In the Matter of: Bradley Jon Matheny, 1701 10th Street, Marion, IA 52302; Order Denying Export Privileges, 55663-55664 [2023-17542]

Download as PDF Federal Register / Vol. 88, No. 157 / Wednesday, August 16, 2023 / Notices 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 Ismail 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, Ismail 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 Ismail and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until December 3, 2026. Jason Seltzer, Acting Director, Office of Export Enforcement. [FR Doc. 2023–17540 Filed 8–15–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security lotter on DSK11XQN23PROD with NOTICES1 In the Matter of: Bradley Jon Matheny, 1701 10th Street, Marion, IA 52302; Order Denying Export Privileges On November 12, 2021, in the U.S. District Court for the Northern District of Iowa, Bradley Jon Matheny (‘‘Matheny’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Matheny was convicted of smuggling from the United States to Arad, Israel, .117 caliber hunting pellets and smuggling from the United States to Sderot, Israel and Scottsville, South Africa, a Winchester 42-piece firearm brush cleaning kit. As a result of his conviction, the Court sentenced Matheny to 36 months of confinement, three years of supervised release, $1,000 assessment, $10,000 criminal fine and $256,441.78 in restitution. VerDate Sep<11>2014 19:39 Aug 15, 2023 Jkt 259001 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 Matheny’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 Matheny to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Matheny. 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 Matheny’s export privileges under the Regulations for a period of seven years from the date of Matheny’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Matheny had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until November 12, 2028, Bradley Jon Matheny, with a last known address of 1701 10th Street, Marion, IA 52302, 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, 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). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 55663 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 ECRA and sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Matheny 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\16AUN1.SGM 16AUN1 55664 Federal Register / Vol. 88, No. 157 / Wednesday, August 16, 2023 / Notices Fourth, in accordance with part 756 of the Regulations, Matheny 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 Matheny and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until November 12, 2028. Jason Seltzer, Acting Director, Office of Export Enforcement. [FR Doc. 2023–17542 Filed 8–15–23; 8:45 am] BILLING CODE 3501–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security lotter on DSK11XQN23PROD with NOTICES1 In the Matter of: Vladimir Volgaev, 1300 Boulevard of the Arts, Apt. 502, Sarasota, FL 34236; Order Denying Export Privileges On August 4, 2020, in the U.S. District Court for the Middle District of Florida, Vladimir Volgaev (‘‘Volgaev’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Volgaev was convicted of smuggling and attempting to smuggle firearm parts from the United States to Ukraine without having obtained a license or other approval from the U.S. Department of State. As a result of his conviction, the Court sentenced Volgaev to 33 months of confinement, one year of supervised release, $200 assessment and $6,835 in restitution. 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 Volgaev’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 Volgaev to make a written submission to 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. VerDate Sep<11>2014 19:39 Aug 15, 2023 Jkt 259001 BIS. 15 CFR 766.25.2 BIS has not received a written submission from Volgaev. 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 Volgaev’s export privileges under the Regulations for a period of 10 years from the date of Volgaev’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Volgaev had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until August 4, 2030, Vladimir Volgaev, with a last known address of 1300 Boulevard of the Arts, Apt. 502, Sarasota, FL 34236, 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 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). PO 00000 Frm 00004 Fmt 4703 Sfmt 9990 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 Volgaev 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, Volgaev 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 Volgaev and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until August 4, 2030. Jason Seltzer, Acting Director, Office of Export Enforcement. [FR Doc. 2023–17541 Filed 8–15–23; 8:45 am] BILLING CODE 3510–DT–P E:\FR\FM\16AUN1.SGM 16AUN1

Agencies

[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Notices]
[Pages 55663-55664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17542]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Bradley Jon Matheny, 1701 10th Street, Marion, 
IA 52302; Order Denying Export Privileges

    On November 12, 2021, in the U.S. District Court for the Northern 
District of Iowa, Bradley Jon Matheny (``Matheny'') was convicted of 
violating 18 U.S.C. 554(a). Specifically, Matheny was convicted of 
smuggling from the United States to Arad, Israel, .117 caliber hunting 
pellets and smuggling from the United States to Sderot, Israel and 
Scottsville, South Africa, a Winchester 42-piece firearm brush cleaning 
kit. As a result of his conviction, the Court sentenced Matheny to 36 
months of confinement, three years of supervised release, $1,000 
assessment, $10,000 criminal fine and $256,441.78 in restitution.
    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.
---------------------------------------------------------------------------

    \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 Matheny'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 Matheny to make a written submission to BIS. 15 CFR 
766.25.\2\ BIS has not received a written submission from Matheny.
---------------------------------------------------------------------------

    \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 and consultations with BIS's 
Office of Exporter Services, including its Director, and the facts 
available to BIS, I have decided to deny Matheny's export privileges 
under the Regulations for a period of seven years from the date of 
Matheny's conviction. The Office of Exporter Services has also decided 
to revoke any BIS-issued licenses in which Matheny 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 November 12, 2028, Bradley 
Jon Matheny, with a last known address of 1701 10th Street, Marion, IA 
52302, 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 Matheny 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 55664]]

    Fourth, in accordance with part 756 of the Regulations, Matheny 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 Matheny and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until November 12, 2028.

Jason Seltzer,
Acting Director, Office of Export Enforcement.
[FR Doc. 2023-17542 Filed 8-15-23; 8:45 am]
BILLING CODE 3501-DT-P
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