Materials and Equipment Technical Advisory Committee; Revised: Notice of Partially Closed Meeting, 58546-58547 [2023-18440]
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lotter on DSK11XQN23PROD with NOTICES1
58546
Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices
interest at the time of the conviction,
may be revoked. Id.
BIS received notice of Xie’s
conviction for violating section 38 of the
AECA. BIS provided notice and
opportunity for Xie 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 Xie.
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 Xie’s export
privileges under the Regulations for a
period of 10 years from the date of Xie’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which Xie had an
interest at the time of his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
March 30, 2032, Tuqiang Xie, with a last
known address of 110 Espina, Irvine,
CA 92620, 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:
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
15:55 Aug 25, 2023
Jkt 259001
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 (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 Xie 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, Xie 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 Xie and shall be published
in the Federal Register.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Sixth, this Order is effective
immediately and shall remain in effect
until March 30, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–18439 Filed 8–25–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Materials and Equipment Technical
Advisory Committee; Revised: Notice
of Partially Closed Meeting
The Materials and Equipment
Technical Advisory Committee will
meet on September 7 and 8, 2023, at
1:00 p.m., Eastern Daylight Time, at the
AC Hotel, 1333 Veterans Boulevard,
South San Francisco, CA 94080. The
Committee advises the Office of the
Assistant Secretary for Export
Administration with respect to technical
questions that affect the level of export
controls applicable to transportation
and related equipment or technology.
The purpose of the meeting is to have
Committee members and U.S.
Government representatives mutually
review updated technical data and
policy-driving information that has been
gathered.
Agenda
September 7, 2023–1:00 p.m.–5:00 p.m.
EST
Open Session
1. Opening Remarks and Introduction
by BIS Senior Management.
2. Report from working groups.
3. Report by regime representatives.
September 8, 2023–1:00 p.m.–5:00 p.m.
EST
Closed Session
4. Discussion of matters determined to
be exempt from the open meeting and
public participation requirements found
in sections 1009(a)(1) and 1009(a)(3) of
the Federal Advisory Committee Act
(FACA) (5 U.S.C. 1001–1014). The
exemption is authorized by section
1009(d) of the FACA, which permits the
closure of advisory committee meetings,
or portions thereof, if the head of the
agency to which the advisory committee
reports determines such meetings may
be closed to the public in accordance
with subsection (c) of the Government
in the Sunshine Act (5 U.S.C. 552b(c)).
In this case, the applicable provisions of
5 U.S.C. 552b(c) are subsection
552b(c)(4), which permits closure to
protect trade secrets and commercial or
financial information that is privileged
E:\FR\FM\28AUN1.SGM
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Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices
or confidential, and subsection
552b(c)(9)(B), which permits closure to
protect information that would be likely
to significantly frustrate implementation
of a proposed agency action were it to
be disclosed prematurely. The closed
session of the meeting will involve
committee discussions and guidance
regarding U.S. Government strategies
and policies.
The open session will be accessible
via teleconference. To join the
conference, submit inquiries to Yvette
Springer at Yvette.Springer@bis.doc.gov,
no later than September 4, 2023.
A limited number of seats will be
available for the public session.
Reservations are not accepted. To the
extent time permits, members of the
public may present oral statements to
the Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
distribution of public presentation
materials to Committee members, the
Committee suggests that presenters
forward the public presentation
materials prior to the meeting to Ms.
Springer.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on April 12, 2023,
pursuant to 5 U.S.C. chapter 10 of the
FACA, (5 U.S.C. 1009(d)), that the
portion of the meeting dealing with predecisional changes to the Commerce
Control List and the U.S. export control
policies shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. 1009(a)(1) and
1009(a)(3). The remaining portions of
the meeting will be open to the public.
For more information, contact Ms.
Springer.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2023–18440 Filed 8–25–23; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
lotter on DSK11XQN23PROD with NOTICES1
In the Matter of: Naomi Natal Haynes,
Inmate Number: 19838–104, FCI
Aliceville, P.O. Box 4000, Aliceville, AL
35442; Order Denying Export
Privileges
On January 11, 2021, in the U.S.
District Court for the Southern District
of Florida, Naomi Natal Haynes
(‘‘Haynes’’) was convicted of violating
18 U.S.C. 371. Specifically, Haynes was
convicted of conspiring to fraudulently
and knowingly export and send firearms
from the United States to Canada
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15:55 Aug 25, 2023
Jkt 259001
without the required license. As a result
of her conviction, the Court sentenced
her to 84 months in prison, three years
of supervised release, a $200 assessment
and $18,240.18 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
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 Haynes
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
Haynes to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Haynes.
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 Haynes’s export
privileges under the Regulations for a
period of 10 years from the date of
Haynes’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Haynes had an interest at the time of her
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
January 11, 2031, Naomi Natal Haynes,
with a last known address of Inmate
Number: 19838–104, FCI Aliceville,
P.O. Box 4000, Aliceville, AL 35442 and
when acting for or on her behalf, her
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:
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
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Fmt 4703
Sfmt 4703
58547
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
ECRA and sections 766.23 and 766.25 of
the Regulations, any other person, firm,
corporation, or business organization
related to Haynes by ownership, control,
E:\FR\FM\28AUN1.SGM
28AUN1
]]>Agencies
[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Notices]
[Pages 58546-58547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18440]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Materials and Equipment Technical Advisory Committee; Revised:
Notice of Partially Closed Meeting
The Materials and Equipment Technical Advisory Committee will meet
on September 7 and 8, 2023, at 1:00 p.m., Eastern Daylight Time, at the
AC Hotel, 1333 Veterans Boulevard, South San Francisco, CA 94080. The
Committee advises the Office of the Assistant Secretary for Export
Administration with respect to technical questions that affect the
level of export controls applicable to transportation and related
equipment or technology. The purpose of the meeting is to have
Committee members and U.S. Government representatives mutually review
updated technical data and policy-driving information that has been
gathered.
Agenda
September 7, 2023-1:00 p.m.-5:00 p.m. EST
Open Session
1. Opening Remarks and Introduction by BIS Senior Management.
2. Report from working groups.
3. Report by regime representatives.
September 8, 2023-1:00 p.m.-5:00 p.m. EST
Closed Session
4. Discussion of matters determined to be exempt from the open
meeting and public participation requirements found in sections
1009(a)(1) and 1009(a)(3) of the Federal Advisory Committee Act (FACA)
(5 U.S.C. 1001-1014). The exemption is authorized by section 1009(d) of
the FACA, which permits the closure of advisory committee meetings, or
portions thereof, if the head of the agency to which the advisory
committee reports determines such meetings may be closed to the public
in accordance with subsection (c) of the Government in the Sunshine Act
(5 U.S.C. 552b(c)). In this case, the applicable provisions of 5 U.S.C.
552b(c) are subsection 552b(c)(4), which permits closure to protect
trade secrets and commercial or financial information that is
privileged
[[Page 58547]]
or confidential, and subsection 552b(c)(9)(B), which permits closure to
protect information that would be likely to significantly frustrate
implementation of a proposed agency action were it to be disclosed
prematurely. The closed session of the meeting will involve committee
discussions and guidance regarding U.S. Government strategies and
policies.
The open session will be accessible via teleconference. To join the
conference, submit inquiries to Yvette Springer at
[email protected], no later than September 4, 2023.
A limited number of seats will be available for the public session.
Reservations are not accepted. To the extent time permits, members of
the public may present oral statements to the Committee. The public may
submit written statements at any time before or after the meeting.
However, to facilitate distribution of public presentation materials to
Committee members, the Committee suggests that presenters forward the
public presentation materials prior to the meeting to Ms. Springer.
The Assistant Secretary for Administration, with the concurrence of
the delegate of the General Counsel, formally determined on April 12,
2023, pursuant to 5 U.S.C. chapter 10 of the FACA, (5 U.S.C. 1009(d)),
that the portion of the meeting dealing with pre-decisional changes to
the Commerce Control List and the U.S. export control policies shall be
exempt from the provisions relating to public meetings found in 5
U.S.C. 1009(a)(1) and 1009(a)(3). The remaining portions of the meeting
will be open to the public.
For more information, contact Ms. Springer.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2023-18440 Filed 8-25-23; 8:45 am]
BILLING CODE 3510-JT-P
