In the Matter of: Robert Wise, 145 Cliff Avenue, Pelham, NY 10803; Order Denying Export Privileges, 57852-57853 [2024-15618]
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57852
Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Notices
Arizona within Subzone 75V. The
notification conforming to the
requirements of the Board’s regulations
(15 CFR 400.22) was received on July 8,
2024.
Pursuant to 15 CFR 400.14(b), FTZ
production activity would be limited to
the specific foreign-status material(s)/
component(s) and specific finished
product(s) described in the submitted
notification (summarized below) and
subsequently authorized by the Board.
The benefits that may stem from
conducting production activity under
FTZ procedures are explained in the
background section of the Board’s
website—accessible via www.trade.gov/
ftz.
The proposed finished products
include: cylindrical lithium-ion battery
cells and lithium-iron phosphate pouchtype batteries (duty-rate 3.4%).
The proposed foreign-status
materials/components include: anode
conductive agents; cathode conductive
agents; N-methyl-2-pyrrolidone (NMP)
[solvent]; insulation solution comprised
of NMP, based aluminum oxide
hydroxide, tannic acid, polyvinylidene
fluoride and, styrene butadiene rubber
solution; anode active material
comprised of artificial and natural
graphite and, silicon monoxide (SiO);
cathode active materials comprised of
lithium nickel manganese cobalt oxides
and lithium, iron and, phosphoric acid
(LFP(LiFePO4); conductive agents
comprised of NMP base, multi-wall
carbon nano tube, water based singlewall carbon nano tube; electrolytes
comprised of lithium
hexafluorophosphate, ethylene,
dimethyl, ethyl methyl and vinylene
carbonates and, ethylene sulfate);
cathode binders comprised of
polyvinylidene fluoride; anode
additives comprised of carboxymethyl
cellulose; insulation tapes; jelly roll
tapes; seal tapes; stack cell tapes;
separators comprised of polyethylene
alumina (Al2O3) coated, polyethylene
film and, polypropylene film); pouch;
anode binders; styrene-butadiene
rubber; cathode additives; copper or
nickel-plated copper anode current
collectors; copper foil; aluminum foil;
aluminum cathode current collectors;
aluminum and nickel-plated steel
riveting can; stainless steel ventilation
assemblies; lead assembly electrode
current collectors comprised of
aluminum cathodes, copper anode, or
nickel-plated copper); and,
polypropylene top insulators (duty rate
ranges from duty-free to 6.5%).
The request indicates that the
materials/components are subject to
duties under section 301 of the Trade
Act of 1974 (section 301), depending on
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16:55 Jul 15, 2024
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the country of origin. The applicable
section 301 decisions require subject
merchandise to be admitted to FTZs in
privileged foreign status (19 CFR
146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is August
26, 2024.
A copy of the notification will be
available for public inspection in the
‘‘Online FTZ Information System’’
section of the Board’s website.
For further information, contact
Christopher Wedderburn at
Chris.Wedderburn@trade.gov.
Dated: July 10, 2024.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2024–15599 Filed 7–15–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–40–2024]
cap plate covers (polycarbonate);
forming nails (plastics); battery cell
enclosure (aluminum can); positive
connectors (aluminum); sealing nails
(aluminum); insulation (polyester film);
polyethylene terephthalate tape
(adhesive in rolls); negative connectors
(copper); and, separators for electrical
charges (cellular plastic) (duty rate
ranges from duty-free to 6.5%). The
request indicates that the materials/
components are subject to duties under
section 301 of the Trade Act of 1974
(section 301), depending on the country
of origin. The applicable section 301
decisions require subject merchandise
to be admitted to FTZs in privileged
foreign status (19 CFR 146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is August
26, 2024.
A copy of the notification will be
available for public inspection in the
‘‘Online FTZ Information System’’
section of the Board’s website.
For further information, contact
Christopher Wedderburn at
Chris.Wedderburn@trade.gov.
Foreign-Trade Zone (FTZ) 78,
Notification of Proposed Production
Activity; AESC US LLC; (Lithium-Ion
Battery Cells); Smyrna, Tennessee
Dated: July 10, 2024.
Elizabeth Whiteman,
Executive Secretary.
AESC US LLC, submitted a
notification of proposed production
activity to the FTZ Board (the Board) for
its facility in Smyrna, Tennessee within
Subzone 78L. The notification
conforming to the requirements of the
Board’s regulations (15 CFR 400.22) was
received on July 8, 2024.
Pursuant to 15 CFR 400.14(b), FTZ
production activity would be limited to
the specific foreign-status material(s)/
component(s) and specific finished
product(s) described in the submitted
notification (summarized below) and
subsequently authorized by the Board.
The benefits that may stem from
conducting production activity under
FTZ procedures are explained in the
background section of the Board’s
website—accessible via www.trade.gov/
ftz. The proposed finished product(s)
and material(s)/component(s) would be
added to the production authority that
the Board previously approved for the
operation, as reflected on the Board’s
website.
The proposed finished product is
lithium-ion battery cells (duty rate
3.4%).
The proposed foreign-status
materials/components include:
aluminum caps for cell enclosure;
bottom support plate (polypropylene);
BILLING CODE 3510–DS–P
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[FR Doc. 2024–15600 Filed 7–15–24; 8:45 am]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Robert Wise, 145 Cliff
Avenue, Pelham, NY 10803; Order
Denying Export Privileges
On December 4, 2023, in the U.S.
District Court for the Southern District
of New York, Robert Wise (‘‘Wise’’) was
convicted of violating 18 U.S.C. 371.
Specifically, Wise was convicted of
conspiring to commit international
money laundering by using
international wire transfers to conduct
U.S. dollar transactions for the benefit of
a sanctioned Russian oligarch. As a
result of his conviction, the Court
sentenced Wise to time served, two
years of supervised release, with the
first 12 months in home detention, and
a $100,000 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,
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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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 136 / Tuesday, July 16, 2024 / Notices
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 Wise’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
Wise to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Wise.
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 Wise’s export
privileges under the Regulations for a
period of five years from the date of
Wise’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Wise had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
December 4, 2028, Robert Wise, with a
last known address of 145 Cliff Avenue,
Pelham, NY 10803, 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
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2024).
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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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 Wise 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, Wise 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.
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57853
Fifth, a copy of this Order shall be
delivered to Wise and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until December 4, 2028.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024–15618 Filed 7–15–24; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Ruben Arnulfo
Chavarin, 1042 E 15th Street, Douglas,
AZ 85607; Order Denying Export
Privileges
On April 9, 2021, in the U.S. District
Court for the District of Arizona, Ruben
Arnulfo Chavarin (‘‘Chavarin’’) was
convicted of violating 18 U.S.C. 554(a).
Specifically, Chavarin was convicted of
smuggling ammunition from the United
States to Mexico. As a result of his
conviction, the Court sentenced
Chavarin to 78 months of imprisonment,
with credit for time served, three years
of supervised release, a $100 special
assessment and additional monetary
penalties of $10,307.20.
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 Chavarin’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
Chavarin to make a written submission
to BIS. 15 CFR 66.25.2 BIS has not
received a written submission from
Chavarin.
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,
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 (2024).
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]]>Agencies
[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Notices]
[Pages 57852-57853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15618]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Robert Wise, 145 Cliff Avenue, Pelham, NY
10803; Order Denying Export Privileges
On December 4, 2023, in the U.S. District Court for the Southern
District of New York, Robert Wise (``Wise'') was convicted of violating
18 U.S.C. 371. Specifically, Wise was convicted of conspiring to commit
international money laundering by using international wire transfers to
conduct U.S. dollar transactions for the benefit of a sanctioned
Russian oligarch. As a result of his conviction, the Court sentenced
Wise to time served, two years of supervised release, with the first 12
months in home detention, and a $100,000 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,
[[Page 57853]]
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 received notice of Wise'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 Wise to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a written submission from Wise.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2024).
---------------------------------------------------------------------------
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 Wise's export privileges under
the Regulations for a period of five years from the date of Wise's
conviction. The Office of Exporter Services has also decided to revoke
any BIS-issued licenses in which Wise 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 December 4, 2028, Robert
Wise, with a last known address of 145 Cliff Avenue, Pelham, NY 10803,
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 Wise 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, Wise 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 Wise and shall be
published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until December 4, 2028.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024-15618 Filed 7-15-24; 8:45 am]
BILLING CODE 3510-DT-P
