In the Matter of Daniel Ray Lane, Inmate Number: 60019-177, FCI Texarkana, Federal Correctional Institution, P.O. Box 7000, Texarkana, TX 75505; Order Denying Export Privileges, 599-600 [2024-31654]

Download as PDF Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of Derby Clerfe, 9 Garden Terrace, Pittsburgh, PA 15521; Order Denying Export Privileges khammond on DSK9W7S144PROD with NOTICES On May 30, 2024, in the U.S. District Court for the Western District of Pennsylvania, Derby Clerfe (‘‘Clerfe’’) was convicted of violating 18 U.S.C. 371. Specifically, Clerfe pled guilty to conspiring with others to export from the United States to Haiti nine handguns without the required licenses and without filing Electronic Export Information in the Automated Export System. As a result of his conviction, the Court sentenced Clerfe to one year of probation. 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 Clerfe’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 Clerfe to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Clerfe. 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 Clerfe’s export privileges under the Regulations for a period of two years from the date of Clerfe’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Clerfe 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 through 774 (2024). 3 The Director, Office of Export Enforcement, is the authorizing official for issuance of denial orders VerDate Sep<11>2014 19:04 Jan 03, 2025 Jkt 265001 Accordingly, it is hereby ordered: First, from the date of this Order until May 30, 2026, Derby Clerfe, with a last known address of 9 Garden Terrace, Pittsburgh, PA 15521, 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 pursuant to amendments to the Regulations (85 FR 73411, November 18, 2020). PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 599 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 Clerfe 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, Clerfe 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 Clerfe and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until May 30, 2026. Issued this 31st day of December, 2024. Dan Clutch, Acting Director, Office of Export Enforcement. [FR Doc. 2024–31656 Filed 1–3–25; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of Daniel Ray Lane, Inmate Number: 60019–177, FCI Texarkana, Federal Correctional Institution, P.O. Box 7000, Texarkana, TX 75505; Order Denying Export Privileges E:\FR\FM\06JAN1.SGM 06JAN1 600 Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices khammond on DSK9W7S144PROD with NOTICES On June 11, 2024, in the U.S. District Court for the Eastern District of Pennsylvania, Daniel Ray Lane (‘‘Lane’’), 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, Lane 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 Lane 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 person had an interest at the time of the conviction, may be revoked. Id. BIS received notice of Lane’s conviction for violating 18 U.S.C. 371 and IEEPA, and has provided notice and opportunity for Lane 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 Lane. 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 Lane’s export privileges under the Regulations for a period of 10 years from the date of Lane’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Lane 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 through 774 (2024). 3 The Director, Office of Export Enforcement, is the authorizing official for issuance of denial VerDate Sep<11>2014 22:31 Jan 03, 2025 Jkt 265001 Accordingly, it is hereby ordered: First, from the date of this Order until June 11, 2034, Daniel Ray Lane, with a last known address of Inmate Number: 60019–117, FCI Texarkana, Federal Correctional Institution, P.O. Box 7000, Texarkana, TX 75505, 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; orders, pursuant to amendments to the Regulations (85 FR 73411, November 18, 2020). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 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 Lane 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, Lane 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 Lane and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until June 11, 2034. Issued this 31st day of December, 2024. Dan Clutch, Acting Director, Office of Export Enforcement. [FR Doc. 2024–31654 Filed 1–3–25; 8:45 am] BILLING CODE 3510–DT–P E:\FR\FM\06JAN1.SGM 06JAN1

Agencies

[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Notices]
[Pages 599-600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31654]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of Daniel Ray Lane, Inmate Number: 60019-177, FCI 
Texarkana, Federal Correctional Institution, P.O. Box 7000, Texarkana, 
TX 75505; Order Denying Export Privileges

[[Page 600]]

    On June 11, 2024, in the U.S. District Court for the Eastern 
District of Pennsylvania, Daniel Ray Lane (``Lane''), 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, Lane 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 Lane 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 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 Lane's conviction for violating 18 U.S.C. 
371 and IEEPA, and has provided notice and opportunity for Lane 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 Lane.
---------------------------------------------------------------------------

    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730 through 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 Lane's export privileges under 
the Regulations for a period of 10 years from the date of Lane's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Lane 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 11, 2034, Daniel Ray 
Lane, with a last known address of Inmate Number: 60019-117, FCI 
Texarkana, Federal Correctional Institution, P.O. Box 7000, Texarkana, 
TX 75505, 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 Lane 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, Lane 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 Lane and shall be 
published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until June 11, 2034.

    Issued this 31st day of December, 2024.
Dan Clutch,
Acting Director, Office of Export Enforcement.
[FR Doc. 2024-31654 Filed 1-3-25; 8:45 am]
BILLING CODE 3510-DT-P

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