80_FR_16692 80 FR 16632 - Amended Order Temporarily Denying Export Privileges

80 FR 16632 - Amended Order Temporarily Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 60 (March 30, 2015)

Page Range16632-16634
FR Document2015-07181

Federal Register, Volume 80 Issue 60 (Monday, March 30, 2015)
[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Notices]
[Pages 16632-16634]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07181]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Amended Order Temporarily Denying Export Privileges

    Flider Electronics, LLC a/k/a Flider Electronics d/b/a Trident 
International Corporation d/b/a Trident International d/b/a Trident 
International Corporation, LLC, 837 Turk Street, San Francisco, 
California 94102

and

    Pavel Semenovich Flider a/k/a Pavel Flider, 21 Eye Street, San 
Rafael, California 94901

and

    Gennadiy Semenovich Flider a/k/a Gennadiy Flider, 699 36th 
Avenue #203, San Francisco, California 94121

    Pursuant to Section 766.24 of the Export Administration Regulations 
(the ``Regulations'' or ``EAR''),\1\ the Bureau of Industry and 
Security (``BIS''), U.S. Department of Commerce, through its Office of 
Export Enforcement (``OEE''), has requested that I issue an Order 
temporarily denying, for a period of 180 days, the export privileges of 
Flider Electronics, LLC, also known as Flider Electronics, and doing 
business as Trident International Corporation, Trident International, 
and Trident International Corporation, LLC. Flider Electronics, LLC is 
a California limited liability company based in San Francisco, 
California. It is operated, at least in substantial part, for the 
purpose of procuring and exporting U.S.-origin electronic components. 
California State Corporation Number C1908339 has been used in 
connection with the doing business names of Trident International 
Corporation, Trident International, and Trident International 
Corporation, LLC, but that number is associated with Flider 
Electronics, LLC and the address used in connection with those doing 
business as names is the same address as Flider Electronics, LLC. Pavel 
Semenovich Flider, also known as Pavel Flider, is the president and 
owner of Flider Electronics/Trident International (``Trident''). His 
brother Gennadiy Semenovich Flider, also known as Gennadiy Flider, has 
identified himself as Trident's office manager, since 2003, and his 
duties include the purchase of items from U.S. distributors, the 
shipment of those items abroad, and related filings with U.S. 
Government agencies.\2\
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    \1\ The Regulations are currently codified at 15 CFR parts 730-
774 (2014). The EAR issued under the Export Administration Act of 
1979, as amended (50 U.S.C. app. Sec. Sec.  2401-2420 (2000)) 
(``EAA''). Since August 21, 2001, the Act has been in lapse and the 
President, through Executive Order 13222 of August 17, 2001 (3 CFR, 
2001 Comp. 783 (2002)), which has been extended by successive 
Presidential Notices, the most recent being that of August 7, 2014 
(79 FR 46959 (Aug. 11, 2014)), has continued the Regulations in 
effect under the International Emergency Economic Powers Act (50 
U.S.C. 1701, et seq.) (2006 & Supp. IV 2010).
    \2\ I approved OEE's request and issued a temporary denial order 
against Trident on March 19, 2015. Pavel Flider and Gennadiy Flider 
were added to that order, as issued, as related persons to Trident. 
This amended order makes limited revision to page 6 of the March 19, 
2015 order, and does not change my findings or the terms of the 
order issued on March 19, 2015. See pp. 6-11, infra.
---------------------------------------------------------------------------

    Pursuant to Section 766.24, BIS may issue an order temporarily 
denying a respondent's export privileges upon a showing that the order 
is necessary in the public interest to prevent an ``imminent 
violation'' of the Regulations. 15 CFR 766.24(b)(1) and 776.24(d). ``A 
violation may be `imminent' either in time or degree of likelihood.'' 
15 CFR 766.24(b)(3). BIS may show ``either that a violation is about to 
occur, or that the general circumstances of the matter under 
investigation or case under criminal or administrative charges 
demonstrate a likelihood of future violations.'' Id. As to the 
likelihood of future violations, BIS may show that the violation under 
investigation or charge ``is significant, deliberate, covert and/or 
likely to occur again, rather than technical or negligent [.]'' Id. A 
``lack of information establishing the precise time a violation may 
occur does not preclude a finding that a violation is imminent, so long 
as there is sufficient reason to believe the likelihood of a 
violation.'' Id.
    In its request, OEE has presented evidence that it has reason to 
believe that Trident engaged in conduct prohibited by the Regulations 
by exporting items subject to the EAR to Russia via transshipment 
through third countries. In Automated Export System (``AES'') filings 
it made, Trident identified as ``ultimate consignees'' companies in 
Estonia and Finland that BIS has reason to believe were operating as 
freight forwarders and not end users of the U.S.-origin items. OEE's 
presentation also indicates that at least two of these transactions are 
known to have involved items that are listed on the Commerce Control 
List and that a search of BIS's licensing database reveals no licensing 
history of controlled U.S.-origin electronics to Russia for the company 
and individuals captioned in this case. Based on, inter alia, the 
transshipment of the items, the misrepresentations made on the AES 
filings, and information obtained pursuant to a Mutual Legal Assistance 
Treaty (``MLAT'') request, OEE indicates that it has reason to believe 
that these exports required a license.

[[Page 16633]]

A. Detained Shipments on April 6, 2013

    On or about April 6, 2013, the U.S. Customs and Border Protection 
(``CBP'') detained two outbound shipments at San Francisco 
International Airport. CBP ultimately allowed one of these exports to 
proceed, but the other attempted export was not and the items were 
ultimately seized. The manifest and the AES filing for the seized 
shipment described the items as ``power supplies,'' but the shipment 
actually contained, among other items, 15 Xilinx field programmable 
gate array (FPGA) circuits that were controlled under Export Control 
Classification Number (ECCN) 3A001.a.2.c for national security reasons 
and generally required a license for Russia. The shipping documentation 
also listed Logilane Oy Ltd. in Finland (``Logilane'') as the ultimate 
consignee. Open source information confirmed that Logilane was a 
freight forwarder and thus unlikely to be the end user for the items 
contained in the shipment. When questioned about the shipment, Pavel 
Flider requested that the ultimate consignee be changed to Adimir OU 
(``Adimir'') in Estonia, which itself also proved to be a freight 
forwarder as discussed further below.

B. Interviews of Pavel Flider and Gennadiy Flider

    On or about April 19, 2013, OEE interviewed Trident office manager 
Gennadiy Flider, who identified his responsibilities as handling the 
procurement and shipment of items, including for export. He stated 
Trident had been doing business with Adimir for many years and that it 
was the only customer that his company had. He also indicated that 
Trident at times shipped items intended for its Estonian customer to 
Finland, claiming this was because it was cheaper.
    Similarly, in an August 5, 2013 interview, Trident's president and 
owner Pavel Flider stated that Adimir was Trident's one and only 
customer and that at times Adimir requested that items be shipped to a 
freight forwarder in Finland. Both Gennadiy Flider and Pavel Flider 
denied shipping to Russia.

C. July 2013 Detention and Subsequent Seizure

    On or about July 20, 2013, the U.S. Government detained a Trident 
shipment bound for Adimir in Estonia. In addition to Adimir being 
identified as the ultimate consignee on the AES filing, the items were 
identified as ``Electronic Equipment.'' A review of the invoice showed 
six Xilinx FPGAs, items which were controlled under ECCN 3A001.a.2.c 
for national security reasons and generally required a license for 
Russia. Moreover, an inspection of the shipment uncovered 51 controlled 
Xilinx chips, rather than just the six that had been declared. CBP 
ultimately seized the shipment on or about October 18, 2013.

D. Information Concerning Purported Estonian End User Obtained via an 
MLAT Request

    Based on information obtained in 2014 via a late 2013 MLAT request 
sent to Estonia relating to Adimir, BIS has reason to believe that 
Adimir was not an end user. During an interview, an Adimir corporate 
officer admitted to transshipping Trident shipments to Russia at the 
request of Pavel Flider. Adimir subsequently ceased operating.

E. Changes in the Scheme

    Following the detention and seizures, the MLAT request, and the 
Adimir interview, Trident began exporting directly to Russia, claiming 
that the controlled circuits were for use in railroads. This assertion 
sought to track a note to ECCN 3A001.a.2, which indicates that the ECCN 
does not apply to integrated circuits for civil automotive or railway 
train applications. Pavel Flider reported to the U.S. distributor that 
Trident had been ``referred'' Russian customers by Adimir, which was 
going out of business. After being made aware that the items actually 
were intended for export to Russia, the U.S. distributor requested that 
Trident sign a Form BIS-711 ``Statement by Ultimate Consignee and 
Purchaser,'' which includes an end use statement and must be signed by 
the purchaser and the ultimate consignee.
    From on or about January 23, 2014, to on or about April 16, 2014, 
Trident began listing in its AES filings OOO Elkomtex (``Elkomtex'') in 
St. Petersburg, Russia, as the ultimate consignee. On or about July 17, 
2014, the Elkomtex employees admitted that the company was not an end 
user but a distributor of electronics, acting as a broker between an 
exporter and an end use company.
    Beginning with an export on or about May 6, 2014, Trident again 
changed its export route and began exporting to a purported ultimate 
consignee named Logimix Ltd., in Vantaa, Finland (``Logimix''). Between 
on or about May 6, 2014, to on or about March 12, 2015, AES filings 
indicate that Trident has made 33 exports with Logimix listed as the 
ultimate consignee. Based on Logimix's Web site and other open source 
Internet information, however, OEE's presentation indicates that it has 
reason to believe that Logimix is a freight forwarder and not an end 
user. Moreover, given the violations, deceptive actions, and other 
evidence involving Trident, including those admitted by the Fliders, 
OEE also indicates that it has reason to believe that Trident have been 
making transshipments to Russia.
    OEE has further indicated that in February 2014, Trident ordered an 
additional 195 integrated circuits controlled under ECCN 3A001.a.2.c 
from a U.S. distributor and that those items would be available by in 
or around April 2015. In addition, Trident and Pavel Flider have been 
indicted for smuggling and money laundering, including in connection 
with some of the transactions discussed above. The U.S. Government also 
seized multiple accounts in which Trident had an interest.

F. Findings

    I find that the evidence presented by BIS demonstrates that a 
violation of the Regulations is imminent in both time and degree of 
likelihood. Trident has engaged in some known violations of the 
Regulations and its actions, including changes in how it structures its 
export transactions and routes its shipments, appear designed to 
camouflage the actual destinations, end uses, and/or end users of the 
U.S.-origin items it has been and continues to export, including items 
on the Commerce Control List that are subject to national security-
based license requirements. Moreover, when interviewed in 2013, the 
Fliders could not provide a reasonable explanation for the purported 
exports to Estonia and Finland. When for a time Trident began direct 
exports to Russia, the entity listed as the ultimate consignee admitted 
that it was not an end user and instead acting as a broker.
    In sum, the fact and circumstances taken as a whole provide strong 
indicators that future violations are likely absent the issuance of a 
TDO. As such, a TDO is needed to give notice to persons and companies 
in the United States and abroad that they should cease dealing with 
Trident in export transactions involving items subject to the EAR. Such 
a TDO is consistent with the public interest to preclude future 
violations of the EAR.
    Additionally, Section 766.23 of the Regulations provides that 
``[i]n order to prevent evasion, certain types of orders under this 
part may be made applicable not only to the respondent, but also to 
other persons then or thereafter related to the respondent by 
ownership, control, position of responsibility, affiliation, or other 
connection in the

[[Page 16634]]

conduct of trade or business. Orders that may be made applicable to 
related persons include those that deny or affect export privileges, 
including temporary denial orders. . . .'' 15 CFR 766.23(a). As stated 
above, Pavel Flider is the president and owner of Trident. Gennadiy 
Flider also is a Trident office manager, with responsibilities relating 
directly to the procurement and export activities at issue. As such, I 
find that Pavel Semenovich Flider and Gennadiy Semenovich Flider are 
related persons to Trident based on their positions of responsibility 
and that their additions to the order is necessary to prevent evasion.
    Accordingly, I find that an order denying the export privileges of 
Trident, Pavel Flider, and Gennadiy Flider is necessary, in the public 
interest, to prevent an imminent violation of the EAR.
    This Order is being issued on an ex parte basis without a hearing 
based upon BIS's showing of an imminent violation in accordance with 
Section 766.24 of the Regulations.
    It is therefore ordered:
    First, that FLIDER ELECTRONICS, LLC, a/k/a FLIDER ELECTRONICS, d/b/
a TRIDENT INTERNATIONAL CORPORATION, d/b/a TRIDENT INTERNATIONAL d/b/a 
TRIDENT INTERNATIONAL CORPORATION, LLC, 837 Turk Street, San Francisco, 
California 94102; PAVEL SEMENOVICH FLIDER, a/k/a PAVEL FLIDER, 21 Eye 
Street, San Rafael, California 94901; and GENNADIY SEMENOVICH FLIDER, 
a/k/a GENNADIY FLIDER, 699 36th Avenue #203, San Francisco, California 
94121, and when acting for or on their behalf, any successors or 
assigns, agents, or employees (each a ``Denied Person'' and 
collectively the ``Denied Persons'') 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 Export Administration Regulations (``EAR''), or in any 
other activity subject to the EAR 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 EAR, or in any other activity 
subject to the EAR; 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 EAR, or in any other activity subject to the EAR.
    Second, that no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport to or on behalf of a Denied Person any item 
subject to the EAR;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by a Denied Person of the ownership, possession, or control 
of any item subject to the EAR that has been or will be exported from 
the United States, including financing or other support activities 
related to a transaction whereby a 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 a Denied Person of any item subject to 
the EAR that has been exported from the United States;
    D. Obtain from a Denied Person in the United States any item 
subject to the EAR 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 EAR 
that has been or will be exported from the United States and which is 
owned, possessed or controlled by a Denied Person, or service any item, 
of whatever origin, that is owned, possessed or controlled by a Denied 
Person if such service involves the use of any item subject to the EAR 
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, that, after notice and opportunity for comment as provided 
in Section 766.23 of the EAR, any other person, firm, corporation, or 
business organization related to a Denied Person 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 accordance with the provisions of Section 766.24(e) of the EAR, 
Flider Electronics, LLC d/b/a Trident International Corporation, may, 
at any time, appeal this Order by filing a full written statement in 
support of the appeal with the Office of the Administrative Law Judge, 
U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, 
Maryland 21202-4022. In accordance with the provisions of Sections 
766.23(c)(2) and 766.24(e)(3) of the EAR, Pavel Semenovich Flider and 
Gennadiy Semenovich Flider may, at any time, appeal their inclusion as 
a related person by filing a full written statement in support of the 
appeal with the Office of the Administrative Law Judge, U.S. Coast 
Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 
21202-4022.
    In accordance with the provisions of Section 766.24(d) of the EAR, 
BIS may seek renewal of this Order by filing a written request not 
later than 20 days before the expiration date. Flider Electronics, LLC 
d/b/a Trident International Corporation may oppose a request to renew 
this Order by filing a written submission with the Assistant Secretary 
for Export Enforcement, which must be received not later than seven 
days before the expiration date of the Order.
    A copy of this Order shall be sent to Flider Electronics LLC d/b/a 
Trident International Corporation and each related person, and shall be 
published in the Federal Register.
    This Order is effective upon issuance and shall remain in effect 
until September 14, 2015.

    Dated: March 23, 2015.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2015-07181 Filed 3-27-15; 8:45 am]
 BILLING CODE P



                                                  16632                         Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Notices

                                                  DATES: The meeting will be held from 9                  DEPARTMENT OF COMMERCE                                  items from U.S. distributors, the
                                                  a.m. until 5 p.m. on Wednesday, April                                                                           shipment of those items abroad, and
                                                  15, 2015.                                               Bureau of Industry and Security                         related filings with U.S. Government
                                                                                                                                                                  agencies.2
                                                  ADDRESSES:                                              Amended Order Temporarily Denying
                                                                                                          Export Privileges                                          Pursuant to Section 766.24, BIS may
                                                    Meeting address: The meeting will be                                                                          issue an order temporarily denying a
                                                  held at the Hilton Garden Inn, 5265                       Flider Electronics, LLC a/k/a Flider                  respondent’s export privileges upon a
                                                  International Blvd., N. Charleston, SC                  Electronics d/b/a Trident International                 showing that the order is necessary in
                                                  29418; telephone: (843) 308–9330.                       Corporation d/b/a Trident International d/b/            the public interest to prevent an
                                                                                                          a Trident International Corporation, LLC, 837           ‘‘imminent violation’’ of the
                                                    Council address: South Atlantic                       Turk Street, San Francisco, California 94102
                                                  Fishery Management Council, 4055                                                                                Regulations. 15 CFR 766.24(b)(1) and
                                                                                                          and
                                                  Faber Place Drive, Suite 201, N.                                                                                776.24(d). ‘‘A violation may be
                                                                                                            Pavel Semenovich Flider a/k/a Pavel                   ‘imminent’ either in time or degree of
                                                  Charleston, SC 29405.                                   Flider, 21 Eye Street, San Rafael, California
                                                                                                          94901
                                                                                                                                                                  likelihood.’’ 15 CFR 766.24(b)(3). BIS
                                                  FOR FURTHER INFORMATION CONTACT:     Kim                                                                        may show ‘‘either that a violation is
                                                  Iverson, Public Information Officer,                    and
                                                                                                                                                                  about to occur, or that the general
                                                  South Atlantic Fishery Management                         Gennadiy Semenovich Flider a/k/a
                                                                                                                                                                  circumstances of the matter under
                                                                                                          Gennadiy Flider, 699 36th Avenue #203, San
                                                  Council, 4055 Faber Place Drive, Suite                                                                          investigation or case under criminal or
                                                                                                          Francisco, California 94121
                                                  201, N. Charleston, SC 29405;                                                                                   administrative charges demonstrate a
                                                  telephone: (843) 571–4366 or toll free:                    Pursuant to Section 766.24 of the                    likelihood of future violations.’’ Id. As
                                                  (866) SAFMC–10; fax: (843) 769–4520;                    Export Administration Regulations (the                  to the likelihood of future violations,
                                                  email: kim.iverson@safmc.net.                           ‘‘Regulations’’ or ‘‘EAR’’),1 the Bureau of             BIS may show that the violation under
                                                                                                          Industry and Security (‘‘BIS’’), U.S.                   investigation or charge ‘‘is significant,
                                                  SUPPLEMENTARY INFORMATION:      The King                Department of Commerce, through its                     deliberate, covert and/or likely to occur
                                                  and Spanish Mackerel AP will receive                    Office of Export Enforcement (‘‘OEE’’),                 again, rather than technical or negligent
                                                  updates on recent amendments to the                     has requested that I issue an Order                     [.]’’ Id. A ‘‘lack of information
                                                  Coastal Migratory Pelagics Fishery                      temporarily denying, for a period of 180                establishing the precise time a violation
                                                  Management Plan for the Gulf of Mexico                  days, the export privileges of Flider                   may occur does not preclude a finding
                                                  and the South Atlantic (Mackerel FMP).                  Electronics, LLC, also known as Flider                  that a violation is imminent, so long as
                                                  The AP will receive an update on                        Electronics, and doing business as                      there is sufficient reason to believe the
                                                  Amendment 26 to the Mackerel FMP                        Trident International Corporation,                      likelihood of a violation.’’ Id.
                                                  that includes alternatives for revisions                Trident International, and Trident
                                                                                                          International Corporation, LLC. Flider                     In its request, OEE has presented
                                                  to the annual catch limits and stock                                                                            evidence that it has reason to believe
                                                  management boundary for king                            Electronics, LLC is a California limited
                                                                                                          liability company based in San                          that Trident engaged in conduct
                                                  mackerel and to allow the sale of king                                                                          prohibited by the Regulations by
                                                                                                          Francisco, California. It is operated, at
                                                  mackerel bycatch in the shark gillnet                                                                           exporting items subject to the EAR to
                                                                                                          least in substantial part, for the purpose
                                                  fishery. The AP will also receive a                     of procuring and exporting U.S.-origin                  Russia via transshipment through third
                                                  presentation on electronic reporting and                electronic components. California State                 countries. In Automated Export System
                                                  review the Generic Charterboat                          Corporation Number C1908339 has been                    (‘‘AES’’) filings it made, Trident
                                                  Reporting Amendment. Additionally,                      used in connection with the doing                       identified as ‘‘ultimate consignees’’
                                                  the AP will be briefed on genetic                       business names of Trident International                 companies in Estonia and Finland that
                                                  research on South Carolina sub-                         Corporation, Trident International, and                 BIS has reason to believe were operating
                                                  populations of cobia. The AP will                       Trident International Corporation, LLC,                 as freight forwarders and not end users
                                                  provide recommendations as                              but that number is associated with                      of the U.S.-origin items. OEE’s
                                                  appropriate and address other business                  Flider Electronics, LLC and the address                 presentation also indicates that at least
                                                  as necessary.                                           used in connection with those doing                     two of these transactions are known to
                                                                                                          business as names is the same address                   have involved items that are listed on
                                                  Special Accommodations                                  as Flider Electronics, LLC. Pavel                       the Commerce Control List and that a
                                                                                                          Semenovich Flider, also known as Pavel                  search of BIS’s licensing database
                                                    The meeting is physically accessible
                                                                                                          Flider, is the president and owner of                   reveals no licensing history of
                                                  to people with disabilities. Requests for
                                                                                                          Flider Electronics/Trident International                controlled U.S.-origin electronics to
                                                  auxiliary aids should be directed to the                                                                        Russia for the company and individuals
                                                                                                          (‘‘Trident’’). His brother Gennadiy
                                                  Council office (see ADDRESSES) 3 days                                                                           captioned in this case. Based on, inter
                                                                                                          Semenovich Flider, also known as
                                                  prior to the meeting.                                                                                           alia, the transshipment of the items, the
                                                                                                          Gennadiy Flider, has identified himself
                                                    Note: The times and sequence specified in             as Trident’s office manager, since 2003,                misrepresentations made on the AES
                                                  this agenda are subject to change.                      and his duties include the purchase of                  filings, and information obtained
                                                                                                                                                                  pursuant to a Mutual Legal Assistance
                                                    Dated: March 25, 2015.                                   1 The Regulations are currently codified at 15 CFR   Treaty (‘‘MLAT’’) request, OEE indicates
                                                  Tracey L. Thompson,                                     parts 730–774 (2014). The EAR issued under the          that it has reason to believe that these
                                                                                                          Export Administration Act of 1979, as amended (50       exports required a license.
                                                  Acting Deputy Director, Office of Sustainable           U.S.C. app. §§ 2401–2420 (2000)) (‘‘EAA’’). Since
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Fisheries, National Marine Fisheries Service.           August 21, 2001, the Act has been in lapse and the
                                                  [FR Doc. 2015–07175 Filed 3–27–15; 8:45 am]             President, through Executive Order 13222 of August        2 I approved OEE’s request and issued a

                                                                                                          17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which          temporary denial order against Trident on March
                                                  BILLING CODE 3510–22–P
                                                                                                          has been extended by successive Presidential            19, 2015. Pavel Flider and Gennadiy Flider were
                                                                                                          Notices, the most recent being that of August 7,        added to that order, as issued, as related persons to
                                                                                                          2014 (79 FR 46959 (Aug. 11, 2014)), has continued       Trident. This amended order makes limited
                                                                                                          the Regulations in effect under the International       revision to page 6 of the March 19, 2015 order, and
                                                                                                          Emergency Economic Powers Act (50 U.S.C. 1701,          does not change my findings or the terms of the
                                                                                                          et seq.) (2006 & Supp. IV 2010).                        order issued on March 19, 2015. See pp. 6–11, infra.



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                                                                                Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Notices                                              16633

                                                  A. Detained Shipments on April 6, 2013                  reasons and generally required a license              freight forwarder and not an end user.
                                                     On or about April 6, 2013, the U.S.                  for Russia. Moreover, an inspection of                Moreover, given the violations,
                                                  Customs and Border Protection (‘‘CBP’’)                 the shipment uncovered 51 controlled                  deceptive actions, and other evidence
                                                  detained two outbound shipments at                      Xilinx chips, rather than just the six that           involving Trident, including those
                                                  San Francisco International Airport.                    had been declared. CBP ultimately                     admitted by the Fliders, OEE also
                                                                                                          seized the shipment on or about October               indicates that it has reason to believe
                                                  CBP ultimately allowed one of these
                                                                                                          18, 2013.                                             that Trident have been making
                                                  exports to proceed, but the other
                                                                                                                                                                transshipments to Russia.
                                                  attempted export was not and the items                  D. Information Concerning Purported                      OEE has further indicated that in
                                                  were ultimately seized. The manifest                    Estonian End User Obtained via an                     February 2014, Trident ordered an
                                                  and the AES filing for the seized                       MLAT Request                                          additional 195 integrated circuits
                                                  shipment described the items as ‘‘power                    Based on information obtained in                   controlled under ECCN 3A001.a.2.c
                                                  supplies,’’ but the shipment actually                   2014 via a late 2013 MLAT request sent                from a U.S. distributor and that those
                                                  contained, among other items, 15 Xilinx                 to Estonia relating to Adimir, BIS has                items would be available by in or
                                                  field programmable gate array (FPGA)                    reason to believe that Adimir was not an              around April 2015. In addition, Trident
                                                  circuits that were controlled under                     end user. During an interview, an                     and Pavel Flider have been indicted for
                                                  Export Control Classification Number                    Adimir corporate officer admitted to                  smuggling and money laundering,
                                                  (ECCN) 3A001.a.2.c for national security                transshipping Trident shipments to                    including in connection with some of
                                                  reasons and generally required a license                Russia at the request of Pavel Flider.                the transactions discussed above. The
                                                  for Russia. The shipping documentation                  Adimir subsequently ceased operating.                 U.S. Government also seized multiple
                                                  also listed Logilane Oy Ltd. in Finland                                                                       accounts in which Trident had an
                                                  (‘‘Logilane’’) as the ultimate consignee.               E. Changes in the Scheme
                                                                                                                                                                interest.
                                                  Open source information confirmed that                     Following the detention and seizures,
                                                  Logilane was a freight forwarder and                    the MLAT request, and the Adimir                      F. Findings
                                                  thus unlikely to be the end user for the                interview, Trident began exporting                       I find that the evidence presented by
                                                  items contained in the shipment. When                   directly to Russia, claiming that the                 BIS demonstrates that a violation of the
                                                  questioned about the shipment, Pavel                    controlled circuits were for use in                   Regulations is imminent in both time
                                                  Flider requested that the ultimate                      railroads. This assertion sought to track             and degree of likelihood. Trident has
                                                  consignee be changed to Adimir OU                       a note to ECCN 3A001.a.2, which                       engaged in some known violations of
                                                  (‘‘Adimir’’) in Estonia, which itself also              indicates that the ECCN does not apply                the Regulations and its actions,
                                                  proved to be a freight forwarder as                     to integrated circuits for civil                      including changes in how it structures
                                                  discussed further below.                                automotive or railway train                           its export transactions and routes its
                                                                                                          applications. Pavel Flider reported to                shipments, appear designed to
                                                  B. Interviews of Pavel Flider and
                                                                                                          the U.S. distributor that Trident had                 camouflage the actual destinations, end
                                                  Gennadiy Flider
                                                                                                          been ‘‘referred’’ Russian customers by                uses, and/or end users of the U.S.-origin
                                                     On or about April 19, 2013, OEE                      Adimir, which was going out of                        items it has been and continues to
                                                  interviewed Trident office manager                      business. After being made aware that                 export, including items on the
                                                  Gennadiy Flider, who identified his                     the items actually were intended for                  Commerce Control List that are subject
                                                  responsibilities as handling the                        export to Russia, the U.S. distributor                to national security-based license
                                                  procurement and shipment of items,                      requested that Trident sign a Form BIS–               requirements. Moreover, when
                                                  including for export. He stated Trident                 711 ‘‘Statement by Ultimate Consignee                 interviewed in 2013, the Fliders could
                                                  had been doing business with Adimir                     and Purchaser,’’ which includes an end                not provide a reasonable explanation for
                                                  for many years and that it was the only                 use statement and must be signed by the               the purported exports to Estonia and
                                                  customer that his company had. He also                  purchaser and the ultimate consignee.                 Finland. When for a time Trident began
                                                  indicated that Trident at times shipped                    From on or about January 23, 2014, to              direct exports to Russia, the entity listed
                                                  items intended for its Estonian customer                on or about April 16, 2014, Trident                   as the ultimate consignee admitted that
                                                  to Finland, claiming this was because it                began listing in its AES filings OOO                  it was not an end user and instead
                                                  was cheaper.                                            Elkomtex (‘‘Elkomtex’’) in St.                        acting as a broker.
                                                     Similarly, in an August 5, 2013                      Petersburg, Russia, as the ultimate                      In sum, the fact and circumstances
                                                  interview, Trident’s president and                      consignee. On or about July 17, 2014,                 taken as a whole provide strong
                                                  owner Pavel Flider stated that Adimir                   the Elkomtex employees admitted that                  indicators that future violations are
                                                  was Trident’s one and only customer                     the company was not an end user but a                 likely absent the issuance of a TDO. As
                                                  and that at times Adimir requested that                 distributor of electronics, acting as a               such, a TDO is needed to give notice to
                                                  items be shipped to a freight forwarder                 broker between an exporter and an end                 persons and companies in the United
                                                  in Finland. Both Gennadiy Flider and                    use company.                                          States and abroad that they should cease
                                                  Pavel Flider denied shipping to Russia.                    Beginning with an export on or about               dealing with Trident in export
                                                                                                          May 6, 2014, Trident again changed its                transactions involving items subject to
                                                  C. July 2013 Detention and Subsequent                   export route and began exporting to a                 the EAR. Such a TDO is consistent with
                                                  Seizure                                                 purported ultimate consignee named                    the public interest to preclude future
                                                     On or about July 20, 2013, the U.S.                  Logimix Ltd., in Vantaa, Finland                      violations of the EAR.
                                                  Government detained a Trident                           (‘‘Logimix’’). Between on or about May                   Additionally, Section 766.23 of the
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                                                  shipment bound for Adimir in Estonia.                   6, 2014, to on or about March 12, 2015,               Regulations provides that ‘‘[i]n order to
                                                  In addition to Adimir being identified as               AES filings indicate that Trident has                 prevent evasion, certain types of orders
                                                  the ultimate consignee on the AES                       made 33 exports with Logimix listed as                under this part may be made applicable
                                                  filing, the items were identified as                    the ultimate consignee. Based on                      not only to the respondent, but also to
                                                  ‘‘Electronic Equipment.’’ A review of                   Logimix’s Web site and other open                     other persons then or thereafter related
                                                  the invoice showed six Xilinx FPGAs,                    source Internet information, however,                 to the respondent by ownership,
                                                  items which were controlled under                       OEE’s presentation indicates that it has              control, position of responsibility,
                                                  ECCN 3A001.a.2.c for national security                  reason to believe that Logimix is a                   affiliation, or other connection in the


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                                                  16634                         Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Notices

                                                  conduct of trade or business. Orders that                  C. Benefitting in any way from any                 at any time, appeal their inclusion as a
                                                  may be made applicable to related                       transaction involving any item exported               related person by filing a full written
                                                  persons include those that deny or affect               or to be exported from the United States              statement in support of the appeal with
                                                  export privileges, including temporary                  that is subject to the EAR, or in any                 the Office of the Administrative Law
                                                  denial orders. . . .’’ 15 CFR 766.23(a).                other activity subject to the EAR.                    Judge, U.S. Coast Guard ALJ Docketing
                                                  As stated above, Pavel Flider is the                       Second, that no person may, directly               Center, 40 South Gay Street, Baltimore,
                                                  president and owner of Trident.                         or indirectly, do any of the following:               Maryland 21202–4022.
                                                  Gennadiy Flider also is a Trident office                   A. Export or reexport to or on behalf                 In accordance with the provisions of
                                                  manager, with responsibilities relating                 of a Denied Person any item subject to                Section 766.24(d) of the EAR, BIS may
                                                  directly to the procurement and export                  the EAR;                                              seek renewal of this Order by filing a
                                                  activities at issue. As such, I find that                  B. Take any action that facilitates the            written request not later than 20 days
                                                  Pavel Semenovich Flider and Gennadiy                    acquisition or attempted acquisition by               before the expiration date. Flider
                                                  Semenovich Flider are related persons                   a Denied Person of the ownership,                     Electronics, LLC d/b/a Trident
                                                  to Trident based on their positions of                  possession, or control of any item                    International Corporation may oppose a
                                                  responsibility and that their additions to              subject to the EAR that has been or will              request to renew this Order by filing a
                                                  the order is necessary to prevent                       be exported from the United States,                   written submission with the Assistant
                                                  evasion.                                                including financing or other support                  Secretary for Export Enforcement,
                                                     Accordingly, I find that an order                    activities related to a transaction                   which must be received not later than
                                                  denying the export privileges of Trident,               whereby a Denied Person acquires or                   seven days before the expiration date of
                                                  Pavel Flider, and Gennadiy Flider is                    attempts to acquire such ownership,                   the Order.
                                                  necessary, in the public interest, to                   possession or control;                                   A copy of this Order shall be sent to
                                                  prevent an imminent violation of the                       C. Take any action to acquire from or              Flider Electronics LLC d/b/a Trident
                                                  EAR.                                                    to facilitate the acquisition or attempted            International Corporation and each
                                                     This Order is being issued on an ex                  acquisition from a Denied Person of any               related person, and shall be published
                                                  parte basis without a hearing based                     item subject to the EAR that has been                 in the Federal Register.
                                                  upon BIS’s showing of an imminent                       exported from the United States;                         This Order is effective upon issuance
                                                  violation in accordance with Section                       D. Obtain from a Denied Person in the              and shall remain in effect until
                                                  766.24 of the Regulations.                              United States any item subject to the                 September 14, 2015.
                                                     It is therefore ordered:                             EAR with knowledge or reason to know
                                                     First, that FLIDER ELECTRONICS,                      that the item will be, or is intended to                Dated: March 23, 2015.
                                                  LLC, a/k/a FLIDER ELECTRONICS,                          be, exported from the United States; or               David W. Mills,
                                                  d/b/a TRIDENT INTERNATIONAL                                E. Engage in any transaction to service            Assistant Secretary of Commerce for Export
                                                  CORPORATION, d/b/a TRIDENT                              any item subject to the EAR that has                  Enforcement.
                                                  INTERNATIONAL d/b/a TRIDENT                             been or will be exported from the                     [FR Doc. 2015–07181 Filed 3–27–15; 8:45 am]
                                                  INTERNATIONAL CORPORATION,                              United States and which is owned,                     BILLING CODE P
                                                  LLC, 837 Turk Street, San Francisco,                    possessed or controlled by a Denied
                                                  California 94102; PAVEL SEMENOVICH                      Person, or service any item, of whatever
                                                  FLIDER, a/k/a PAVEL FLIDER, 21 Eye                      origin, that is owned, possessed or                   DEPARTMENT OF COMMERCE
                                                  Street, San Rafael, California 94901; and               controlled by a Denied Person if such
                                                  GENNADIY SEMENOVICH FLIDER,                             service involves the use of any item                  International Trade Administration
                                                  a/k/a GENNADIY FLIDER, 699 36th                         subject to the EAR that has been or will              [A–533–840, A–549–822]
                                                  Avenue #203, San Francisco, California                  be exported from the United States. For
                                                  94121, and when acting for or on their                  purposes of this paragraph, servicing                 Certain Frozen Warmwater Shrimp
                                                  behalf, any successors or assigns, agents,              means installation, maintenance, repair,              From India and Thailand: Notice of
                                                  or employees (each a ‘‘Denied Person’’                  modification or testing.                              Initiation of Antidumping Duty
                                                  and collectively the ‘‘Denied Persons’’)                   Third, that, after notice and                      Administrative Reviews
                                                  may not, directly or indirectly,                        opportunity for comment as provided in
                                                                                                                                                                AGENCY:   Enforcement and Compliance,
                                                  participate in any way in any                           Section 766.23 of the EAR, any other
                                                                                                                                                                International Trade Administration,
                                                  transaction involving any commodity,                    person, firm, corporation, or business
                                                                                                                                                                Department of Commerce.
                                                  software or technology (hereinafter                     organization related to a Denied Person
                                                                                                          by ownership, control, position of                    SUMMARY: The Department of Commerce
                                                  collectively referred to as ‘‘item’’)
                                                  exported or to be exported from the                     responsibility, affiliation, or other                 (the Department) received requests to
                                                  United States that is subject to the                    connection in the conduct of trade or                 conduct administrative reviews of the
                                                  Export Administration Regulations                       business may also be made subject to                  antidumping duty (AD) orders on
                                                  (‘‘EAR’’), or in any other activity subject             the provisions of this Order.                         certain frozen warmwater shrimp
                                                  to the EAR including, but not limited to:                  In accordance with the provisions of               (shrimp) from India and Thailand for
                                                     A. Applying for, obtaining, or using                 Section 766.24(e) of the EAR, Flider                  the period February 1, 2014 through
                                                  any license, License Exception, or                      Electronics, LLC d/b/a Trident                        January 31, 2015. The anniversary
                                                  export control document;                                International Corporation, may, at any                month of these orders is February. In
                                                     B. Carrying on negotiations                          time, appeal this Order by filing a full              accordance with the Department’s
                                                  concerning, or ordering, buying,                        written statement in support of the                   regulations, we are initiating these
                                                                                                                                                                administrative reviews. The Department
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                                                  receiving, using, selling, delivering,                  appeal with the Office of the
                                                  storing, disposing of, forwarding,                      Administrative Law Judge, U.S. Coast                  also received a request to defer the
                                                  transporting, financing, or otherwise                   Guard ALJ Docketing Center, 40 South                  initiation of the administrative review
                                                  servicing in any way, any transaction                   Gay Street, Baltimore, Maryland 21202–                for the order on shrimp from Thailand
                                                  involving any item exported or to be                    4022. In accordance with the provisions               with respect to various Thai companies.
                                                  exported from the United States that is                 of Sections 766.23(c)(2) and 766.24(e)(3)             DATES: Effective Date: March 30, 2015.
                                                  subject to the EAR, or in any other                     of the EAR, Pavel Semenovich Flider                   FOR FURTHER INFORMATION CONTACT:
                                                  activity subject to the EAR; or                         and Gennadiy Semenovich Flider may,                   Blaine Wiltse at (202) 482–6345 (India)


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Document Created: 2015-12-18 11:32:32
Document Modified: 2015-12-18 11:32:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 16632 

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