Order Denying Export Privileges, 53403-53404 [2019-21749]

Download as PDF Federal Register / Vol. 84, No. 194 / Monday, October 7, 2019 / Notices BIS has received notice of Cance’s conviction for violating Section 38 of the AECA, and pursuant to Section 766.25 of the Regulations has provided notice and an opportunity for Cance to make a written submission to BIS. BIS has not received a submission from Cance. 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 Cance’s export privileges under the Regulations for a period of 10 years from the date of Cance’s conviction. I have also decided to revoke any BIS-issued license in which Cance had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until January 15, 2026, Benjamin James Cance, with last known addresses of 215 E. Plainwell Street, Plainwell, MI 49080 and 6911 Childsdale Avenue NE, Rockford, MI 49341, 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 VerDate Sep<11>2014 18:29 Oct 04, 2019 Jkt 250001 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 Cance 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, Cance 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 Cance and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until January 15, 2026. Issued this 30th day of September, 2019. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2019–21747 Filed 10–4–19; 8:45 am] BILLING CODE P PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 53403 DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: Kenneth S. Chait, Inmate Number: 04970–104, RRM Miami, Residential Reentry Office, 401 N. Miami Avenue, Miami, FL 33128 On November 13, 2018, in the U.S. District Court for the Middle District of Georgia, Kenneth S. Chait (‘‘Chait’’) was convicted of violating the International Emergency Economic Powers Act (50 U.S.C 1701, et seq. (2012)) (‘‘IEEPA’’). Specifically, Chait was convicted of violating IEEPA by knowingly and willfully agreeing to attempt to export without the required Department of Commerce license ceramic metal triggered spark gaps, also known as nuclear triggered spark gaps and listed on the Commerce Control List. Chait was sentenced to 12 months and one day in prison, supervised release for a term of two years, and a $100 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 . . . 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 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 was extended by successive Presidential Notices, including the Notice 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, 50 U.S.C. 4801–4852 (‘‘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. E:\FR\FM\07OCN1.SGM 07OCN1 53404 Federal Register / Vol. 84, No. 194 / Monday, October 7, 2019 / Notices 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 received notice of Chait’s conviction for violating IEEPA and, pursuant to Section 766.25 of the Regulations, provided notice and an opportunity for Chait to make a written submission to BIS. Chait requested additional time to make a written submission. BIS granted Chait an extension until July 20, 2019. To date, however, BIS has not received a written submission from Chait. 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 Chait’s export privileges under the Regulations for a period of five years from the date of Chait’s conviction. I have also decided to revoke any BIS-issued licenses in which Chait had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until November 13, 2023, Kenneth S. Chait, Inmate Number: 04970–104, RRM Miami, Residential Reentry Office, 401 N. Miami Avenue, Miami, FL 33128, 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 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, 50 U.S.C. 4819 and 4826; and note 1, supra. 3 See notes 1 and 2, supra. VerDate Sep<11>2014 18:29 Oct 04, 2019 Jkt 250001 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 Chait 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, Chait 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. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Fifth, a copy of this Order shall be delivered to Chait and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until November 13, 2023. Issued this 30th day of September, 2019. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2019–21749 Filed 10–4–19; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: Arash Sepehri, a/k/a William Anderson, a/k/a Aresh Sepheri Eshtajran, Unit 7, Yazdanpanah Street, Tehran, Iran. On February 26, 2019, in the U.S. District Court for the District of Columbia, Arash Sepehri, a/k/a William Anderson, a/k/a Aresh Sepheri Eshtajran (‘‘Sepehri’’), was convicted of violating 18 U.S.C. 371. Specifically, Sepehri was convicted of knowingly and willfully conspiring to export U.S.origin items, including high-resolution sonar equipment, data input boards, acoustic transducers and rugged laptops, from the United States to Iran without the required licenses from the U.S. Government. Sepehri was sentenced to twenty-five (25) months in prison, with credit for time served, and a $100 special assessment. Pursuant to Section 1760(e) of the Export Control Reform Act (‘‘ECRA’’),2 the export privileges of any person who has been convicted of certain offenses, including, but not limited to, 18 U.S.C. 371, may be denied for a period of up to ten (10) years from the date of his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). In addition, any BIS licenses or other authorizations issued under ECRA in which the person had an interest at the time of the conviction may be revoked. Id. BIS has received notice of Sepehri’s conviction for violating 18 U.S.C. 371, and has provided notice and an opportunity for Sepehri to make a written submission to BIS, as provided in Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’). 15 CFR 766.25.3 BIS 2 ECRA was enacted as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, and as amended is codified at 50 U.S.C. 4801–4852. Sepehri’s conviction post-dates Section 1760(e)’s enactment on August 13, 2018. 3 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR Parts 730– 774 (2019). The Regulations originally issued under E:\FR\FM\07OCN1.SGM 07OCN1

Agencies

[Federal Register Volume 84, Number 194 (Monday, October 7, 2019)]
[Notices]
[Pages 53403-53404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21749]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Kenneth S. Chait, Inmate Number: 04970-104, 
RRM Miami, Residential Reentry Office, 401 N. Miami Avenue, Miami, 
FL 33128

    On November 13, 2018, in the U.S. District Court for the Middle 
District of Georgia, Kenneth S. Chait (``Chait'') was convicted of 
violating the International Emergency Economic Powers Act (50 U.S.C 
1701, et seq. (2012)) (``IEEPA''). Specifically, Chait was convicted of 
violating IEEPA by knowingly and willfully agreeing to attempt to 
export without the required Department of Commerce license ceramic 
metal triggered spark gaps, also known as nuclear triggered spark gaps 
and listed on the Commerce Control List. Chait was sentenced to 12 
months and one day in prison, supervised release for a term of two 
years, and a $100 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 . . . the 
International Emergency Economic Powers Act (50 U.S.C Sec.  1701-
1706).'' 15 CFR 766.25(a). The denial of export privileges under this 
provision may be

[[Page 53404]]

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 was 
extended by successive Presidential Notices, including the Notice 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, 50 
U.S.C. 4801-4852 (``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, 50 U.S.C. 4819 and 
4826; and note 1, supra.
    \3\ See notes 1 and 2, supra.
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    BIS received notice of Chait's conviction for violating IEEPA and, 
pursuant to Section 766.25 of the Regulations, provided notice and an 
opportunity for Chait to make a written submission to BIS. Chait 
requested additional time to make a written submission. BIS granted 
Chait an extension until July 20, 2019. To date, however, BIS has not 
received a written submission from Chait.
    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 Chait's export privileges under the Regulations 
for a period of five years from the date of Chait's conviction. I have 
also decided to revoke any BIS-issued licenses in which Chait had an 
interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until November 13, 2023, Kenneth 
S. Chait, Inmate Number: 04970-104, RRM Miami, Residential Reentry 
Office, 401 N. Miami Avenue, Miami, FL 33128, 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 Chait 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, Chait 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 Chait and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until November 13, 2023.

    Issued this 30th day of September, 2019.
Karen H. Nies-Vogel,
 Director, Office of Exporter Services.
[FR Doc. 2019-21749 Filed 10-4-19; 8:45 am]
BILLING CODE P