Order Denying Export Privileges, 60131-60132 [2020-21113]

Download as PDF Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–58–2020] Foreign-Trade Zone (FTZ) 134— Chattanooga, Tennessee; Notification of Proposed Production Activity; Volkswagen Group of America Chattanooga Operations, LLC (Passenger Motor Vehicles), Chattanooga, Tennessee Volkswagen Group of America Chattanooga Operations, LLC (Volkswagen), submitted a notification of proposed production activity to the FTZ Board for its facility in Chattanooga, Tennessee. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on September 18, 2020. Volkswagen already has authority to produce passenger motor vehicles within FTZ 134. The current request would add finished products and foreign status materials/components to the scope of authority. Pursuant to 15 CFR 400.14(b), additional FTZ authority would be limited to the specific foreignstatus materials/components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt Volkswagen from customs duty payments on the foreign-status materials/components used in export production. On its domestic sales, for the foreign-status materials/components noted below and in the existing scope of authority, Volkswagen would be able to choose the duty rates during customs entry procedures that apply to electric vehicles and electric vehicle batteries (duty rate ranges from 2.5% to 3.4%). Volkswagen would be able to avoid duty on foreign-status components which become scrap/waste. Customs duties also could possibly be deferred or reduced on foreign-status production equipment. The materials/components sourced from abroad include: Gap fillers (fills the space between the battery modules and battery packs); battery housings; battery housing frames; cross beams; side members; extruded aluminum structural members for battery housings; floor piece assemblies; floor piece cooling systems; crash protection assemblies; battery cover plates; automatic circuit breaker molded cases; relays; electric insulation polymer padding; plastic lids/covers for supporting plates; box assemblies comprised of supporting plates, box VerDate Sep<11>2014 17:00 Sep 23, 2020 Jkt 250001 insulation, box protection, fuses and cover assemblies; box cover assemblies made from a mix of nylon polymer and copper alloys; supporting plates (metal construction with a plastic shield that is used to support battery control modules); and, transportation covers used to protect the connectors for battery packs (duty rate ranges from 2.7% to 3.4%). The request indicates that certain materials/components are subject to duties under Section 232 of the Trade Expansion Act of 1962 (Section 232) and Section 301 of the Trade Act of 1974 (Section 301), depending on the country of origin. The applicable Section 232 and Section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is November 3, 2020. A copy of the notification will be available for public inspection in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Christopher Wedderburn at Chris.Wedderburn@trade.gov or (202) 482–1963. Dated: September 18, 2020. Andrew McGilvray, Executive Secretary. [FR Doc. 2020–21102 Filed 9–23–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–33–2020] Foreign-Trade Zone (FTZ) 137— Washington Dulles International Airport, Virginia; Authorization of Production Activity; FN America, LLC (Disassembly of Machine Guns), Dulles, Virginia On May 22, 2020, CDS Air Freight Inc., an operator within FTZ 137, submitted a notification of proposed production activity to the FTZ Board on behalf of FN America, LLC, within FTZ 137, in Dulles, Virginia. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (85 FR 33622, June 2, 2020). On September 21, 2020, the applicant was notified of the FTZ Board’s decision that no further review PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 60131 of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: September 21, 2020. Andrew McGilvray, Executive Secretary. [FR Doc. 2020–21101 Filed 9–23–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: Walid Chehade, 4855 Hawthorn Lane, Unit 20, Westlake, OH 44145. On May 8, 2019, in the U.S. District Court for the Western District of Michigan, Walid Chehade (‘‘Chehade’’), was convicted of violating 18 U.S.C. 371. Specifically, Chehade was convicted of knowingly and willfully conspiring to export from the United States to Lebanon guns and gun parts designated as defense articles on the United States Munitions List, without first obtaining the required licenses from the U.S. Department of State. Chehade was sentenced to time served, one year of supervised release, a $5,000 fine, 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 received notice of Chehade’s conviction for violating 18 U.S.C. 371, and has provided notice and opportunity for Chehade 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. Chehade’s conviction post-dates ECRA’s enactment on August 13, 2018. 3 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2020). 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 E:\FR\FM\24SEN1.SGM Continued 24SEN1 60132 Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Notices has received a written submission from Chehade. Based upon my review of the record, including Chehade’s written submission from Counsel, and consultations with BIS’s Office of Export Enforcement, including its Director, and the facts available to BIS, I have decided to deny Chehade’s export privileges under the Regulations for a period of seven years from the date of Chehade’s conviction. I have also decided to revoke any BISissued licenses in which Chehade had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until May 8, 2026, Walid Chehade, with a last known address of 4855 Hawthorn Lane, Unit 20, Westlake, OH 44145, 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; (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’’). Section 1768 of ECRA, 50 U.S.C. 4826, 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. See note 1, supra. VerDate Sep<11>2014 17:00 Sep 23, 2020 Jkt 250001 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, pursuant to Section 1760(e) of the Export Control Reform Act (50 U.S.C. 819(e) and Sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Chehade 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, Chehade 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 Chehade and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until May 8, 2026. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Issued this 21st day of September, 2020. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2020–21113 Filed 9–23–20; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–BI59 Atlantic Highly Migratory Species; Amendment 14 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability; request for comments. AGENCY: NMFS announces the availability of Draft Amendment 14 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP). Draft Amendment 14 is being undertaken to revise the mechanism or ‘‘framework’’ used in establishing quotas and related management measures for Atlantic shark fisheries. The current framework was established in Amendment 3 to the 2006 Consolidated Atlantic HMS FMP. The revised framework would modify the procedures followed in establishing the acceptable biological catch (ABC) and annual catch limits (ACLs) for Atlantic sharks and the process used to account for carryover or underharvests of quotas. It would also allow the option to phase-in ABC catch control rules and to adopt multi-year overfishing status determination criteria in some circumstances. Amendment 14 will not make changes to the current quotas or other management measures. Such changes would be adopted through subsequent rulemaking. DATES: Written comments must be received by December 31, 2020. NMFS will hold two operator-assisted public hearings via conference calls and webinars on Draft Amendment 14 in October and November 2020. For specific dates and times, see the SUPPLEMENTARY INFORMATION section of this document. ADDRESSES: Electronic copies of Draft Amendment 14 to the 2006 Consolidated HMS FMP may be obtained on the internet at: https:// www.fisheries.noaa.gov/action/ amendment-14-2006-consolidated-hmsfishery-management-plan-shark-quotamanagement. SUMMARY: E:\FR\FM\24SEN1.SGM 24SEN1

Agencies

[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Notices]
[Pages 60131-60132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21113]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

In the Matter of: Walid Chehade, 4855 Hawthorn Lane, Unit 20, 
Westlake, OH 44145.

    On May 8, 2019, in the U.S. District Court for the Western District 
of Michigan, Walid Chehade (``Chehade''), was convicted of violating 18 
U.S.C. 371. Specifically, Chehade was convicted of knowingly and 
willfully conspiring to export from the United States to Lebanon guns 
and gun parts designated as defense articles on the United States 
Munitions List, without first obtaining the required licenses from the 
U.S. Department of State. Chehade was sentenced to time served, one 
year of supervised release, a $5,000 fine, 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.
---------------------------------------------------------------------------

    \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. Chehade's conviction post-dates 
ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------

    BIS received notice of Chehade's conviction for violating 18 U.S.C. 
371, and has provided notice and opportunity for Chehade 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

[[Page 60132]]

has received a written submission from Chehade.
---------------------------------------------------------------------------

    \3\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2020). 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''). Section 1768 of ECRA, 50 U.S.C. 4826, 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. See note 
1, supra.
---------------------------------------------------------------------------

    Based upon my review of the record, including Chehade's written 
submission from Counsel, and consultations with BIS's Office of Export 
Enforcement, including its Director, and the facts available to BIS, I 
have decided to deny Chehade's export privileges under the Regulations 
for a period of seven years from the date of Chehade's conviction. I 
have also decided to revoke any BIS-issued licenses in which Chehade 
had an interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until May 8, 2026, Walid 
Chehade, with a last known address of 4855 Hawthorn Lane, Unit 20, 
Westlake, OH 44145, 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, pursuant to Section 1760(e) of the Export Control Reform Act 
(50 U.S.C. 819(e) and Sections 766.23 and 766.25 of the Regulations, 
any other person, firm, corporation, or business organization related 
to Chehade 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, Chehade 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 Chehade and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until May 8, 2026.

    Issued this 21st day of September, 2020.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2020-21113 Filed 9-23-20; 8:45 am]
BILLING CODE 3510-DT-P

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