In the Matter of: Fahad Saleem Kharbey, Inmate Number: 66834-018, FMC Lexington, Federal Medical Center, P.O. Box 14500, Lexington, KY 40512; Order Denying Export Privileges, 11223-11224 [2021-03823]
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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Notices
closing period for their receipt is April
5, 2021.
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
Juanita Chen at juanita.chen@trade.gov
or 202–482–1378.
Dated: February 18, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–03784 Filed 2–23–21; 8:45 am]
formally determined on February 9,
2021, 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 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.
BILLING CODE 3510–DS–P
[FR Doc. 2021–03816 Filed 2–23–21; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE 3510–JT–P
Bureau of Industry and Security
Transportation and Related Equipment
Technical Advisory Committee; Notice
of Partially Closed Meeting
DEPARTMENT OF COMMERCE
The Transportation and Related
Equipment Technical Advisory
Committee will meet on March 10,
2021, at 11:30 a.m., Eastern Standard
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 transportation
and related equipment or technology.
In the Matter of: Fahad Saleem
Kharbey, Inmate Number: 66834–018,
FMC Lexington, Federal Medical
Center, P.O. Box 14500, Lexington, KY
40512; Order Denying Export
Privileges
Agenda
khammond on DSKJM1Z7X2PROD with NOTICES
Public Session
1. Welcome and Introductions.
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 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 March 3, 2021.
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,
VerDate Sep<11>2014
17:21 Feb 23, 2021
Jkt 253001
Bureau of Industry and Security
On May 31, 2019, in the U.S. District
Court for the Middle District of Florida,
Fahad Saleem Kharbey (‘‘Kharbey’’),
was convicted of violating 18 U.S.C.
554(a). Specifically, Kharbey was
convicted of fraudulently and
knowingly exporting firearms and
magazines, designated as defense
articles on the United States Munitions
List, from the United States to Dubai,
United Arab Emirates, without having
first obtained a license or other approval
from the United Department of State, in
violation of 18 U.S.C. 554. Kharbey was
sentenced to 36 months in prison,
supervised release for three years, a
$200 special assessment and restitution
of $755,281.13.
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. Kharbey’s conviction post-dates ECRA’s
enactment on August 13, 2018.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
11223
BIS received notice of Kharbey’s
conviction for violating 18 U.S.C.
554(a), and has provided notice and
opportunity for Kharbey 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 not received a written submission
from Kharbey.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Kharbey’s export
privileges under the Regulations for a
period of seven years from the date of
Kharbey’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Kharbey had an interest at the time of
his conviction.3
Accordingly, it is hereby Ordered:
First, from the date of this Order until
May 31, 2026, Fahad Saleem Kharbey,
with a last known address of Inmate
Number: 66834–018, FMC Lexington,
Federal Medical Center,
P.O. Box 14500, Lexington, KY 40512,
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,
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 above.
3 The Director, Office of Export Enforcement, is
now the authorizing official for issuance of denial
orders, pursuant to recent amendments to the
Regulations (85 FR 73411, November 18, 2020).
E:\FR\FM\24FEN1.SGM
24FEN1
khammond on DSKJM1Z7X2PROD with NOTICES
11224
Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Notices
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 Kharbey 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.
VerDate Sep<11>2014
17:21 Feb 23, 2021
Jkt 253001
Fourth, in accordance with Part 756 of
the Regulations, Kharbey 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 Kharbey and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until May 31, 2026.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–03823 Filed 2–23–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Siddharth Bhatt, 170
West Polk Street, #1402, Chicago, IL
60605 and 201 Mamta Building, Jain
Derasar Marg, Santa-Cruz (West),
Mumbai, Maharashtra (India) 400054;
Order Denying Export Privileges
On September 16, 2020, in the U.S.
District Court for the District of
Columbia, Bhatt (‘‘Bhatt’’), was
convicted of violating the International
Emergency Economic Powers Act (50
U.S.C. 1701, et seq.) (‘‘IEEPA’’).
Specifically, Bhatt was convicted of
willfully exporting, and attempting to
export and causing to be exported a
U.S.-origin thermal imaging camera
from the United States to the UAE,
without having first obtained the
required license from the U.S.
Department of Commerce. Bhatt was
sentenced to probation for a term of 48
months, a $100 assessment, and a fine
of $2,500.
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, IEEPA,
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. Bhatt’s conviction post-dates ECRA’s
enactment on August 13, 2018.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
BIS received notice of Bhatt’s
conviction for violating IEEPA, and has
provided notice and opportunity for
Bhatt 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 not received a written
submission from Bhatt.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Bhatt’s export
privileges under the Regulations for a
period of 10 years from the date of
Bhatt’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Bhatt had an interest at the time of his
conviction.3
Accordingly, it is hereby Ordered:
First, from the date of this Order until
September 16, 2030, Siddharth Bhatt,
with last known addresses of 170 West
Polk Street, #1402, Chicago, IL 60605
and 201 Mamta Building, Jain Derasar
Marg, Santa-Cruz (West), Mumbai,
Maharashtra (India) 400054, 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,
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 above.
3 The Director, Office of Export Enforcement, is
now the authorizing official for issuance of denial
orders, pursuant to recent amendments to the
Regulations (85 FR 73411, November 18, 2020).
E:\FR\FM\24FEN1.SGM
24FEN1
]]>Agencies
[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Notices]
[Pages 11223-11224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03823]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Fahad Saleem Kharbey, Inmate Number: 66834-018,
FMC Lexington, Federal Medical Center, P.O. Box 14500, Lexington, KY
40512; Order Denying Export Privileges
On May 31, 2019, in the U.S. District Court for the Middle District
of Florida, Fahad Saleem Kharbey (``Kharbey''), was convicted of
violating 18 U.S.C. 554(a). Specifically, Kharbey was convicted of
fraudulently and knowingly exporting firearms and magazines, designated
as defense articles on the United States Munitions List, from the
United States to Dubai, United Arab Emirates, without having first
obtained a license or other approval from the United Department of
State, in violation of 18 U.S.C. 554. Kharbey was sentenced to 36
months in prison, supervised release for three years, a $200 special
assessment and restitution of $755,281.13.
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. Kharbey's conviction post-dates
ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------
BIS received notice of Kharbey's conviction for violating 18 U.S.C.
554(a), and has provided notice and opportunity for Kharbey 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 not received a written submission from Kharbey.
---------------------------------------------------------------------------
\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
above.
---------------------------------------------------------------------------
Based upon my review of the record and consultations with BIS's
Office of Exporter Services, including its Director, and the facts
available to BIS, I have decided to deny Kharbey's export privileges
under the Regulations for a period of seven years from the date of
Kharbey's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Kharbey had an interest at
the time of his conviction.\3\
---------------------------------------------------------------------------
\3\ The Director, Office of Export Enforcement, is now the
authorizing official for issuance of denial orders, pursuant to
recent amendments to the Regulations (85 FR 73411, November 18,
2020).
---------------------------------------------------------------------------
Accordingly, it is hereby Ordered:
First, from the date of this Order until May 31, 2026, Fahad Saleem
Kharbey, with a last known address of Inmate Number: 66834-018, FMC
Lexington, Federal Medical Center,
P.O. Box 14500, Lexington, KY 40512, 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,
[[Page 11224]]
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 Kharbey 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, Kharbey 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 Kharbey and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until May 31, 2026.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-03823 Filed 2-23-21; 8:45 am]
BILLING CODE 3510-DT-P
