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, 11224-11225 [2021-03825]
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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
khammond on DSKJM1Z7X2PROD with NOTICES
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
ECRA (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 Bhatt 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, Bhatt 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 Bhatt and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until September 16, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–03825 Filed 2–23–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Jesse Rodriguez, 2025
Dana Avenue #F6, Brownsville, TX
78521; Order Denying Export
Privileges
On January 16, 2019, in the U.S.
District Court for the Southern District
of Texas, Jesse Rodriguez (‘‘Rodriguez’’),
was convicted of violating 18 U.S.C.
554(a). Specifically, Rodriguez was
convicted of fraudulently and
knowingly facilitating the
transportation, concealment, and sale of
merchandise, including .223 and 7.62
caliber ammunition, which are defense
articles as defined under the United
States Munitions List, in violation of 18
U.S.C. 554. Rodriguez was sentenced to
30 months in prison, supervised release
for one year, 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.
BIS received notice of Rodriguez’s
conviction for violating 18 U.S.C.
554(a), and has provided notice and
opportunity for Rodriguez to make a
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. Rodriguez’s conviction post-dates
ECRA’s enactment on August 13, 2018.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
11225
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 Rodriguez.
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 Rodriguez’s
export privileges under the Regulations
for a period of five years from the date
of Rodriguez’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Rodriguez had an interest at the time of
his conviction.3
Accordingly, it is hereby Ordered:
First, from the date of this Order until
January 16, 2024, Jesse Rodriguez, with
a last known address of 2025 Dana
Avenue #F6, Brownsville, TX 78521,
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
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 11224-11225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03825]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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 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\
---------------------------------------------------------------------------
\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 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,
[[Page 11225]]
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 ECRA (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 Bhatt 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, Bhatt 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 Bhatt and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until September 16, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-03825 Filed 2-23-21; 8:45 am]
BILLING CODE 3510-DT-P
