In the Matter of: Paul Stuart Brunt, 3457 108th Ave SE, Bellevue, WA 98004; Order Denying Export Privileges, 67428-67429 [2019-26486]

Download as PDF 67428 Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Notices Third, pursuant to Section 1760(e) of the Export Control Reform Act (50 U.S.C. 4820(e) and Sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Aydin 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, Aydin 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 Aydin and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until August 3, 2026. Issued this 3rd day of December 2019. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2019–26487 Filed 12–9–19; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Bureau of Industry and Security jbell on DSKJLSW7X2PROD with NOTICES In the Matter of: Paul Stuart Brunt, 3457 108th Ave SE, Bellevue, WA 98004; Order Denying Export Privileges On March 1, 2019, in the U.S. District Court for the Western District of Washington, Paul Stuart Brunt (‘‘Brunt’’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Brunt was convicted of violating Section 38 of the AECA by knowingly and willfully exporting firearms designated as defense articles on the United States Munitions List from the United States to Turkey and Iraq, without the required U.S. Department of State licenses. Brunt was sentenced to three years of probation, 200 hours of community service, a fine of $20,000, and a $300 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 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2019). The Regulations originally issued under VerDate Sep<11>2014 17:08 Dec 09, 2019 Jkt 250001 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 received notice of Brunt’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 Brunt to make a written submission to BIS. To date, BIS has not received a written submission from Brunt. 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 Brunt’s export privileges under the Regulations for a period of 10 years from the date of Brunt’s conviction. I have also decided to revoke any BIS-issued licenses in which Brunt had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until March 1, 2029, Paul Stuart Brunt, with a last known address of 3457 108th Ave 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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 SE, Bellevue, WA 98004, 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 E:\FR\FM\10DEN1.SGM 10DEN1 Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Notices 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 Brunt 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, Brunt 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 Brunt and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until March 1, 2029. Issued this 3rd day of December, 2019. Karen H. Nies-Vogel, Director, Office of Exporter Services. BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–835] Dried Tart Cherries From the Republic of Turkey: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that dried tart cherries (cherries) from the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV). DATES: Applicable December 10, 2019. FOR FURTHER INFORMATION CONTACT: Alex Wood or Alice Maldonado, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: jbell on DSKJLSW7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 17:08 Dec 09, 2019 Jkt 250001 (202) 482–1959 or (202) 482–4682, respectively. Determination and the accompanying Preliminary Decision Memorandum.2 SUPPLEMENTARY INFORMATION: All-Others Rate Background As discussed in the Preliminary Determination, Commerce calculated the all-others rate as a simple average of the alleged dumping margin(s) from the petition, in accordance with section 735(c)(5)(A) of the Act.3 We made no changes to the selection of the all-others rate for this final determination. This final determination is made in accordance with section 735 of the Tariff Act of 1930, as amended (the Act). The petitioner in this investigation is the Dried Tart Cherry Trade Committee. The mandatory respondents in this investigation are Isik Tarim Urunleri Sanayi ve Ticaret A.S. (Isik Tarim) and Yamanlar Tarim Urunleri (Yamanlar Tarim). Neither of the mandatory respondents responded to our requests for information in this investigation. On September 27, 2019, Commerce published in the Federal Register the Preliminary Determination and invited interested parties to comment.1 We received no comments regarding the Preliminary Determination. Final Determination Commerce determines the following estimated dumping margins: Company Period of Investigation Isik Tarim Urunleri Sanayi ve Ticaret A.S. ............................. Yamanlar Tarim Urunleri ............ All Others .................................... The period of investigation is April 1, 2018 through March 31, 2019. Disclosure Scope of the Investigation The products covered by this investigation are cherries from Turkey. For a complete description of the scope of this investigation, see the appendix to this notice. Methodology—Adverse Facts Available (AFA) [FR Doc. 2019–26486 Filed 12–9–19; 8:45 am] 67429 For purposes of this final determination, we relied solely on facts available because neither of the selected mandatory respondents participated in this investigation, pursuant to section 776(a)(2)(A)–(C) of the Act. Further, because the mandatory respondents did not cooperate to the best of their abilities in responding to our requests for information in this investigation, we drew adverse inferences in selecting from among the facts otherwise available, in accordance with section 776(b) of the Act. No interested party submitted comments on the Preliminary Determination. Therefore, consistent with the Preliminary Determination, we continue to apply adverse facts available to Isik Tarim and Yamanlar Tarim for this final determination, and we made no changes to the estimated dumping margins for the mandatory respondents for the final determination. A detailed discussion of our application of AFA is provided in the Preliminary 1 See Dried Tart Cherries from the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 84 FR 51112 (September 27, 2019) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Weightedaverage dumping margins (percent) 648.35 648.35 541.29 Because Commerce applied AFA to the individually-examined companies, Isik Tarim and Yamanlar Tarim, in this investigation, in accordance with section 776 of the Act, and the applied AFA rate is based solely on the petition, there are no calculations to disclose for this final determination pursuant to 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue the suspension of liquidation of all appropriate entries of subject merchandise, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after September 27, 2019, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Further, Commerce will instruct CBP to require a cash deposit in the amounts shown above. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will also instruct CBP to collect a cash deposit equal to the estimated dumping margin as follows: (1) The cash deposit rate listed for the respondents listed in the chart above will be equal to the respondent-specific estimated dumping margin that we have determined in this final determination; (2) if the exporter is not a respondent 2 Id. PDM at ‘‘Use of Facts Otherwise Available and Adverse Inferences.’’ 3 See Preliminary Determination, 84 FR at 51113. E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Notices]
[Pages 67428-67429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26486]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Paul Stuart Brunt, 3457 108th Ave SE, Bellevue, 
WA 98004; Order Denying Export Privileges

    On March 1, 2019, in the U.S. District Court for the Western 
District of Washington, Paul Stuart Brunt (``Brunt'') was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Brunt was convicted of violating Section 38 of the 
AECA by knowingly and willfully exporting firearms designated as 
defense articles on the United States Munitions List from the United 
States to Turkey and Iraq, without the required U.S. Department of 
State licenses. Brunt was sentenced to three years of probation, 200 
hours of community service, a fine of $20,000, and a $300 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 . . . 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 received notice of Brunt'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 Brunt to make a written 
submission to BIS. To date, BIS has not received a written submission 
from Brunt.
    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 Brunt's export privileges under the Regulations 
for a period of 10 years from the date of Brunt's conviction. I have 
also decided to revoke any BIS-issued licenses in which Brunt had an 
interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until March 1, 2029, Paul Stuart 
Brunt, with a last known address of 3457 108th Ave SE, Bellevue, WA 
98004, 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

[[Page 67429]]

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 Brunt 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, Brunt 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 Brunt and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until March 1, 2029.

    Issued this 3rd day of December, 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019-26486 Filed 12-9-19; 8:45 am]
BILLING CODE 3510-33-P