Order; In the Matter of: Nicolas Ayala, 25 NE Fifth Street Apt 1720, Miami, FL 33132, 66676-66677 [2024-18398]
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66676
Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices
Sixth, this Order is effective
immediately and shall remain in effect
until August 18 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024–18399 Filed 8–15–24; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
lotter on DSK11XQN23PROD with NOTICES1
Order Denying Export Privileges; In the
Matter of: Yi-Chi Shih, Currently
Incarcerated at: Inmate Number:
75830–112, FCI Lompoc, 3600 Guard
Road, Lompoc, CA 93436 and With an
Address at: 3040 Beckman Road, Los
Angeles, CA 90068
On November 17, 2023, the U.S.
District Court for the Central District of
California entered judgment against YiChi Shih (‘‘Shih’’) for violating (among
other statutes) 50 U.S.C. 1705 (‘‘IEEPA’’)
and 18 U.S.C. 1001. Specifically, Shih
was convicted of knowingly and
willfully exporting Monolithic
Microwave Integrated Circuits (MMIC)
from the United States to China without
the required licenses. He was also found
to have made false statements to federal
agents.
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, 50 U.S.C.
1705 and 18 U.S.C. 1001, 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 Shih’s
conviction for violating 50 U.S.C. 1705
and 18 U.S.C. 1001. As provided in
section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’), BIS provided notice
and opportunity for Shih to make a
written submission to BIS. 15 CFR
766.25.2 BIS has not received a written
submission from Shih.
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).
VerDate Sep<11>2014
17:33 Aug 15, 2024
Jkt 262001
I have decided to deny Shih’s export
privileges under the Regulations for a
period of 10 years from the date of
Shih’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Shih had an interest at the time of his
conviction.3
Accordingly, it is hereby Ordered:
First, from the date of this Order until
November 17, 2033,Yi-Chi Shih, with
last known addresses of: currently
incarcerated at: Inmate Number: 75830–
112, FCI Lompoc, 3600 Guard Road,
Lompoc, CA 93436, and with an address
at: 3040 Beckman Road, Los Angeles,
CA 90068, 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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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 Shih 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, Shih 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 Shih and shall be published
in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until November 17, 2033.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024–18400 Filed 8–15–24; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order; In the Matter of: Nicolas Ayala,
25 NE Fifth Street Apt 1720, Miami, FL
33132
On September 6, 2023, I issued an
Order 1 denying Nicholas Ayala
1 88
E:\FR\FM\16AUN1.SGM
FR 62536 (Sept. 12, 2023).
16AUN1
Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices
(‘‘Ayala’’) all U.S. export privileges until
November 16, 2032, pursuant to section
1760(e) of the Export Control Reform
Act (‘‘ECRA’’),2 and section 766.25 of
the Export Administration Regulations,3
and based on a criminal conviction of
violating 18 U.S.C. 371 and 18 U.S.C.
554.
Whereas, in the September 6, 2023
Order, Ayala’s first name was
misspelled in the caption and the text
of the Order. The correct spelling
should be ‘‘Nicolas Ayala’’ instead of
‘‘Nicholas Ayala’’;
Whereas, the September 6, 2023 Order
identified Ayala’s address as ‘‘Inmate
Number: 97331–509, FCI Edgefield, P.O.
Box 725, Edgefield, SC 29824’’;
Whereas, the Office of Export
Enforcement, Bureau of Industry and
Security, U.S. Department of Commerce
(‘‘Department’’), has confirmed that the
address is no longer correct, and that
Ayala’s current last known address is
‘‘25 NE Fifth Street Apt 1720, Miami, FL
33132’’.
Accordingly, it is hereby ordered:
First, the September 6, 2023 Order
denying all U.S. export privileges to
Ayala is amended by correcting the
spelling of the Respondent’s name to
Nicolas Ayala in the caption and text of
the Order.
Second, the September 6, 2023 Order
denying all U.S. export privileges to
Ayala is amended by deleting the
address ‘‘Inmate Number: 97331–509,
FCI Edgefield, P.O. Box 725, Edgefield,
SC 29824’’ and by adding the address
‘‘25 NE Fifth Street Apt 1720, Miami, FL
33132’’. In all other aspects, the
September 6, 2023 Order remains in full
force and effect.
This Order, which is effective
immediately, shall be published in the
Federal Register.
John Sonderman,
Director, Office of Exporter Services.
[FR Doc. 2024–18398 Filed 8–15–24; 8:45 am]
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 3510–DT–P
2 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.
3 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2024).
VerDate Sep<11>2014
17:33 Aug 15, 2024
Jkt 262001
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the
Matter of: Rami Najm Ghanem, Inmate
Number: 73420–112, MCFP Springfield,
Federal Medical Center, P.O. Box 4000,
Springfield, MO 65801
On October 31, 2022, in the U.S.
District Court for the Central District of
California, Rami Najm Ghanem
(‘‘Ghanem’’) was convicted of violating
18 U.S.C. 371, 18 U.S.C. 554 and section
38 of the Arms Export Control Act (22
U.S.C 2778) (‘‘AECA’’). Specifically,
Ghanem was convicted of having
knowingly and willfully engaged in the
business of weapons brokering activities
without the required licenses, and of
having engaged in negotiating and
arranging contracts, purchases, sales,
and transfers of defense articles, foreign
defense articles, defense services, and
foreign defense services, including for
machine guns.
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, 18 U.S.C.
371, 18 U.S.C. 554 and 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 Ghanem’s
convictions for violating 18 U.S.C. 371,
18 U.S.C. 554 and section 38 of the
AECA. BIS provided notice and
opportunity for Ghanem 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 Ghanem.
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 Ghanem’s export
privileges under the Regulations for a
period of 10 years from the date of
Ghanem’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
2 The
Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2024).
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Fmt 4703
Sfmt 4703
66677
Ghanem had an interest at the time of
his conviction.3
Accordingly, it is hereby Ordered:
First, from the date of this Order until
October 31, 2032, Rami Najm Ghanem,
with a last known address of Inmate
Number: 73420–112, MCFP Springfield,
Federal Medical Center, P.O. Box 4000,
Springfield, MO 65801, 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;
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).
E:\FR\FM\16AUN1.SGM
16AUN1
]]>Agencies
[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Notices]
[Pages 66676-66677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18398]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order; In the Matter of: Nicolas Ayala, 25 NE Fifth Street Apt
1720, Miami, FL 33132
On September 6, 2023, I issued an Order \1\ denying Nicholas Ayala
[[Page 66677]]
(``Ayala'') all U.S. export privileges until November 16, 2032,
pursuant to section 1760(e) of the Export Control Reform Act
(``ECRA''),\2\ and section 766.25 of the Export Administration
Regulations,\3\ and based on a criminal conviction of violating 18
U.S.C. 371 and 18 U.S.C. 554.
---------------------------------------------------------------------------
\1\ 88 FR 62536 (Sept. 12, 2023).
\2\ 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.
\3\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2024).
---------------------------------------------------------------------------
Whereas, in the September 6, 2023 Order, Ayala's first name was
misspelled in the caption and the text of the Order. The correct
spelling should be ``Nicolas Ayala'' instead of ``Nicholas Ayala'';
Whereas, the September 6, 2023 Order identified Ayala's address as
``Inmate Number: 97331-509, FCI Edgefield, P.O. Box 725, Edgefield, SC
29824'';
Whereas, the Office of Export Enforcement, Bureau of Industry and
Security, U.S. Department of Commerce (``Department''), has confirmed
that the address is no longer correct, and that Ayala's current last
known address is ``25 NE Fifth Street Apt 1720, Miami, FL 33132''.
Accordingly, it is hereby ordered:
First, the September 6, 2023 Order denying all U.S. export
privileges to Ayala is amended by correcting the spelling of the
Respondent's name to Nicolas Ayala in the caption and text of the
Order.
Second, the September 6, 2023 Order denying all U.S. export
privileges to Ayala is amended by deleting the address ``Inmate Number:
97331-509, FCI Edgefield, P.O. Box 725, Edgefield, SC 29824'' and by
adding the address ``25 NE Fifth Street Apt 1720, Miami, FL 33132''. In
all other aspects, the September 6, 2023 Order remains in full force
and effect.
This Order, which is effective immediately, shall be published in
the Federal Register.
John Sonderman,
Director, Office of Exporter Services.
[FR Doc. 2024-18398 Filed 8-15-24; 8:45 am]
BILLING CODE 3510-DT-P
