In the Matter of: Nicholas Hovan, Inmate Number: 69967-066, FDC Houston, Federal Detention Center, P.O. Box 526255, Houston, TX 77052; Order Denying Export Privileges, 79518-79519 [2024-22341]

Download as PDF 79518 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices maintenance, repair, modification or testing. Third, pursuant to section 1760(e) of the Export Control Reform Act (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 Thwaites 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, Thwaites 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 Thwaites and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until January 10, 2034. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2024–22340 Filed 9–27–24; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security ddrumheller on DSK120RN23PROD with NOTICES1 In the Matter of: Nicholas Hovan, Inmate Number: 69967–066, FDC Houston, Federal Detention Center, P.O. Box 526255, Houston, TX 77052; Order Denying Export Privileges On January 10, 2024, in the U.S. District Court for the Eastern District of Pennsylvania, Nicholas Hovan (‘‘Hovan’’), was convicted of violating 18 U.S.C. 371 and the International Emergency Economic Powers Act (50 U.S.C 1701, et seq.) (‘‘IEEPA’’). Specifically, Hovan was convicted of conspiring to sell sanctioned Iranian petroleum/crude oil to a refinery in China. As a result of his conviction, the Court sentenced Hovan to 12 months plus one day of imprisonment, two years of supervised release, and a fine of $3,000. 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. 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 17:51 Sep 27, 2024 Jkt 262001 371 and IEEPA, 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) (Prior Convictions). 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 Hovan’s conviction for violating 18 U.S.C. 371 and IEEPA, and has provided notice and opportunity for Hovan 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 Hovan. 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 Hovan’s export privileges under the Regulations for a period of 10 years from the date of Hovan’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Hovan had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until January 10, 2034, Nicholas Hovan, with a last known address of Inmate Number: 69967–066, FDC Houston, Federal Detention Center, P.O. Box 526255, Houston, TX 77052, 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 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). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 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 the Export Control Reform Act (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 Hovan 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, Hovan may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed E:\FR\FM\30SEN1.SGM 30SEN1 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices 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 Hovan and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until January 10, 2034. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2024–22341 Filed 9–27–24; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security ddrumheller on DSK120RN23PROD with NOTICES1 In the Matter of: Melony Erice, Inmate Number: 26513–104, FCI Marianna, Federal Correctional Institution, P.O. Box 7007, Marianna, FL 32447; Order Denying Export Privileges On September 2, 2023, in the U.S. District Court for the Central District of California, Melony Erice (‘‘Erice’’), was convicted of violating 18 U.S.C. 371. Specifically, Erice was convicted of participating in a conspiracy to sell technical drawings stolen from the U.S. government to domestic and foreign customers.. As a result of her conviction, the Court sentenced Erice to 18 months in prison and three years of supervised release. 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 Erice’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 Erice to make a written submission to BIS. 15 CFR 766.25.2 BIS has not 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 17:51 Sep 27, 2024 Jkt 262001 received a written submission from Erice. 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 Erice’s export privileges under the Regulations for a period of five years from the date of Erice’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Erice had an interest at the time of her conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until September 29, 2028, Melony Erice, with a last known address of Inmate Number: 26513–104, FCI Marianna, Federal Correctional Institution, P.O. Box 7007, Marianna, FL 32447, 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: 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 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 00019 Fmt 4703 Sfmt 9990 79519 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 Erice 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, Erice 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 Erice and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until September 29, 2028. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2024–22333 Filed 9–27–24; 8:45 am] BILLING CODE 3510–DT–P E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Notices]
[Pages 79518-79519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22341]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Nicholas Hovan, Inmate Number: 69967-066, FDC 
Houston, Federal Detention Center, P.O. Box 526255, Houston, TX 77052; 
Order Denying Export Privileges

    On January 10, 2024, in the U.S. District Court for the Eastern 
District of Pennsylvania, Nicholas Hovan (``Hovan''), was convicted of 
violating 18 U.S.C. 371 and the International Emergency Economic Powers 
Act (50 U.S.C 1701, et seq.) (``IEEPA''). Specifically, Hovan was 
convicted of conspiring to sell sanctioned Iranian petroleum/crude oil 
to a refinery in China. As a result of his conviction, the Court 
sentenced Hovan to 12 months plus one day of imprisonment, two years of 
supervised release, and a fine of $3,000.
    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 IEEPA, 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) (Prior Convictions). 
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 Hovan's conviction for violating 18 U.S.C. 
371 and IEEPA, and has provided notice and opportunity for Hovan 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 Hovan.
---------------------------------------------------------------------------

    \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 Hovan's export privileges 
under the Regulations for a period of 10 years from the date of Hovan's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Hovan 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 January 10, 2034, Nicholas 
Hovan, with a last known address of Inmate Number: 69967-066, FDC 
Houston, Federal Detention Center, P.O. Box 526255, Houston, TX 77052, 
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 the Export Control Reform Act 
(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 Hovan 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, Hovan may 
file an appeal of this Order with the Under Secretary of Commerce for 
Industry and Security. The appeal must be filed

[[Page 79519]]

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 Hovan and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until January 10, 2034.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024-22341 Filed 9-27-24; 8:45 am]
BILLING CODE 3510-DT-P

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