Order Denying Export Privileges; In the Matter of: Mark Komoroski, 620 Fairchild Street, Nanticoke, PA 18634, 75029-75030 [2022-26517]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security

[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75029-75030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26517]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges; In the Matter of: Mark 
Komoroski, 620 Fairchild Street, Nanticoke, PA 18634

    On February 14, 2020, in the U.S. District Court for the Middle 
District of Pennsylvania, Mark Komoroski (``Komoroski''), was convicted 
of violating the International Emergency Economic Powers Act (50 U.S.C 
1701, et seq.) (``IEEPA''). Specifically, Komoroski was convicted of 
unlawfully and willfully attempting to export and attempting to cause 
and to be exported from the United States to Russia one Leupold VX-6, 
1-6x24mm CDS Matte FireDot Circle 112319 riflescope, an item designated 
ECCN 0A987 on the Commerce Control List at the time of export, and 
which required a license for export to Russia. Komoroski failed to 
first obtain the required authorization and license for such export 
from the U.S. Department of Commerce. As a result of his conviction, 
the Court sentenced Komoroski to seven months incarceration, two years 
of supervised release, $100 court assessment, and a $1,000 fine. 
Komoroski was also placed on U.S. Department of State's debarred list.
    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.
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    \1\ ECRA was enacted on August 13, 2018, 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.
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    BIS received notice of Komoroski's conviction for violating IEEPA, 
and has provided notice and opportunity for Komoroski 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 and considered a written submission from 
Komoroski.
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    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730 through 774 (2022).
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    Based upon my review of the record, including Komoroski's 
submission, and consultations with BIS's Office of Exporter Services, 
including its Director, and the facts available to BIS, I have decided 
to deny Komoroski's export privileges under the Regulations for a 
period of 10 years from the date of Komoroski's conviction. The Office 
of Exporter Services has also decided to revoke any BIS-issued licenses 
in which Komoroski had an interest at the time of his conviction.\3\
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    \3\ The Director, Office of Export Enforcement, is the 
authorizing official for issuance of denial orders, pursuant to 
amendments to the Regulations (85 FR 73411, November 18, 2020).
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    Accordingly, it is hereby ordered:
    First, from the date of this Order until February 14, 2030, Mark 
Komoroski, with a last known address of, 620 Fairchild Street, 
Nanticoke, PA 18634, 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,

[[Page 75030]]

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, reexport, or transfer (in-country) 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 Komoroski 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, Komoroski 
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 Komoroski and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until February 14, 2030.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-26517 Filed 12-6-22; 8:45 am]
BILLING CODE 3510-33-P