80 FR 61359 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 197 (October 13, 2015)

Page Range		61359-61360
FR Document		2015-25944
Federal Register, Volume 80 Issue 197 (Tuesday, October 13, 2015)
[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61359-61360]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25944]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

In the Matter of: Wilfredo Maralit, Inmate Number--66605-112, FCI 
Ashland,

[[Page 61360]]

Federal Correctional Institution, P.O. Box 6001, Ashland, KY 41105 
and with an address at: 45 Betts Avenue, Lawrenceville, NJ 08648.

    On March 27, 2015, in the U.S. District Court for the Eastern 
District of New York, Wilfredo Maralit (``Maralit''), was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Specifically, Maralit knowingly and willfully 
exported from the United States to the Philippines one or more defense 
articles, designated on the United States Munitions List, to wit: 
Various firearms and firearms accessories and components, without first 
obtaining the required license or written approval from the State 
Department. Maralit was sentenced to 36 months of imprisonment, three 
years of supervised release, 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, 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 (2015). 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, 2015 (80 FR 48233 (August 11, 2015)), has 
continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. 
IV 2010)).
---------------------------------------------------------------------------

    BIS has received notice of Maralit's conviction for violating the 
AECA, and has provided notice and an opportunity for Maralit to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Maralit.
    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 Maralit's export privileges under the Regulations 
for a period of 10 years from the date of Maralit's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Maralit had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until March 27, 2025, Wilfredo 
Maralit, with last known addresses of Inmate Number--66605-112, FCI 
Ashland, Federal Correctional Institution, P.O. Box 6001, Ashland KY 
41105 and 45 Betts Avenue, Lawrenceville, NJ 08648, 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 Maralit 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, Maralit 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 Maralit. This 
Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until March 27, 2025.

    Issued this 5th day of October, 2015.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2015-25944 Filed 10-9-15; 8:45 am]
 BILLING CODE P
Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices 61359

New York, Rex Gene Maralit the Regulations. BIS has not received a C. Take any action to acquire from or
(‘‘Maralit’’), was convicted of violating submission from Maralit. to facilitate the acquisition or attempted
Section 38 of the Arms Export Control Based upon my review and acquisition from the Denied Person of
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). consultations with BIS’s Office of any item subject to the Regulations that
Specifically, Maralit knowingly and Export Enforcement, including its has been exported from the United
willfully exported from the United Director, and the facts available to BIS, States;
States to the Philippines one or more I have decided to deny Maralit’s export D. Obtain from the Denied Person in
defense articles, designated on the privileges under the Regulations for a the United States any item subject to the
United States Munitions List, to wit: period of 10 years from the date of Regulations with knowledge or reason
Various firearms and firearms Maralit’s conviction. I have also decided to know that the item will be, or is
accessories and components, without to revoke all licenses issued pursuant to intended to be, exported from the
first obtaining the required license or the Act or Regulations in which Maralit United States; or
written approval from the State had an interest at the time of his E. Engage in any transaction to service
Department. Maralit was sentenced to conviction. any item subject to the Regulations that
36 months of imprisonment, three years Accordingly, it is hereby ordered: has been or will be exported from the
of supervised release, and fined a $100 First, from the date of this Order until United States and which is owned,
assessment. March 27, 2025, Rex Gene Maralit, with possessed or controlled by the Denied
Section 766.25 of the Export a last known address of Inmate Person, or service any item, of whatever
Administration Regulations (‘‘EAR’’ or Number—80731–053, FCI Ashland, origin, that is owned, possessed or
‘‘Regulations’’) 1 provides, in pertinent Federal Correctional Institution, P.O. controlled by the Denied Person if such
part, that ‘‘[t]he Director of the Office of Box 6001, Ashland, KY 41105, and service involves the use of any item
Exporter Services, in consultation with when acting for or on his behalf, his subject to the Regulations that has been
the Director of the Office of Export successors, assigns, employees, agents or will be exported from the United
Enforcement, may deny the export or representatives (the ‘‘Denied States. For purposes of this paragraph,
privileges of any person who has been Person’’), may not, directly or indirectly, servicing means installation,
convicted of a violation of the Export participate in any way in any maintenance, repair, modification or
Administration Act (‘‘EAA’’), the EAR, transaction involving any commodity, testing.
or any order, license or authorization software or technology (hereinafter Third, after notice and opportunity for
issued thereunder; any regulation, collectively referred to as ‘‘item’’) comment as provided in Section 766.23
license, or order issued under the exported or to be exported from the of the Regulations, any other person,
International Emergency Economic United States that is subject to the firm, corporation, or business
Powers Act (50 U.S.C. sections 1701– Regulations, including, but not limited organization related to Maralit by
1706); 18 U.S.C. sections 793, 794 or to: ownership, control, position of
798; section 4(b) of the Internal Security A. Applying for, obtaining, or using responsibility, affiliation, or other
Act of 1950 (50 U.S.C. 783(b)), or any license, License Exception, or connection in the conduct of trade or
section 38 of the Arms Export Control export control document; business may also be made subject to
Act (22 U.S.C. 2778).’’ 15 CFR 766.25(a); B. Carrying on negotiations the provisions of this Order in order to
see also Section 11(h) of the EAA, 50 concerning, or ordering, buying, prevent evasion of this Order.
U.S.C. app. 2410(h). The denial of receiving, using, selling, delivering, Fourth, in accordance with Part 756 of
export privileges under this provision storing, disposing of, forwarding, the Regulations, Maralit may file an
may be for a period of up to 10 years transporting, financing, or otherwise appeal of this Order with the Under
from the date of the conviction. 15 CFR servicing in any way, any transaction Secretary of Commerce for Industry and
766.25(d); see also 50 U.S.C. app. involving any item exported or to be Security. The appeal must be filed
2410(h). In addition, Section 750.8 of exported from the United States that is within 45 days from the date of this
the Regulations states that the Bureau of subject to the Regulations, or in any Order and must comply with the
Industry and Security’s Office of other activity subject to the Regulations; provisions of Part 756 of the
Exporter Services may revoke any or Regulations.
C. Benefitting in any way from any Fifth, a copy of this Order shall be
Bureau of Industry and Security (‘‘BIS’’)
transaction involving any item exported delivered to the Maralit. This Order
licenses previously issued in which the
or to be exported from the United States shall be published in the Federal
person had an interest in at the time of
that is subject to the Regulations, or in Register.
his conviction.
BIS has received notice of Maralit’s any other activity subject to the Sixth, this Order is effective
conviction for violating the AECA, and Regulations. immediately and shall remain in effect
Second, no person may, directly or until March 27, 2025.
has provided notice and an opportunity
indirectly, do any of the following:
for Maralit to make a written submission A. Export or reexport to or on behalf Issued this 5th day of October, 2015.
to BIS, as provided in Section 766.25 of of the Denied Person any item subject to Karen H. Nies-Vogel,
the Regulations; Director, Office of Exporter Services.
1 The Regulations are currently codified in the

Code of Federal Regulations at 15 CFR parts 730–
B. Take any action that facilitates the [FR Doc. 2015–25936 Filed 10–9–15; 8:45 am]
774 (2015). The Regulations issued pursuant to the acquisition or attempted acquisition by BILLING CODE P
Export Administration Act (50 U.S.C. app. sections the Denied Person of the ownership,
2401–2420 (2000)) (‘‘EAA’’). Since August 21, 2001,
mstockstill on DSK4VPTVN1PROD with NOTICES

possession, or control of any item
the EAA has been in lapse and the President, DEPARTMENT OF COMMERCE
through Executive Order 13222 of August 17, 2001
subject to the Regulations that has been
(3 CFR, 2001 Comp. 783 (2002)), which has been or will be exported from the United
extended by successive Presidential Notices, the States, including financing or other Bureau of Industry and Security
most recent being that of August 7, 2015 (80 FR support activities related to a
48233 (August 11, 2015)), has continued the Order Denying Export Privileges
Regulations in effect under the International
transaction whereby the Denied Person
Emergency Economic Powers Act (50 U.S.C. 1701, acquires or attempts to acquire such In the Matter of: Wilfredo Maralit, Inmate
et seq. (2006 & Supp. IV 2010)). ownership, possession or control; Number—66605–112, FCI Ashland,

VerDate Sep<11>2014 21:23 Oct 09, 2015 Jkt 238001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\13OCN1.SGM 13OCN1
61360 Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices

Federal Correctional Institution, P.O. Box has provided notice and an opportunity support activities related to a
6001, Ashland, KY 41105 and with an for Maralit to make a written submission transaction whereby the Denied Person
address at: 45 Betts Avenue, Lawrenceville, to BIS, as provided in Section 766.25 of acquires or attempts to acquire such
NJ 08648.
the Regulations. BIS has not received a ownership, possession or control;
On March 27, 2015, in the U.S. submission from Maralit.
District Court for the Eastern District of Based upon my review and C. Take any action to acquire from or
New York, Wilfredo Maralit (‘‘Maralit’’), consultations with BIS’s Office of to facilitate the acquisition or attempted
was convicted of violating Section 38 of Export Enforcement, including its acquisition from the Denied Person of
the Arms Export Control Act (22 U.S.C. Director, and the facts available to BIS, any item subject to the Regulations that
2778 (2012)) (‘‘AECA’’). Specifically, I have decided to deny Maralit’s export has been exported from the United
Maralit knowingly and willfully privileges under the Regulations for a States;
exported from the United States to the period of 10 years from the date of D. Obtain from the Denied Person in
Philippines one or more defense Maralit’s conviction. I have also decided the United States any item subject to the
articles, designated on the United States to revoke all licenses issued pursuant to Regulations with knowledge or reason
Munitions List, to wit: Various firearms the Act or Regulations in which Maralit to know that the item will be, or is
and firearms accessories and had an interest at the time of his intended to be, exported from the
components, without first obtaining the conviction. United States; or
required license or written approval Accordingly, it is hereby ordered:
from the State Department. Maralit was First, from the date of this Order until E. Engage in any transaction to service
sentenced to 36 months of March 27, 2025, Wilfredo Maralit, with any item subject to the Regulations that
imprisonment, three years of supervised last known addresses of Inmate has been or will be exported from the
release, and fined a $100 assessment. Number—66605–112, FCI Ashland, United States and which is owned,
Section 766.25 of the Export Federal Correctional Institution, P.O. possessed or controlled by the Denied
Administration Regulations (‘‘EAR’’ or Box 6001, Ashland KY 41105 and 45 Person, or service any item, of whatever
‘‘Regulations’’) 1 provides, in pertinent Betts Avenue, Lawrenceville, NJ 08648, origin, that is owned, possessed or
part, that ‘‘[t]he Director of the Office of and when acting for or on his behalf, his controlled by the Denied Person if such
Exporter Services, in consultation with successors, assigns, employees, agents service involves the use of any item
the Director of the Office of Export or representatives (the ‘‘Denied subject to the Regulations that has been
Enforcement, may deny the export Person’’), may not, directly or indirectly, or will be exported from the United
privileges of any person who has been participate in any way in any States. For purposes of this paragraph,
convicted of a violation of the Export transaction involving any commodity, servicing means installation,
Administration Act (‘‘EAA’’), the EAR, software or technology (hereinafter maintenance, repair, modification or
or any order, license or authorization collectively referred to as ‘‘item’’) testing.
issued thereunder; any regulation, exported or to be exported from the
license, or order issued under the United States that is subject to the Third, after notice and opportunity for
International Emergency Economic Regulations, including, but not limited comment as provided in Section 766.23
Powers Act (50 U.S.C. 1701–1706); 18 to: of the Regulations, any other person,
U.S.C. 793, 794 or 798; section 4(b) of A. Applying for, obtaining, or using firm, corporation, or business
the Internal Security Act of 1950 (50 any license, License Exception, or organization related to Maralit by
U.S.C. 783(b)), or section 38 of the Arms export control document; ownership, control, position of
Export Control Act (22 U.S.C. 2778).’’ 15 B. Carrying on negotiations responsibility, affiliation, or other
CFR 766.25(a); see also Section 11(h) of concerning, or ordering, buying, connection in the conduct of trade or
the EAA, 50 U.S.C. app. § 2410(h). The receiving, using, selling, delivering, business may also be made subject to
denial of export privileges under this storing, disposing of, forwarding, the provisions of this Order in order to
provision may be for a period of up to transporting, financing, or otherwise prevent evasion of this Order.
10 years from the date of the conviction. servicing in any way, any transaction
15 CFR 766.25(d); see also 50 U.S.C. involving any item exported or to be Fourth, in accordance with Part 756 of
app. § 2410(h). In addition, Section exported from the United States that is the Regulations, Maralit may file an
750.8 of the Regulations states that the subject to the Regulations, or in any appeal of this Order with the Under
Bureau of Industry and Security’s Office other activity subject to the Regulations; Secretary of Commerce for Industry and
of Exporter Services may revoke any or Security. The appeal must be filed
Bureau of Industry and Security (‘‘BIS’’) C. Benefitting in any way from any within 45 days from the date of this
licenses previously issued in which the transaction involving any item exported Order and must comply with the
person had an interest in at the time of or to be exported from the United States provisions of Part 756 of the
his conviction. that is subject to the Regulations, or in Regulations.
BIS has received notice of Maralit’s any other activity subject to the Fifth, a copy of this Order shall be
conviction for violating the AECA, and Regulations. delivered to the Maralit. This Order
Second, no person may, directly or shall be published in the Federal
1 The Regulations are currently codified in the
indirectly, do any of the following: Register.
Code of Federal Regulations at 15 CFR parts 730–
774 (2015). The Regulations issued pursuant to the A. Export or reexport to or on behalf
Export Administration Act (50 U.S.C. app. §§ 2401– of the Denied Person any item subject to Sixth, this Order is effective
mstockstill on DSK4VPTVN1PROD with NOTICES

2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the the Regulations; immediately and shall remain in effect
EAA has been in lapse and the President, through B. Take any action that facilitates the until March 27, 2025.
Executive Order 13222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), which has been extended acquisition or attempted acquisition by Issued this 5th day of October, 2015.
by successive Presidential Notices, the most recent the Denied Person of the ownership,
Karen H. Nies-Vogel,
being that of August 7, 2015 (80 FR 48233 (August possession, or control of any item
11, 2015)), has continued the Regulations in effect subject to the Regulations that has been Director, Office of Exporter Services.
under the International Emergency Economic
or will be exported from the United [FR Doc. 2015–25944 Filed 10–9–15; 8:45 am]
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
IV 2010)). States, including financing or other BILLING CODE P

VerDate Sep<11>2014 21:23 Oct 09, 2015 Jkt 238001 PO 00000 Frm 00027 Fmt 4703 Sfmt 9990 E:\FR\FM\13OCN1.SGM 13OCN1
Document Created: 2018-02-27 08:48:12
Document Modified: 2018-02-27 08:48:12
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 61359
80 FR 61359 - Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 80, Issue 197 (October 13, 2015)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
