80 FR 17725 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

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

Page Range		17725-17726
FR Document		2015-07638
Federal Register, Volume 80 Issue 63 (Thursday, April 2, 2015)
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Pages 17725-17726]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07638]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Brian Keith Bishop, 93000 Pretoria Place, 
Dulles, VA 20189-9300.

    On May 7, 2013, in the U.S. District Court, Eastern District of 
Virginia, Brian Keith Bishop (``Bishop''), was convicted of violating 
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) 
(``AECA''). Specifically, Bishop knowingly and willfully attempted to 
export from the United States to Jordan approximately 7,496 rounds of 
9mm and 7.62 x 39mm ammunition, which were designated as defense 
articles on the United States Munitions List, without first obtaining 
the required license or written authorization from the State 
Department. Bishop was sentenced to probation for a term of two years; 
six months home confinement; criminal fine of $25,000 and fined a $100 
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,

[[Page 17726]]

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 Bishop's conviction for violating the 
AECA, and has provided notice and an opportunity for Bishop to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Bishop.
    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 Bishop's export privileges under the Regulations 
for a period of five years from the date of Bishop's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Bishop had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until May 7, 2018, Brian Keith 
Bishop, with a last known address of 93000 Pretoria Place, Dulles, VA 
20189-9300, 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 Bishop 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, Bishop 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 Bishop. This 
Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until May 7, 2018.

    Issued this 26th day of March, 2015.
Thomas Andrukonis,
Acting Director, Office of Exporter Services.
[FR Doc. 2015-07638 Filed 4-1-15; 8:45 am]
BILLING CODE CODE P
17726 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices

or any order, license or authorization exported from the United States that is within 45 days from the date of this
issued thereunder; any regulation, subject to the Regulations, or in any Order and must comply with the
license, or order issued under the other activity subject to the Regulations; provisions of Part 756 of the
International Emergency Economic or Regulations.
Powers Act (50 U.S.C. 1701–1706); 18 C. Benefitting in any way from any Fifth, a copy of this Order shall be
U.S.C. 793, 794 or 798; section 4(b) of transaction involving any item exported delivered to the Bishop. This Order
the Internal Security Act of 1950 (50 or to be exported from the United States shall be published in the Federal
U.S.C. 783(b)), or section 38 of the Arms that is subject to the Regulations, or in
Register.
Export Control Act (22 U.S.C. 2778).’’ 15 any other activity subject to the
CFR 766.25(a); see also Section 11(h) of Regulations. Sixth, this Order is effective
the EAA, 50 U.S.C. app. § 2410(h). The Second, no person may, directly or immediately and shall remain in effect
denial of export privileges under this indirectly, do any of the following: until May 7, 2018.
provision may be for a period of up to A. Export or reexport to or on behalf Issued this 26th day of March, 2015.
10 years from the date of the conviction. of the Denied Person any item subject to
Thomas Andrukonis,
15 CFR 766.25(d); see also 50 U.S.C. the Regulations;
B. Take any action that facilitates the Acting Director, Office of Exporter Services.
app. § 2410(h). In addition, Section
750.8 of the Regulations states that the acquisition or attempted acquisition by [FR Doc. 2015–07638 Filed 4–1–15; 8:45 am]
Bureau of Industry and Security’s Office the Denied Person of the ownership, BILLING CODE CODE P
of Exporter Services may revoke any possession, or control of any item
Bureau of Industry and Security (‘‘BIS’’) subject to the Regulations that has been
licenses previously issued in which the or will be exported from the United DEPARTMENT OF COMMERCE
person had an interest in at the time of States, including financing or other
his conviction. support activities related to a Bureau of Industry and Security
BIS has received notice of Bishop’s transaction whereby the Denied Person
conviction for violating the AECA, and acquires or attempts to acquire such Order Renewing Order Temporarily
has provided notice and an opportunity ownership, possession or control; Denying Export Privileges; X–TREME
for Bishop to make a written submission C. Take any action to acquire from or Motors LLC, et al.
to BIS, as provided in Section 766.25 of to facilitate the acquisition or attempted
In the Matter of: X–TREME Motors LLC, a/
the Regulations. BIS has not received a acquisition from the Denied Person of
k/a XTREME Motors, 2496 South 1900 West,
submission from Bishop. any item subject to the Regulations that
West Haven, Utah 84401; and XTREME
Based upon my review and has been exported from the United Outdoor Store, a/k/a XTREME Outdoors,
consultations with BIS’s Office of States; 2496 South 1900 West, West Haven, Utah
Export Enforcement, including its D. Obtain from the Denied Person in
84401; and Tyson Preece, 3930 West Old
Director, and the facts available to BIS, the United States any item subject to the
Highway Road, Morgan, Utah 84050; and
I have decided to deny Bishop’s export Regulations with knowledge or reason Corey Justin Preece, a/k/a Corey Preece, a/k/
privileges under the Regulations for a to know that the item will be, or is a Justin Preece, 1245 South Morgan Valley
period of five years from the date of intended to be, exported from the Drive, Morgan, Utah 84050; and Toby Green,
Bishop’s conviction. I have also decided United States; or 480 West 175 North, Morgan, Utah 84050.
to revoke all licenses issued pursuant to E. Engage in any transaction to service
the Act or Regulations in which Bishop any item subject to the Regulations that Pursuant to Section 766.24 of the
had an interest at the time of his has been or will be exported from the Export Administration Regulations, 15
conviction. United States and which is owned, CFR parts 730–774 (2014) (‘‘EAR’’ or the
Accordingly, it is hereby ordered: possessed or controlled by the Denied ‘‘Regulations’’),1 I hereby grant the
First, from the date of this Order until Person, or service any item, of whatever request of the Office of Export
May 7, 2018, Brian Keith Bishop, with origin, that is owned, possessed or Enforcement (‘‘OEE’’) to renew the
a last known address of 93000 Pretoria controlled by the Denied Person if such September 30, 2014 Order Temporarily
Place, Dulles, VA 20189–9300, and service involves the use of any item Denying the Export Privileges of X–
when acting for or on his behalf, his subject to the Regulations that has been TREME Motors LLC, also known as
successors, assigns, employees, agents or will be exported from the United XTREME Motors; XTREME Outdoor
or representatives (the ‘‘Denied States. For purposes of this paragraph, Store, also known as XTREME
Person’’), may not, directly or indirectly, servicing means installation, Outdoors; Tyson Preece; Corey Justin
participate in any way in any maintenance, repair, modification or Preece, also known as Corey Preece or
transaction involving any commodity, testing. Justin Preece; and Toby Green I find that
software or technology (hereinafter Third, after notice and opportunity for renewal of the Temporary Denial Order
collectively referred to as ‘‘item’’) comment as provided in Section 766.23 (‘‘TDO’’) is necessary in the public
exported or to be exported from the of the Regulations, any other person, interest to prevent an imminent
United States that is subject to the firm, corporation, or business violation of the EAR.
Regulations, including, but not limited organization related to Bishop by
to: ownership, control, position of 1 The EAR are currently codified at 15 CFR parts
A. Applying for, obtaining, or using responsibility, affiliation, or other 730–774 (2014). The EAR issued under the Export
any license, License Exception, or connection in the conduct of trade or Administration Act of 1979, as amended (50 U.S.C.
export control document; business may also be made subject to app. §§ 2401–2420 (2000)) (‘‘EAA’’). Since August
21, 2001, the Act has been in lapse and the
tkelley on DSK3SPTVN1PROD with NOTICES

B. Carrying on negotiations the provisions of this Order in order to President, through Executive Order 13222 of August
concerning, or ordering, buying, prevent evasion of this Order. 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of has been extended by successive Presidential
storing, disposing of, forwarding, the Regulations, Bishop may file an Notices, the most recent being that of August 7,
2014 (79 FR 46959 (Aug. 11, 2014)), has continued
transporting, financing, or otherwise appeal of this Order with the Under the Regulations in effect under the International
servicing in any way, any transaction Secretary of Commerce for Industry and Emergency Economic Powers Act (50 U.S.C. 1701,
involving any item exported or to be Security. The appeal must be filed et seq.) (2006 & Supp. IV 2010).

VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\02APN1.SGM 02APN1
Document Created: 2018-02-21 10:03:26
Document Modified: 2018-02-21 10:03:26
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 17725
80 FR 17725 - 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
