In the Matter of: Virgil Griffith, Inmate Number: 79038-112, FCI Allenwood Low, Federal Correctional Institution, P.O. Box 1000, White Deer, PA 17887; Order Denying Export Privileges, 30718-30719 [2023-10105]

Download as PDF 30718 Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices calling the Federal Relay Service at 1– 800–877–8339 and providing the Service with the conference call number and conference ID number. Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be emailed to Corrine Sanders at csanders@ usccr.gov. Persons who desire additional information may contact the Regional Programs Unit at (312) 353– 8311. Records generated from this meeting may be inspected and reproduced at the Regional Programs Unit Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Pennsylvania Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s website, https:// www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address. Agenda I. Welcome from Iowa Advisory Committee Chair II. Administrative Announcements III. Discuss Civil Rights Topics IV. Public Comment V. Discuss Next Steps VI. Adjournment Dated: May 8, 2023. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2023–10139 Filed 5–11–23; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–32–2023] lotter on DSK11XQN23PROD with NOTICES1 Foreign-Trade Zone 128—Whatcom County, Washington; Application for Reorganization Under Alternative Site Framework An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Lummi Indian Business Council, grantee of FTZ 128, requesting authority to reorganize the zone under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR 400.2(c)). The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new subzones or ‘‘usagedriven’’ FTZ sites for operators/users located within a grantee’s ‘‘service area’’ VerDate Sep<11>2014 19:11 May 11, 2023 Jkt 259001 in the context of the FTZ Board’s standard 2,000-acre activation limit for a zone. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on May 9, 2023. FTZ 128 was approved by the FTZ Board on September 4, 1986 (Board Order 334, 51 FR 32237, September 10, 1986). The current zone includes the following sites: Site 1 (123 acres)— Lummi Indian Reservation, 2830 Kwina Road, Bellingham. The grantee’s proposed service area under the ASF would be all Lummi Nation property which encompasses the Lummi Indian Reservation plus all property owned by the Lummi Nation outside the exterior boundaries of the Lummi Indian Reservation in Washington, as described in the application. If approved, the grantee would be able to serve sites throughout the service area based on companies’ needs for FTZ designation. The application indicates that the proposed service area is within and adjacent to the Bellingham Customs and Border Protection port of entry. The applicant is requesting authority to reorganize its existing zone to include the existing site as a ‘‘magnet’’ site. The ASF allows for the possible exemption of one magnet site from the ‘‘sunset’’ time limits that generally apply to sites under the ASF, and the applicant proposes that Site 1 be so exempted. No subzones/usage-driven sites are being requested at this time. In accordance with the FTZ Board’s regulations, Qahira El-Amin of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is July 11, 2023. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to July 26, 2023. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Qahira El-Amin at Qahira.El-Amin@ trade.gov. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Dated: May 9, 2023. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2023–10210 Filed 5–11–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Virgil Griffith, Inmate Number: 79038–112, FCI Allenwood Low, Federal Correctional Institution, P.O. Box 1000, White Deer, PA 17887; Order Denying Export Privileges On April 12, 2022, in the U.S. District Court for the Southern District of New York, Virgil Griffith (‘‘Griffith’’), was convicted of two counts of violating the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.) (‘‘IEEPA’’). Specifically, Griffith was convicted of exporting services to North Korea without the required authorization from the Department of Treasury and evading and avoiding U.S. sanctions on North Korea. As a result of his conviction, the Court sentenced Griffith to 63 months of confinement, three years of supervised release, $100 assessment and $100,000 criminal fine. 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. BIS received notice of Griffith’s conviction for violating IEEPA, and has provided notice and opportunity for Griffith 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 Griffith. Based upon my review of the record, including Griffith’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 Griffith’s export 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. 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2022). E:\FR\FM\12MYN1.SGM 12MYN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices privileges under the Regulations for a period of ten years from the date of Griffith’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Griffith had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until April 12, 2032, Virgil Griffith, with a last known address of Inmate Number: 79038–112, FCI Allenwood Low, Federal Correctional Institution, P.O. Box 1000, White Deer, PA 17887, 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, 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 Griffith 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, Griffith 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 Griffith and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until April 12, 2032. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–10105 Filed 5–11–23; 8:45 am] BILLING CODE 3510–DT–P 19:11 May 11, 2023 Jkt 259001 PO 00000 DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Juan Marvin Garcia, Inmate Number: 23021–509, FCI Beaumont Medium, Federal Correctional Institution, P.O. Box 26040; Beaumont, TX 77720; Order Denying Export Privileges On October 13, 2021, in the U.S. District Court for the Southern District of Texas, Juan Marvin Garcia (‘‘Garcia’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Garcia was convicted of smuggling from the United States to Mexico approximately 12,800 rounds of 7.62 x 39mm ammunition, 150 rounds of 38 Special ammunition, 60 rounds of .223 caliber ammunition, and one Stoeger Cougar 9mm pistol without written approval from United States Department of Commerce. As a result of his conviction, the Court sentenced Garcia to 36 months of confinement, three years of supervised release and $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, 18 U.S.C. 554, 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). 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 Garcia’s conviction for violating 18 U.S.C. 554. As provided in section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’), BIS provided notice and opportunity for Garcia to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Garcia. 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 Garcia’s export privileges under the Regulations for a period of seven years from the date of Garcia’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which 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. 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2022). 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). VerDate Sep<11>2014 30719 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\12MYN1.SGM 12MYN1

Agencies

[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30718-30719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10105]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Virgil Griffith, Inmate Number: 79038-112, FCI 
Allenwood Low, Federal Correctional Institution, P.O. Box 1000, White 
Deer, PA 17887; Order Denying Export Privileges

    On April 12, 2022, in the U.S. District Court for the Southern 
District of New York, Virgil Griffith (``Griffith''), was convicted of 
two counts of violating the International Emergency Economic Powers Act 
(50 U.S.C. 1701, et seq.) (``IEEPA''). Specifically, Griffith was 
convicted of exporting services to North Korea without the required 
authorization from the Department of Treasury and evading and avoiding 
U.S. sanctions on North Korea. As a result of his conviction, the Court 
sentenced Griffith to 63 months of confinement, three years of 
supervised release, $100 assessment and $100,000 criminal fine.
    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 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.
---------------------------------------------------------------------------

    BIS received notice of Griffith's conviction for violating IEEPA, 
and has provided notice and opportunity for Griffith 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 
Griffith.
---------------------------------------------------------------------------

    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2022).
---------------------------------------------------------------------------

    Based upon my review of the record, including Griffith'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 Griffith's export

[[Page 30719]]

privileges under the Regulations for a period of ten years from the 
date of Griffith's conviction. The Office of Exporter Services has also 
decided to revoke any BIS-issued licenses in which Griffith had an 
interest at the time of his conviction.\3\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    Accordingly, it is hereby ordered:
    First, from the date of this Order until April 12, 2032, Virgil 
Griffith, with a last known address of Inmate Number: 79038-112, FCI 
Allenwood Low, Federal Correctional Institution, P.O. Box 1000, White 
Deer, PA 17887, 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, 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 Griffith 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, Griffith 
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 Griffith and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until April 12, 2032.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-10105 Filed 5-11-23; 8:45 am]
BILLING CODE 3510-DT-P
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