In the Matter of: Igor Panchernikov, 13870 Ellis Park Trl, Corona, CA 92880-3312; Order Denying Export Privileges, 19805-19806 [2024-05814]

Download as PDF Federal Register / Vol. 89, No. 55 / Wednesday, March 20, 2024 / Notices DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Alejandro Valles, 507 19 N Eagle Eye Rd., Aguila, AZ 85320 and P.O. Box 744, Aguila, AZ 85320 Order Denying Export Privileges khammond on DSKJM1Z7X2PROD with NOTICES On February 14, 2022, in the U.S. District Court for the District of Arizona, Alejandro Valles (‘‘Valles’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Valles was convicted of smuggling a M203 40mm grenade launcher barrel from the United States to Mexico. As a result of his conviction, the Court sentenced Valles to 15 months of imprisonment with credit for time served, three years of supervised release, and a special $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 Valles’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 Valles to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Valles. 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 Valles’s export privileges under the Regulations for a period of five years from the date of Valles’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Valles had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until February 14, 2027, Alejandro Valles, 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 (2023). 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 16:52 Mar 19, 2024 Jkt 262001 with last known addresses of 507 19 N Eagle Eye Rd., Aguila, AZ 85320 and P.O. Box 744, Aguila, AZ 85320, 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 19805 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 Valles 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, Valles 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 Valles and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until February 14, 2027. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2024–05811 Filed 3–19–24; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Igor Panchernikov, 13870 Ellis Park Trl, Corona, CA 92880–3312; Order Denying Export Privileges On June 26, 2023, in the U.S. District Court for the Central District of California, Igor Panchernikov (‘‘Panchernikov’’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C 2778) (‘‘AECA’’). Specifically, Panchernikov was convicted of conspiring to knowingly and willfully export from the United States to Russia defense articles, including thermal imaging riflescopes and night vision goggles, that were covered by the United States Munitions List without first obtaining the required license or written approval from United States Department of State. As a result of his conviction, the Court sentenced Panchernikov to 27 months in prison, E:\FR\FM\20MRN1.SGM 20MRN1 khammond on DSKJM1Z7X2PROD with NOTICES 19806 Federal Register / Vol. 89, No. 55 / Wednesday, March 20, 2024 / Notices one year of supervised release and a $100 special assessment. Pursuant to section 1760(e) of the Export Control Reform Act (‘‘ECRA’’), the export privileges of any person who has been convicted of certain offenses, including, but not limited to, Section 38 of the AECA, may be denied for a period of up to ten (10) years from the date of his/her conviction. See 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 Panchernikov’s conviction for violating section 38 of the AECA. BIS provided notice and opportunity for Panchernikov 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 Panchernikov. 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 Panchernikov’s export privileges under the Regulations for a period of 10 years from the date of Panchernikov’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Panchernikov had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until June 26, 2033, Igor Panchernikov, with a last known address of 13870 Ellis Park Trl, Corona, CA 92880–3312, 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, 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2023). 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 16:52 Mar 19, 2024 Jkt 262001 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 (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 Panchernikov 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. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Fourth, in accordance with part 756 of the Regulations, Panchernikov 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 Panchernikov and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until June 26, 2033. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2024–05814 Filed 3–19–24; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Martin Najera, Inmate Number: 00416–510, FCI Texarkana, Federal Correctional Institution, P.O. Box 7000, Texarkana, TX 75505; Order Denying Export Privileges On December 19, 2022, in the U.S. District Court for the Western District of Texas, Martin Najera (‘‘Najera’’) was convicted of violating 18 U.S.C. 371 and 18 U.S.C. 554(a). Specifically, Najera was convicted of conspiring to smuggle firearms from the United States to Mexico. As a result of his conviction, the Court sentenced Najera to 37 months of imprisonment, three years of supervised release, restitution of $7,513.70 and a $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 and 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 Najera’s conviction for violating 18 U.S.C. 371 and 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 Najera to make a 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. E:\FR\FM\20MRN1.SGM 20MRN1

Agencies

[Federal Register Volume 89, Number 55 (Wednesday, March 20, 2024)]
[Notices]
[Pages 19805-19806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05814]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Igor Panchernikov, 13870 Ellis Park Trl, 
Corona, CA 92880-3312; Order Denying Export Privileges

    On June 26, 2023, in the U.S. District Court for the Central 
District of California, Igor Panchernikov (``Panchernikov'') was 
convicted of violating Section 38 of the Arms Export Control Act (22 
U.S.C 2778) (``AECA''). Specifically, Panchernikov was convicted of 
conspiring to knowingly and willfully export from the United States to 
Russia defense articles, including thermal imaging riflescopes and 
night vision goggles, that were covered by the United States Munitions 
List without first obtaining the required license or written approval 
from United States Department of State. As a result of his conviction, 
the Court sentenced Panchernikov to 27 months in prison,

[[Page 19806]]

one year of supervised release and a $100 special assessment.
    Pursuant to section 1760(e) of the Export Control Reform Act 
(``ECRA''), the export privileges of any person who has been convicted 
of certain offenses, including, but not limited to, Section 38 of the 
AECA, may be denied for a period of up to ten (10) years from the date 
of his/her conviction. See 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 Panchernikov's conviction for violating 
section 38 of the AECA. BIS provided notice and opportunity for 
Panchernikov 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 Panchernikov.
---------------------------------------------------------------------------

    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2023).
---------------------------------------------------------------------------

    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 Panchernikov's export 
privileges under the Regulations for a period of 10 years from the date 
of Panchernikov's conviction. The Office of Exporter Services has also 
decided to revoke any BIS-issued licenses in which Panchernikov 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 June 26, 2033, Igor 
Panchernikov, with a last known address of 13870 Ellis Park Trl, 
Corona, CA 92880-3312, 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 (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 Panchernikov 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, 
Panchernikov 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 Panchernikov and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until June 26, 2033.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024-05814 Filed 3-19-24; 8:45 am]
BILLING CODE 3510-DT-P

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