In the Matter of: Mark Fitting, Inmate Number: 07194-509, FCI Lewisburg, Federal Correctional Institution, P.O. Box 1000, Lewisburg, PA 17837; Order Denying Export Privileges, 79520-79521 [2024-22343]
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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Nicholas James
Fuchs, Inmate Number: 77708–066,
USP Lompoc, 3901 Klein Blvd.,
Lompoc, CA 93436; Order Denying
Export Privileges
ddrumheller on DSK120RN23PROD with NOTICES1
On January 16, 2024, in the U.S.
District Court for the Eastern District of
Pennsylvania, Nicholas James Fuchs
(‘‘Fuchs’’), 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, Fuchs 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 Fuchs to 10 months 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.
BIS received notice of Fuchs’s
conviction for violating 18 U.S.C. 371
and IEEPA, and has provided notice and
opportunity for Fuchs 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 Fuchs.
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 Fuchs’s export
privileges under the Regulations for a
period of 10 years from the date of
Fuchs’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Fuchs had an interest at the time of his
conviction.3
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).
3 The Director, Office of Export Enforcement, is
the authorizing official for issuance of denial
VerDate Sep<11>2014
17:51 Sep 27, 2024
Jkt 262001
Accordingly, it is hereby ordered:
First, from the date of this Order until
January 16, 2034, Nicholas James Fuchs,
with a last known address of Inmate
Number: 77708–066, USP Lompoc, 3901
Klein Blvd., Lompoc, CA 93436, 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
orders, pursuant to amendments to the Regulations
(85 FR 73411, November 18, 2020).
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
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 Fuchs 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, Fuchs 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 Fuchs and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until January 16, 2034.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024–22342 Filed 9–27–24; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Mark Fitting, Inmate
Number: 07194–509, FCI Lewisburg,
Federal Correctional Institution, P.O.
Box 1000, Lewisburg, PA 17837; Order
Denying Export Privileges
On September 29, 2023, in the U.S.
District Court for the Central District of
California, Mark Fitting (‘‘Fitting’’), was
convicted of violating 18 U.S.C. 371.
Specifically, Fitting used his access to
U.S. Government databases to download
technical drawings without
authorization and participated in a
conspiracy to sell those drawings to
E:\FR\FM\30SEN1.SGM
30SEN1
Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
domestic and foreign customers. As a
result of his conviction, the Court
sentenced Fitting to 41 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 Fitting’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
Fitting to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Fitting.
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 Fitting’s export
privileges under the Regulations for a
period of 10 years from the date of
Fitting’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Fitting had an interest at the time of his
conviction.3
Accordingly, it is hereby Ordered:
First, from the date of this Order until
September 29, 2033, Mark Fitting, with
a last known address of Inmate Number:
07194–509, FCI Lewisburg, Federal
Correctional Institution, P.O. Box 1000,
Lewisburg, PA 17837, 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:
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).
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
17:51 Sep 27, 2024
Jkt 262001
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 Fitting by ownership, control,
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
79521
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, Fitting 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 Fitting and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until September 29, 2033.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024–22343 Filed 9–27–24; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Zhenyu Wang, a/k/a
Bill Wang, Inmate Number: 77710–066,
FCI Allenwood Low, Federal
Correctional Institution, P.O. Box 1000,
White Deer, PA 17887; Order Denying
Export Privileges
On June 11, 2024, in the U.S. District
Court for the Eastern District of
Pennsylvania, Zhenyu Wang, a/k/a Bill
Wang (‘‘Wang’’), 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, Wang 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 Wang to
45 months of imprisonment, 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 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
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\30SEN1.SGM
30SEN1
]]>Agencies
[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Notices]
[Pages 79520-79521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22343]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Mark Fitting, Inmate Number: 07194-509, FCI
Lewisburg, Federal Correctional Institution, P.O. Box 1000, Lewisburg,
PA 17837; Order Denying Export Privileges
On September 29, 2023, in the U.S. District Court for the Central
District of California, Mark Fitting (``Fitting''), was convicted of
violating 18 U.S.C. 371. Specifically, Fitting used his access to U.S.
Government databases to download technical drawings without
authorization and participated in a conspiracy to sell those drawings
to
[[Page 79521]]
domestic and foreign customers. As a result of his conviction, the
Court sentenced Fitting to 41 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.
---------------------------------------------------------------------------
\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 Fitting'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 Fitting to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a written submission from Fitting.
---------------------------------------------------------------------------
\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 Fitting's export privileges
under the Regulations for a period of 10 years from the date of
Fitting's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Fitting 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 September 29, 2033, Mark
Fitting, with a last known address of Inmate Number: 07194-509, FCI
Lewisburg, Federal Correctional Institution, P.O. Box 1000, Lewisburg,
PA 17837, 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 Fitting 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, Fitting 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 Fitting and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until September 29, 2033.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024-22343 Filed 9-27-24; 8:45 am]
BILLING CODE 3510-DT-P
