Order Denying Export Privileges, 58127-58128 [2019-23678]

Download as PDF Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Notices Hill Road (BE–61), Washington, DC 20233; email Christian.Awuku-Budu@ bea.gov; or phone (301) 278–9235. SUPPLEMENTARY INFORMATION: Pursuant to the requirements of the Outdoor Recreation Jobs and Economic Impact Act of 2016, Public Law 114–249, the Bureau of Economic Analysis (BEA) developed the Outdoor Recreation Satellite Account (ORSA). The ORSA measures the size of the U.S. outdoor recreation economy and its link to the broader national economy. Like other BEA accounts, the ORSA incorporates a variety of private and public data sources to create comprehensive measures of the spending and production activities that are the focus of the account. BEA produced the first, national prototype ORSA statistics on February 14, 2018, and released updated national statistics on September 20, 2018. After an additional year of development, BEA released state-level prototype statistics on September 20, 2019. The state-level prototype statistics are an extension of the national industry ORSA statistics. State ORSA statistics isolate the economic activity associated with outdoor recreation spending and production in a state’s economy. The concepts, definitions, and methodology used to produce state-level prototype statistics are consistent with the national industry concepts, definitions, and methodology. However, the additional geographic detail introduces added complexity to the estimation methodology. ORSA spending and production measures must be allocated to the correct geographic region by place of production, not by residence of consumer. In the state-level statistics, outdoor recreation activity is allocated as follows: • The value of manufactured goods is assigned to the state where they are produced, even if the goods are not ultimately used in that state. • The value of services is assigned to the location where they are consumed. • The value of production of imported goods is excluded from ORSA measures, but the value of the services of retailers selling imported goods is included and assigned to the location of the sale. BEA is seeking feedback on the prototype statistics and will continue to refine its methodology and presentation before official state ORSA statistics are released in the fall of 2020. BEA invites comments from the public, private industry, state and local governments, non-profit organizations, and other interested parties to assist in improving the prototype statistics’ VerDate Sep<11>2014 17:18 Oct 29, 2019 Jkt 250001 quality, reliability, and usefulness. In particular, BEA is interested in feedback regarding the following: 1. What are some useful applications of state ORSA statistics? 2. BEA plans to release the state ORSA statistics annually in September. Will the statistics be useful if released on this schedule? What time of year should the release be scheduled to maximize the usefulness of the statistics? 3. Are the prototype statistics consistent with the data and information about outdoor recreation available from other sources? If not, what are some differences? 4. Are the methodology documents available at bea.gov helpful in understanding the process followed to create the state-level prototype ORSA statistics? Are there ways the methodology could be improved? 5. Are there additional source data that could be used to generate and corroborate these statistics beyond those described in the methodology documents available at bea.gov? Dated: October 7, 2019. Christian Awuku-Budu, Chief, Regional Research and Methodology Branch, Bureau of Economic Analysis. [FR Doc. 2019–23677 Filed 10–29–19; 8:45 am] BILLING CODE 3510–06–P DEPARTMENT OF COMMERCE Bureau of Industry and Security 58127 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 Vlachos’s conviction for violating Section 38 of the AECA, and pursuant to Section 766.25 of the Regulations, has provided notice and an ooportunity for Vlachos to make a written submission to BIS.4 To date, BIS has not received a submission from Vlachos. 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 Vlachos’s export privileges under the Regulations for a period of seven years from the date of Vlachos’s conviction. I have also decided to revoke any BIS-issued license in which Vlachos had an interest at the time of his conviction. Accordingly, it is hereby ordered: Order Denying Export Privileges In the Matter of: Alexis Vlachos, 160 Rue Sainte Anne De-Bellevue, Montreal, Quebec H9X3Z6. On September 4, 2018, in the U.S. District Court for the District of Vermont, Alexis Vlachos (‘‘Vlachos’’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Vlachos was convicted of violating Section 38 of the AECA by knowingly and willfully exporting and causing to be exported from the United States to Canada firearms that were designated as defense articles on the United States Munitions List, without the required U.S. Department of State licenses. Vlachos was sentenced to fifty-one (51) months in prison 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– PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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, 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. 4 Notice was provided by registered mail, return receipt requested, for which Vlachos signed on August 12, 2019. E:\FR\FM\30OCN1.SGM 30OCN1 58128 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Notices First, from the date of this Order until September 4, 2025, Alexis Vlachos, with a last known address at: 160 Rue Sainte Anne De Bellevue, Montreal, Quebec H9X3Z6, 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 VerDate Sep<11>2014 17:18 Oct 29, 2019 Jkt 250001 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 Vlachos 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, Vlachos 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 Vlachos and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until September 4, 2025. Issued this 23rd day of October 2019. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2019–23678 Filed 10–29–19; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Bureau of Industry and Security Transportation and Related Equipment Technical Advisory Committee; Notice of Partially Closed Meeting The Transportation and Related Equipment Technical Advisory Committee will meet on November 13, 2019, 9:30 a.m., in the Herbert C. Hoover Building, Room 3884, 14th Street between Constitution & Pennsylvania Avenues NW, Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to transportation and related equipment or technology. Agenda Public Session 1. Welcome and Introductions. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 2. Status reports by working group chairs. 3. Public comments and Proposals. Closed Session 4. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov no later than November 6, 2019. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on April 19, 2019, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 (10)(d)), that the portion of the meeting dealing with predecisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482–2813. Yvette Springer, Committee Liaison Officer. [FR Doc. 2019–23653 Filed 10–29–19; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–911] Circular Welded Carbon-Quality Steel Pipe From the People’s Republic of China: Rescission of Countervailing Duty Administrative Review; 2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the AGENCY: E:\FR\FM\30OCN1.SGM 30OCN1

Agencies

[Federal Register Volume 84, Number 210 (Wednesday, October 30, 2019)]
[Notices]
[Pages 58127-58128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23678]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Alexis Vlachos, 160 Rue Sainte Anne De-
Bellevue, Montreal, Quebec H9X3Z6.

    On September 4, 2018, in the U.S. District Court for the District 
of Vermont, Alexis Vlachos (``Vlachos'') was convicted of violating 
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) 
(``AECA''). Vlachos was convicted of violating Section 38 of the AECA 
by knowingly and willfully exporting and causing to be exported from 
the United States to Canada firearms that were designated as defense 
articles on the United States Munitions List, without the required U.S. 
Department of State licenses. Vlachos was sentenced to fifty-one (51) 
months in prison 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\ 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 was 
extended by successive Presidential Notices, 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.
---------------------------------------------------------------------------

    BIS has received notice of Vlachos's conviction for violating 
Section 38 of the AECA, and pursuant to Section 766.25 of the 
Regulations, has provided notice and an ooportunity for Vlachos to make 
a written submission to BIS.\4\ To date, BIS has not received a 
submission from Vlachos.
---------------------------------------------------------------------------

    \4\ Notice was provided by registered mail, return receipt 
requested, for which Vlachos signed on August 12, 2019.
---------------------------------------------------------------------------

    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 Vlachos's export privileges under the Regulations 
for a period of seven years from the date of Vlachos's conviction. I 
have also decided to revoke any BIS-issued license in which Vlachos had 
an interest at the time of his conviction.
    Accordingly, it is hereby ordered:

[[Page 58128]]

    First, from the date of this Order until September 4, 2025, Alexis 
Vlachos, with a last known address at: 160 Rue Sainte Anne De Bellevue, 
Montreal, Quebec H9X3Z6, 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 Vlachos 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, Vlachos 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 Vlachos and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until September 4, 2025.

    Issued this 23rd day of October 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019-23678 Filed 10-29-19; 8:45 am]
BILLING CODE P