Order Denying Export Privileges; In the Matter of: Robert Herman Fleischer, 20003 N. 23rd Avenue, Apt. 250, Phoenix, AZ 85027, 62988-62989 [2021-24805]
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Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Notices
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the
Matter of: Robert Herman Fleischer,
20003 N. 23rd Avenue, Apt. 250,
Phoenix, AZ 85027
khammond on DSKJM1Z7X2PROD with NOTICES
On August 4, 2017, in the U.S. District
Court for the District of Arizona, Robert
Herman Fleischer (‘‘Fleischer’’) was
convicted of violating Section 38 of the
Arms Export Control Act, 22 U.S.C.
2778 (2012)(‘‘AECA’’), by intentionally
attempting to willfully and knowingly
export and cause to be exported from
the United States to Mexico 2,999
rounds of 7.62 x 39mm caliber
ammunition, manufactured by Igman
Arsenal, which are designated as
defense articles on the United States
Munitions List, without the required
U.S. Department of State licenses.
Fleischer was sentenced to 21 months in
prison, with credit for time served, three
years of supervised release, and a
special assessment of $100. Fleischer
was also placed on the U.S. Department
of State Debarred List.
The Export Administration
Regulations (‘‘EAR’’ or ‘‘Regulations’’)
are administered and enforced by the
U.S. Department of Commerce’s Bureau
of Industry and Security (‘‘BIS’’).1
Section 766.25 of the Regulations
provides, in pertinent part, that the
‘‘Director of [BIS’s] Office of Export
Enforcement, in consultation with the
Director of [BIS’s] Office of Exporter
Services, may deny the export privileges
of any person who has been convicted
of a violation of any of the statues set
forth at 50 U.S.C. 4819 (e)(1)(B),’’ 2
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR Parts 730–
774 (2021). 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 Emergnecy Economic
Powers Act (50 U.S.C. 1701, et seq.) (‘‘IEEPA’’). On
August 13, 2018, the President signed into law the
John S. McCain National Defense Authorization Act
for Fiscal Year 2019, which includes the Export
Control Reform Act of 2018, 50 U.S.C. 4801–4852
(‘‘ECRA’’). While Section 1766 of ECRA repeals the
provisions of the EAA (except for three sections
which are inapplicable here), Section 1768 of ECRA
provides, in pertinent part, that all rules and
regulations that were made or issued under the
EAA, including as continued in effect pursuant to
IEEPA, and were in effect as of ECRA’s date of
enactment (August 13, 2018), shall continue in
effect according to their terms until modified,
superseded, set aside, or revoked through action
undertaken pursuant to the authority provided
under ECRA.
2 The Director, Office of Export Enforcement, is
now the authorizing official for issuance of denial
VerDate Sep<11>2014
16:42 Nov 12, 2021
Jkt 256001
including Section 38 of the AECA. 15
CFR 766.25(a).3 The denial of export
privileges under this provision may be
for a period of up to 10 years from the
date of the conviction. 15 CFR
766.25(d). In addition, pursuant to
Section 750.8 of the Regulations, BIS’s
Office of Exporter Services may revoke
any BIS-issued licenses in which the
person has an interest at the time of his/
her conviction.4
BIS received notice of Fleischer’s
conviction for violating Section 38 of
the AECA, and pursuant to Section
766.25 of the Regulations, has provided
notice and an opportunity for Fleischer
to make a written submission to BIS.
BIS has not received a written
submission from Fleischer.
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 Fleischer’s
export privileges under the Regulations
for a period of seven years from the date
of Fleischer’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued license in which
Fleischer had an interest at the time of
his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
August 4, 2024, Robert Herman
Fleischer, with a last known address of
20003 N. 23rd Avenue, Apt. 250,
Phoenix, AZ 85027, 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,
orders, pursuant to recent amendments to the
Regulations (85 FR 73411, November 18, 2020).
3 As codified at the time of the underlying
conviction at issue, Section 11(h)(1) of the EAA, as
amended, provided that: ‘‘No person convicted of
a violation of this chapter (or any regulation,
license, or older issued under this chapter), any
regulation, license, or order issued under the
International Emergnecy Economic Powers Act [50
U.S.C. 1701, et seq.], section 793, 794 or 798 of title
18, section 783(b) of this title, or section 2778 of
title 22 shall be eligible, at the discretion of the
Secretary, to apply for or use any export license
under this chapter for a period of up to 10 years
from the date of conviction. The Secretary may
revoke any export license under this chapter in
which such person has an interest at the time of
conviction.’’ 50 U.S.C. 4610(h)(1).
4 See notes 1 and 3, supra.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
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, after notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Fleischer 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.
E:\FR\FM\15NON1.SGM
15NON1
Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Notices
Fourth, in accordance with Part 756 of
the Regulations, Fleischer 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 Fleischer and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until August 4, 2024.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–24805 Filed 11–12–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
khammond on DSKJM1Z7X2PROD with NOTICES
In the Matter of: Si Mong Park, 10386
East Painted Turtle Lane; Tucson, AZ
85747; Order Denying Export
Privileges
On September 14, 2020, in the U.S.
District Court for the District of
Columbia, Si Mong Park (‘‘Park’’) was
convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C.
2778) (‘‘AECA’’). Specifically, Park was
convicted of knowingly and willfully
exporting and causing to be exported
from the United States to South Korea,
defense articles, that is, technical data
related to launch vehicles, guided
missiles, ballistic missiles, rockets,
torpedoes, bombs and mines, and
technical data related to enumerated
aircraft and aircraft related articles,
which are all designated as defense
articles on the United States Munitions
List, without having first obtained from
the Department of State a license for
such export or written authorization for
such export. Park was sentenced to 21
months in prison, 36 months of
supervised release and a $100
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, Section 38
of the AECA, 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’’)
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. Park’s conviction post-dates ECRA’s
enactment on August 13, 2018.
VerDate Sep<11>2014
16:42 Nov 12, 2021
Jkt 256001
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 Park’s
conviction for violating Section 38 of
the AECA, and has provided notice and
opportunity for Park 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 Park.
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 Park’s export
privileges under the Regulations for a
period of seven years from the date of
Park’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Park had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
September 14, 2027, Si Mong Park, with
a last known address of 10386 East
Painted Turtle Lane, Tucson, AZ 85747,
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
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR Parts 730–
774 (2021).
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).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
62989
from any other activity subject to the
Regulations.
Second, no person may, directly or
indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) 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 Park 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, Park 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 Park and shall be published
in the Federal Register.
E:\FR\FM\15NON1.SGM
15NON1
]]>Agencies
[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 62988-62989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24805]
[[Page 62988]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the Matter of: Robert Herman
Fleischer, 20003 N. 23rd Avenue, Apt. 250, Phoenix, AZ 85027
On August 4, 2017, in the U.S. District Court for the District of
Arizona, Robert Herman Fleischer (``Fleischer'') was convicted of
violating Section 38 of the Arms Export Control Act, 22 U.S.C. 2778
(2012)(``AECA''), by intentionally attempting to willfully and
knowingly export and cause to be exported from the United States to
Mexico 2,999 rounds of 7.62 x 39mm caliber ammunition, manufactured by
Igman Arsenal, which are designated as defense articles on the United
States Munitions List, without the required U.S. Department of State
licenses. Fleischer was sentenced to 21 months in prison, with credit
for time served, three years of supervised release, and a special
assessment of $100. Fleischer was also placed on the U.S. Department of
State Debarred List.
The Export Administration Regulations (``EAR'' or ``Regulations'')
are administered and enforced by the U.S. Department of Commerce's
Bureau of Industry and Security (``BIS'').\1\ Section 766.25 of the
Regulations provides, in pertinent part, that the ``Director of [BIS's]
Office of Export Enforcement, in consultation with the Director of
[BIS's] Office of Exporter Services, may deny the export privileges of
any person who has been convicted of a violation of any of the statues
set forth at 50 U.S.C. 4819 (e)(1)(B),'' \2\ including Section 38 of
the AECA. 15 CFR 766.25(a).\3\ The denial of export privileges under
this provision may be for a period of up to 10 years from the date of
the conviction. 15 CFR 766.25(d). In addition, pursuant to Section
750.8 of the Regulations, BIS's Office of Exporter Services may revoke
any BIS-issued licenses in which the person has an interest at the time
of his/her conviction.\4\
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR Parts 730-774 (2021). 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
Emergnecy Economic Powers Act (50 U.S.C. 1701, et seq.) (``IEEPA'').
On August 13, 2018, the President signed into law the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, which
includes the Export Control Reform Act of 2018, 50 U.S.C. 4801-4852
(``ECRA''). While Section 1766 of ECRA repeals the provisions of the
EAA (except for three sections which are inapplicable here), Section
1768 of ECRA provides, in pertinent part, that all rules and
regulations that were made or issued under the EAA, including as
continued in effect pursuant to IEEPA, and were in effect as of
ECRA's date of enactment (August 13, 2018), shall continue in effect
according to their terms until modified, superseded, set aside, or
revoked through action undertaken pursuant to the authority provided
under ECRA.
\2\ 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).
\3\ As codified at the time of the underlying conviction at
issue, Section 11(h)(1) of the EAA, as amended, provided that: ``No
person convicted of a violation of this chapter (or any regulation,
license, or older issued under this chapter), any regulation,
license, or order issued under the International Emergnecy Economic
Powers Act [50 U.S.C. 1701, et seq.], section 793, 794 or 798 of
title 18, section 783(b) of this title, or section 2778 of title 22
shall be eligible, at the discretion of the Secretary, to apply for
or use any export license under this chapter for a period of up to
10 years from the date of conviction. The Secretary may revoke any
export license under this chapter in which such person has an
interest at the time of conviction.'' 50 U.S.C. 4610(h)(1).
\4\ See notes 1 and 3, supra.
---------------------------------------------------------------------------
BIS received notice of Fleischer's conviction for violating Section
38 of the AECA, and pursuant to Section 766.25 of the Regulations, has
provided notice and an opportunity for Fleischer to make a written
submission to BIS. BIS has not received a written submission from
Fleischer.
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 Fleischer's export privileges
under the Regulations for a period of seven years from the date of
Fleischer's conviction. The Office of Exporter Services has also
decided to revoke any BIS-issued license in which Fleischer had an
interest at the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until August 4, 2024, Robert
Herman Fleischer, with a last known address of 20003 N. 23rd Avenue,
Apt. 250, Phoenix, AZ 85027, 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, after notice and opportunity for comment as provided in
Section 766.23 of the Regulations, any other person, firm, corporation,
or business organization related to Fleischer 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.
[[Page 62989]]
Fourth, in accordance with Part 756 of the Regulations, Fleischer
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 Fleischer and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until August 4, 2024.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-24805 Filed 11-12-21; 8:45 am]
BILLING CODE 3510-DT-P
