80 FR 17724 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 63 (April 2, 2015)

Page Range		17724-17725
FR Document		2015-07643
Federal Register, Volume 80 Issue 63 (Thursday, April 2, 2015)
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Pages 17724-17725]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07643]



[[Page 17724]]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Ronald Alexander Dobek, a/k/a Alexander M. 
Rovegno, Inmate Number--28521-057, FCI Duluth, Federal Prison Camp, 
P.O. Box 1000, Duluth, MN 55814.
    On September 10, 2014, in the U.S. District Court, Eastern District 
of Wisconsin, Ronald Alexander Dobek (``Dobek''), was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Specifically, Dobek conspired and knowingly and 
willfully attempted to export, exported, and caused to be exported F-16 
canopy seals, which were designated as defense articles on the United 
States Munitions List, from the United States to Venezuela without 
having first obtained from the Department of State a license for such 
export or written authorization for such export. Dobek was sentenced 84 
months of imprisonment, three years of supervised release and fined a 
$300 assessment.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director 
of the Office of Exporter Services, in consultation with the Director 
of the Office of Export Enforcement, may deny the export privileges of 
any person who has been convicted of a violation of the Export 
Administration Act (``EAA''), the EAR, or any order, license or 
authorization issued thereunder; any regulation, license, or order 
issued under the International Emergency Economic Powers Act (50 U.S.C. 
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal 
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms 
Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also 
Section 11(h) of the EAA, 50 U.S.C. app. Sec.  2410(h). The denial of 
export privileges under this provision may be for a period of up to 10 
years from the date of the conviction. 15 CFR 766.25(d); see also 50 
U.S.C. app. Sec.  2410(h). In addition, Section 750.8 of the 
Regulations states that the Bureau of Industry and Security's Office of 
Exporter Services may revoke any Bureau of Industry and Security 
(``BIS'') licenses previously issued in which the person had an 
interest in at the time of his conviction.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2014). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. app. 
Sec. Sec.  2401-2420 (2000)) (``EAA''). Since August 21, 2001, the 
EAA 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 (August 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)).
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    BIS has received notice of Dobek's conviction for violating the 
AECA, and have provided notice and an opportunity for Dobek to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has received and reviewed a submission from Dobek.
    Based upon my review and consultations with BIS's Office of Export 
Enforcement, including its Director, and the facts available to BIS, I 
have decided to deny Dobek's export privileges under the Regulations 
for a period of 10 years from the date of Dobek's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Dobek had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until September 10, 2024, Ronald 
Alexander Dobek, a/k/a Alexander M. Rovegno, with a last known address 
of Inmate Number--28521-057, FCI Duluth, Federal Prison Camp, P. O. Box 
1000, Duluth, MN 55814, 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 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 in any other activity subject to the Regulations.
    Second, no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport 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, after notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to Dobek 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, Dobek 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 the Dobek. This 
Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until September 10, 2024.


[[Page 17725]]


    Issued this 26th day of March, 2015.
Thomas Andrukonis,
Acting Director, Office of Exporter Services.
[FR Doc. 2015-07643 Filed 4-1-15; 8:45 am]
BILLING CODE CODE P
17724 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices

DEPARTMENT OF COMMERCE 750.8 of the Regulations states that the A. Export or reexport to or on behalf
Bureau of Industry and Security’s Office of the Denied Person any item subject to
Bureau of Industry and Security of Exporter Services may revoke any the Regulations;
Bureau of Industry and Security (‘‘BIS’’) B. Take any action that facilitates the
Order Denying Export Privileges licenses previously issued in which the acquisition or attempted acquisition by
In the Matter of: Ronald Alexander person had an interest in at the time of the Denied Person of the ownership,
Dobek, a/k/a Alexander M. Rovegno, his conviction. possession, or control of any item
Inmate Number—28521–057, FCI BIS has received notice of Dobek’s subject to the Regulations that has been
Duluth, Federal Prison Camp, P.O. Box conviction for violating the AECA, and or will be exported from the United
1000, Duluth, MN 55814. have provided notice and an States, including financing or other
On September 10, 2014, in the U.S. opportunity for Dobek to make a written support activities related to a
District Court, Eastern District of submission to BIS, as provided in transaction whereby the Denied Person
Wisconsin, Ronald Alexander Dobek Section 766.25 of the Regulations. BIS acquires or attempts to acquire such
(‘‘Dobek’’), was convicted of violating has received and reviewed a submission ownership, possession or control;
Section 38 of the Arms Export Control from Dobek. C. Take any action to acquire from or
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Based upon my review and to facilitate the acquisition or attempted
Specifically, Dobek conspired and consultations with BIS’s Office of acquisition from the Denied Person of
knowingly and willfully attempted to Export Enforcement, including its any item subject to the Regulations that
export, exported, and caused to be Director, and the facts available to BIS, has been exported from the United
exported F–16 canopy seals, which were I have decided to deny Dobek’s export States;
designated as defense articles on the privileges under the Regulations for a D. Obtain from the Denied Person in
United States Munitions List, from the period of 10 years from the date of the United States any item subject to the
United States to Venezuela without Dobek’s conviction. I have also decided Regulations with knowledge or reason
having first obtained from the to revoke all licenses issued pursuant to to know that the item will be, or is
Department of State a license for such the Act or Regulations in which Dobek intended to be, exported from the
export or written authorization for such had an interest at the time of his United States; or
export. Dobek was sentenced 84 months conviction.
of imprisonment, three years of E. Engage in any transaction to service
Accordingly, it is hereby ordered:
supervised release and fined a $300 any item subject to the Regulations that
First, from the date of this Order until
assessment. has been or will be exported from the
September 10, 2024, Ronald Alexander
Section 766.25 of the Export United States and which is owned,
Dobek, a/k/a Alexander M. Rovegno,
Administration Regulations (‘‘EAR’’ or possessed or controlled by the Denied
with a last known address of Inmate
‘‘Regulations’’) 1 provides, in pertinent Person, or service any item, of whatever
Number—28521–057, FCI Duluth,
part, that ‘‘[t]he Director of the Office of origin, that is owned, possessed or
Federal Prison Camp, P. O. Box 1000,
Exporter Services, in consultation with controlled by the Denied Person if such
Duluth, MN 55814, and when acting for
the Director of the Office of Export service involves the use of any item
or on his behalf, his successors, assigns,
Enforcement, may deny the export subject to the Regulations that has been
employees, agents or representatives
privileges of any person who has been or will be exported from the United
(the ‘‘Denied Person’’), may not, directly
convicted of a violation of the Export States. For purposes of this paragraph,
or indirectly, participate in any way in
Administration Act (‘‘EAA’’), the EAR, servicing means installation,
any transaction involving any
or any order, license or authorization maintenance, repair, modification or
commodity, software or technology
issued thereunder; any regulation, testing.
(hereinafter collectively referred to as
license, or order issued under the ‘‘item’’) exported or to be exported from Third, after notice and opportunity for
International Emergency Economic the United States that is subject to the comment as provided in Section 766.23
Powers Act (50 U.S.C. 1701–1706); 18 Regulations, including, but not limited of the Regulations, any other person,
U.S.C. 793, 794 or 798; section 4(b) of to: firm, corporation, or business
the Internal Security Act of 1950 (50 A. Applying for, obtaining, or using organization related to Dobek by
U.S.C. 783(b)), or section 38 of the Arms any license, License Exception, or ownership, control, position of
Export Control Act (22 U.S.C. 2778).’’ 15 export control document; responsibility, affiliation, or other
CFR 766.25(a); see also Section 11(h) of B. Carrying on negotiations connection in the conduct of trade or
the EAA, 50 U.S.C. app. § 2410(h). The concerning, or ordering, buying, business may also be made subject to
denial of export privileges under this receiving, using, selling, delivering, the provisions of this Order in order to
provision may be for a period of up to storing, disposing of, forwarding, prevent evasion of this Order.
10 years from the date of the conviction. transporting, financing, or otherwise Fourth, in accordance with Part 756 of
15 CFR 766.25(d); see also 50 U.S.C. servicing in any way, any transaction the Regulations, Dobek may file an
app. § 2410(h). In addition, Section involving any item exported or to be appeal of this Order with the Under
exported from the United States that is Secretary of Commerce for Industry and
1 The Regulations are currently codified in the
subject to the Regulations, or in any Security. The appeal must be filed
Code of Federal Regulations at 15 CFR parts 730– within 45 days from the date of this
774 (2014). The Regulations issued pursuant to the other activity subject to the Regulations;
Export Administration Act (50 U.S.C. app. §§ 2401– or Order and must comply with the
2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the C. Benefitting in any way from any provisions of Part 756 of the
EAA has been in lapse and the President, through Regulations.
tkelley on DSK3SPTVN1PROD with NOTICES

Executive Order 13222 of August 17, 2001 (3 CFR,
transaction involving any item exported
2001 Comp. 783 (2002)), which has been extended or to be exported from the United States Fifth, a copy of this Order shall be
by successive Presidential Notices, the most recent that is subject to the Regulations, or in delivered to the Dobek. This Order shall
being that of August 7, 2014 (79 FR 46959 (August any other activity subject to the be published in the Federal Register.
11, 2014)), has continued the Regulations in effect
under the International Emergency Economic
Regulations. Sixth, this Order is effective
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. Second, no person may, directly or immediately and shall remain in effect
IV 2010)). indirectly, do any of the following: until September 10, 2024.

VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\02APN1.SGM 02APN1
Document Created: 2018-02-21 10:03:41
Document Modified: 2018-02-21 10:03:41
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 17724
80 FR 17724 - Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 80, Issue 63 (April 2, 2015)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
