In the Matter of: Patrick Germain, 1837 Leland Avenue, Evanston, IL 60201; Order Denying Export Privileges, 70583-70584 [2020-24514]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Notices
licenses in which Sanchez had an
interest at the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
February 14, 2029, Oswaldo Sanchez,
with a last known address of 17216
Running Doe Street, Laredo, TX 78045–
5509, 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
VerDate Sep<11>2014
20:36 Nov 04, 2020
Jkt 253001
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. 4819(e)) and Sections 766.23 and
766.25 of the Regulations, any other
person, firm, corporation, or business
organization related to Sanchez 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, Sanchez 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 Sanchez and shall be
published in the Federal Register.
Sixth, this order is effective
immediately and shall remain in effect
until February 14, 2029.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2020–24521 Filed 11–4–20; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Patrick Germain, 1837
Leland Avenue, Evanston, IL 60201;
Order Denying Export Privileges
On May 16, 2019, in the U.S. District
Court for the Northern District of
Illinois, Patrick Germain (‘‘Germain’’)
was convicted of violating 18 U.S.C.
554(a). Specifically, Germain was
convicted of knowingly and
fraudulently attempting to export
firearms and ammunition from the
United States to Haiti, contrary to the
laws and regulations of the United
States. Germain was sentenced to time
served, two years supervised release and
a $100 special assessment.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
70583
Pursuant to Section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),1
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, 18 U.S.C.
554(a), 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 Bureau of
Industry and Security (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 Germain’s
conviction for violating 18 U.S.C.
554(a), and has provided notice and
opportunity for Germain to make a
written submission to BIS, as provided
in Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’). 15 CFR 766.25.2 BIS
has received a written submission from
Germain.
Based upon my review of the record,
including Germain’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
Germain’s export privileges under the
Regulations for a period of 10 years from
the date of Germain’s conviction. I have
also decided to revoke any BIS-issued
licenses in which Germain had an
interest at the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
May 16, 2029, Patrick Germain, with a
last known address of 1837 Leland
Avenue, Evanston, IL 60201, 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
1 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. Germain’s conviction post-dates
ECRA’s enactment on August 13, 2018.
2 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.
E:\FR\FM\05NON1.SGM
05NON1
khammond on DSKJM1Z7X2PROD with NOTICES
70584
Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Notices
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,
VerDate Sep<11>2014
20:36 Nov 04, 2020
Jkt 253001
maintenance, repair, modification or
testing.
Third, pursuant to Section 1760(e) of
the Export Control Reform Act (50
U.S.C. 4819(e)) and Sections 766.23 and
766.25 of the Regulations, any other
person, firm, corporation, or business
organization related to Germain 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, Germain 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 Germain and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until May 16, 2029.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2020–24514 Filed 11–4–20; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Materials and Equipment Technical
Advisory Committee; Notice of
Partially Closed Meeting
The Materials and Equipment
Technical Advisory Committee will
meet on November 19, 2020, 10:00 a.m.,
Eastern Daylight Time, via
teleconference. 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
materials and related technology.
Open Session
1. Opening Remarks and Introduction
by BIS Senior Management.
2. Presentation by Joel Kreps, Clara
Foods Company.
3. Public Comments and New Business.
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).
Frm 00009
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2020–24536 Filed 11–4–20; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Notice of Final Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 15, 2020, the
Department of Commerce (Commerce)
published the preliminary results of a
changed circumstances review of the
antidumping duty order on certain
frozen warmwater shrimp (shrimp) from
India. For these final results, Commerce
continues to find that Hyson Exports
Private Limited (Hyson Exports) is the
successor-in-interest to Hyson Logistics
and Marine Exports Private Limited
(Hyson Logistics).
AGENCY:
Agenda
PO 00000
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 12,
2020.
A limited number of slots 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. Written
statements may be submitted at any
time before or after the meeting.
However, to facilitate distribution of
public presentation materials to
Committee members, the materials
should be forwarded 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 December 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
pre-decisional changes to the Commerce
Control List and the 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.
Fmt 4703
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]]>Agencies
[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Notices]
[Pages 70583-70584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24514]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Patrick Germain, 1837 Leland Avenue, Evanston,
IL 60201; Order Denying Export Privileges
On May 16, 2019, in the U.S. District Court for the Northern
District of Illinois, Patrick Germain (``Germain'') was convicted of
violating 18 U.S.C. 554(a). Specifically, Germain was convicted of
knowingly and fraudulently attempting to export firearms and ammunition
from the United States to Haiti, contrary to the laws and regulations
of the United States. Germain was sentenced to time served, two years
supervised release and a $100 special assessment.
Pursuant to Section 1760(e) of the Export Control Reform Act
(``ECRA''),\1\ the export privileges of any person who has been
convicted of certain offenses, including, but not limited to, 18 U.S.C.
554(a), 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 Bureau of Industry and Security (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.
---------------------------------------------------------------------------
\1\ 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. Germain's conviction post-dates
ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------
BIS received notice of Germain's conviction for violating 18 U.S.C.
554(a), and has provided notice and opportunity for Germain 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.\2\ BIS has received a written submission from Germain.
---------------------------------------------------------------------------
\2\ 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 Germain'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 Germain's export privileges under the Regulations
for a period of 10 years from the date of Germain's conviction. I have
also decided to revoke any BIS-issued licenses in which Germain had an
interest at the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until May 16, 2029, Patrick
Germain, with a last known address of 1837 Leland Avenue, Evanston, IL
60201, 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
[[Page 70584]]
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. 4819(e)) and Sections 766.23 and 766.25 of the Regulations,
any other person, firm, corporation, or business organization related
to Germain 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, Germain 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 Germain and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until May 16, 2029.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2020-24514 Filed 11-4-20; 8:45 am]
BILLING CODE 3510-DT-P
