 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF COMMERCE Office of the Under Secretary for Economic Affairs [Docket No. 190815–0014] American Workforce Policy Advisory Board; Meeting Office of the Under Secretary for Economic Affairs, Department of Commerce. ACTION: Notice of public meeting. AGENCY: SUMMARY: The Office of the Under Secretary for Economic Affairs announces the third meeting of the American Workforce Policy Advisory Board (Advisory Board). Discussions of the Advisory Board will include its progress toward achieving the goals set at its inaugural meeting on March 6, 2019, as well as other Advisory Board matters. The meeting will take place in Washington, DC on Wednesday, September 18, 2019. DATES: The Advisory Board will meet on September 18, 2019; the meeting will begin at 9:00 a.m. and end at approximately 12:00 p.m. (EDT). ADDRESSES: The meeting will be held at the Boys & Girls Clubs of Greater Washington (Richard England Clubhouse #14) 4103 Benning Rd. NE, Washington, DC 20019. The meeting is open to the public via audio conference technology. Audio instructions will be prominently posted on the Advisory Board homepage at: https:// www.commerce.gov/americanworker/ american-workforce-policy-advisoryboard. Please note: The Advisory Board website will maintain the most current information on the meeting agenda, schedule, and location. These items may be updated without further notice in the Federal Register. The public may also submit statements or questions via the Advisory Board email address, American WorkforcePolicyAdvisoryBoard@ VerDate Sep<11>2014 16:37 Aug 21, 2019 Jkt 247001 doc.gov (please use the subject line ‘‘September 2019 Advisory Board Meeting Public Comment’’), or by letter to Sabrina Montes, c/o Office of Under Secretary for Economic Affairs, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. If you wish the Advisory Board to consider your statement or question during the meeting, we must receive your written statement or question no later than 5 p.m. (EDT) four business days prior to the meeting. We will provide all statements or questions received after the deadline to the members; however, they may not consider them during the meeting. FOR FURTHER INFORMATION CONTACT: Sabrina Montes, c/o Office of Under Secretary for Economic Affairs, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, (301) 278–9268, or sabrina.montes@bea.gov. SUPPLEMENTARY INFORMATION: The Secretary of Commerce and the Advisor to the President overseeing the Office of Economic Initiatives serve as the cochairs of the Advisory Board. In addition to the co-chairs, the Advisory Board comprises 25 members that represent various sectors of the economy. The Board advises the National Council for the American Worker. The September meeting will include discussions of initial recommendations under each of the four main goals of the Advisory Board: • Develop a Campaign to Promote Multiple Pathways to Career Success. Companies, workers, parents, and policymakers have traditionally assumed that a university degree is the best, or only, path to a middle-class career. Employers and job seekers should be aware of multiple career pathways and skill development opportunities outside of traditional 4year degrees. • Increase Data Transparency to Better Match American Workers with American Jobs. High-quality, transparent, and timely data can significantly improve the ability of employers, students, job seekers, education providers, and policymakers to make informed choices about education and employment—especially for matching education and training programs to in-demand jobs and the skills needed to fill them. PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 • Modernize Candidate Recruitment and Training Practices. Employers often struggle to fill job vacancies, yet their hiring practices may actually reduce the pool of qualified job applicants. To acquire a talented workforce, employers must better identify the skills needed for specific jobs and communicate those needs to education providers, job seekers, and students. • Measure and Encourage Employerled Training Investments. The size, scope, and impacts of education and skills training investments are still not fully understood. There is a lack of consistent data on company balance sheets and in federal statistics. Business and policy makers need to know how much is spent on training, the types of workers receiving training, and the longterm value of the money and time spent in classroom and on-the-job training. Sabrina L. Montes, Designated Federal Official, American Workforce Policy Advisory Board, Bureau of Economic Analysis. [FR Doc. 2019–18104 Filed 8–21–19; 8:45 am] BILLING CODE 3510–MN–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: Adam Al Herz, Inmate Number: 13991–029, FMC Rochester, P.O. Box 4000, Rochester, MN 55903 On October 13, 2016, in the U.S. District Court for the Northern District of Iowa, Adam Al Herz (‘‘Adam Herz’’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Adam Herz was convicted of violating Section 38 of the AECA by knowingly and willfully attempting to export and cause to be exported, from the United States to Lebanon, firearms, ammunition, parts, accessories, attachments and associated equipment designated as defense articles on the United States Munitions List, without the required U.S. Department of State licenses. Adam Herz was sentenced to 240 months in prison, three years of supervised release, and an assessment of $300. Adam Herz 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 E:\FR\FM\22AUN1.SGM 22AUN1 43788 Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Notices 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 Adam Herz’s conviction for violating Section 38 of the AECA and has provided, pursuant to Section 766.25 of the Regulations, notice and an opportunity for Adam Herz to make a written submission to BIS. BIS has not received a submission from Adam Herz. 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 Adam Herz’s export privileges under the Regulations for a period of 10 years from the date of Adam Herz’s conviction. I have also decided to revoke any BIS-issued 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, Division A, 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 16:37 Aug 21, 2019 Jkt 247001 licenses in which Adam Herz had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until October 13, 2026, Adam Al Herz, with a last known address of Inmate Number: 13991–029, FMC Rochester, P.O. Box 4000, Rochester, MN 55903, 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 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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 Adam Herz 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, Adam Herz 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 Adam Herz and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until October 13, 2026. Issued this 13th day of August, 2019. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2019–18069 Filed 8–21–19; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: Bassem Afif Herz, Inmate Number: 13989–029, FCI Ray Brook, P.O. Box 900, Ray Brook, NY 12977 On December 12, 2016, in the U.S. District Court for the Northern District of Iowa, Bassem Afif Herz (‘‘Bassem Herz’’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Bassem Herz was convicted of violating Section 38 of the AECA by knowingly and willfully attempting to export and cause to be exported, from the United States to Lebanon, firearms and ammunition designated as defense E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Notices]
[Pages 43787-43788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18069]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Adam Al Herz, Inmate Number: 13991-029, FMC 
Rochester, P.O. Box 4000, Rochester, MN 55903

    On October 13, 2016, in the U.S. District Court for the Northern 
District of Iowa, Adam Al Herz (``Adam Herz'') was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Adam Herz was convicted of violating Section 38 of 
the AECA by knowingly and willfully attempting to export and cause to 
be exported, from the United States to Lebanon, firearms, ammunition, 
parts, accessories, attachments and associated equipment designated as 
defense articles on the United States Munitions List, without the 
required U.S. Department of State licenses. Adam Herz was sentenced to 
240 months in prison, three years of supervised release, and an 
assessment of $300. Adam Herz 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

[[Page 43788]]

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\
---------------------------------------------------------------------------

    \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, 
Division A, 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 Adam Herz's conviction for violating 
Section 38 of the AECA and has provided, pursuant to Section 766.25 of 
the Regulations, notice and an opportunity for Adam Herz to make a 
written submission to BIS. BIS has not received a submission from Adam 
Herz.
    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 Adam Herz's export privileges under the 
Regulations for a period of 10 years from the date of Adam Herz's 
conviction. I have also decided to revoke any BIS-issued licenses in 
which Adam Herz had an interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until October 13, 2026, Adam Al 
Herz, with a last known address of Inmate Number: 13991-029, FMC 
Rochester, P.O. Box 4000, Rochester, MN 55903, 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 Adam Herz 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, Adam Herz 
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 Adam Herz and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until October 13, 2026.

     Issued this 13th day of August, 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019-18069 Filed 8-21-19; 8:45 am]
 BILLING CODE P

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