In the Matter of: Samet Doyduk, 32 E 10th Avenue, Runnemede, NJ 08078-1128; Order Denying Export Privileges, 39401-39402 [2023-12948]
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices
Director, and the facts available to BIS,
I have decided to deny Espinoza’s
export privileges under the Regulations
for a period of 10 years from the date of
Espinoza’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Espinoza had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
December 14, 2030, Eli Espinoza, with
a last known address of Inmate Number:
19495–479, FCI Three Rivers, Federal
Correctional Institution, P.O. Box 4200,
Three Rivers, TX 78071, 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;
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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17:43 Jun 15, 2023
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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 and sections 766.23 and 766.25 of
the Regulations, any other person, firm,
corporation, or business organization
related to Espinoza 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, Espinoza 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 Espinoza and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until December 14, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–12953 Filed 6–15–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Samet Doyduk, 32 E
10th Avenue, Runnemede, NJ 08078–
1128; Order Denying Export Privileges
On July 12, 2022, in the U.S. District
Court for the District of New Jersey,
PO 00000
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Fmt 4703
Sfmt 4703
39401
Samet Doyduk (‘‘Doyduk’’) was
convicted of violating 18 U.S.C. 371.
Specifically, Doyduk was convicted of
conspiring to export firearm parts
purchased in the United States to be
shipped to Turkey and the Republic of
Georgia. As a result of his conviction,
the Court sentenced Doyduk to 15
months of imprisonment, three years of
supervised release and $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.
371, 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 has received notice of Doyduk’s
conviction for violating 18 U.S.C. 371.
The Regulations provide that before
taking action to deny a person’s export
privileges under section 766.25, BIS
shall provide the person written notice
of the proposed action and an
opportunity to comment through a
written submission, ‘‘unless exceptional
circumstances exist.’’ 15 CFR 766.25(b).
In this case, BIS made two unsuccessful
attempts to serve Doyduk written notice
and an opportunity to comment through
a written submission. The first attempt
was sent via UPS and was returned to
BIS stamped ‘‘RECEIVER DID NOT
WANT, REFUSED DELIVERY’’. The
second attempt was sent via certified
mail—return receipt requested. BIS has
not received a receipt and the United
States Post Office tracker indicates the
‘‘STATUS IS NOT AVAILABLE’’. As a
result, exceptional circumstances exist.
However, as set forth below, the
opportunity to appeal this Order
pursuant to Part 756 of the Regulations
remains available to Doyduk.
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 Doyduk’s export
privileges under the Regulations for a
period of seven years from the date of
Doyduk’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.
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ddrumheller on DSK120RN23PROD with NOTICES1
39402
Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices
Doyduk had an interest at the time of
his conviction.2
Accordingly, it is hereby ordered:
First, from the date of this Order until
July 12, 2029, Samet Doyduk, with a last
known address of 32 E 10th Avenue,
Runnemede, NJ 08078–1128, 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
2 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
17:43 Jun 15, 2023
Jkt 259001
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 and sections 766.23 and 766.25 of
the Regulations, any other person, firm,
corporation, or business organization
related to Doyduk 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, Doyduk 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 Doyduk and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until July 12, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–12948 Filed 6–15–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Patrick Lee Sousa,
Inmate Number: 79996–112, FCI
Sheridan, Federal Correctional
Institution, P.O. Box 5000, Sheridan,
OR 97378; Order Denying Export
Privileges
On October 29, 2021, in the U.S.
District Court for the Central District of
California, Patrick Lee Sousa (‘‘Sousa’’)
was convicted of violating 18 U.S.C.
371. Specifically, Sousa was convicted
of conspiring to knowingly,
intentionally, and willfully engage in
PO 00000
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Fmt 4703
Sfmt 4703
the business of dealing firearms without
a license. As a result of his conviction,
the Court sentenced Sousa to 57 months
of confinement, three years of
supervised release, and a $300
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.
371, 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 Sousa’s
conviction for violating 18 U.S.C. 371.
As provided in section 766.25 of the
Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’), BIS
provided notice and opportunity for
Sousa to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Sousa.
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 Sousa’s export
privileges under the Regulations for a
period of 10 years from the date of
Sousa’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Sousa had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
October 29, 2031, Patrick Lee Sousa,
with a last known address of Inmate
Number: 79996–112, FCI Sheridan,
Federal Correctional Institution, P.O.
Box 5000, Sheridan, OR 97378, 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
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).
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]]>Agencies
[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39401-39402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12948]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Samet Doyduk, 32 E 10th Avenue, Runnemede, NJ
08078-1128; Order Denying Export Privileges
On July 12, 2022, in the U.S. District Court for the District of
New Jersey, Samet Doyduk (``Doyduk'') was convicted of violating 18
U.S.C. 371. Specifically, Doyduk was convicted of conspiring to export
firearm parts purchased in the United States to be shipped to Turkey
and the Republic of Georgia. As a result of his conviction, the Court
sentenced Doyduk to 15 months of imprisonment, three years of
supervised release and $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.
371, 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.
---------------------------------------------------------------------------
\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 has received notice of Doyduk's conviction for violating 18
U.S.C. 371. The Regulations provide that before taking action to deny a
person's export privileges under section 766.25, BIS shall provide the
person written notice of the proposed action and an opportunity to
comment through a written submission, ``unless exceptional
circumstances exist.'' 15 CFR 766.25(b). In this case, BIS made two
unsuccessful attempts to serve Doyduk written notice and an opportunity
to comment through a written submission. The first attempt was sent via
UPS and was returned to BIS stamped ``RECEIVER DID NOT WANT, REFUSED
DELIVERY''. The second attempt was sent via certified mail--return
receipt requested. BIS has not received a receipt and the United States
Post Office tracker indicates the ``STATUS IS NOT AVAILABLE''. As a
result, exceptional circumstances exist. However, as set forth below,
the opportunity to appeal this Order pursuant to Part 756 of the
Regulations remains available to Doyduk.
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 Doyduk's export privileges
under the Regulations for a period of seven years from the date of
Doyduk's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which
[[Page 39402]]
Doyduk had an interest at the time of his conviction.\2\
---------------------------------------------------------------------------
\2\ 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 July 12, 2029, Samet
Doyduk, with a last known address of 32 E 10th Avenue, Runnemede, NJ
08078-1128, 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 ECRA and sections 766.23 and
766.25 of the Regulations, any other person, firm, corporation, or
business organization related to Doyduk 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, Doyduk 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 Doyduk and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until July 12, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-12948 Filed 6-15-23; 8:45 am]
BILLING CODE 3510-DT-P
