81 FR 16137 - In the Matter of: Nutveena Sirirojnananont, 399 Maplewood Avenue, Portmouth, NH 03801; Order Denying Export Privileges
UNITED STATES DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 81, Issue 58 (March 25, 2016)
Bureau of Industry and Security
Federal Register Volume 81, Issue 58 (March 25, 2016)
| Page Range | 16137-16138 | |
| FR Document | 2016-06820 |
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)] [Notices] [Pages 16137-16138] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06820] ======================================================================= ----------------------------------------------------------------------- UNITED STATES DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Nutveena Sirirojnananont, 399 Maplewood Avenue, Portmouth, NH 03801; Order Denying Export Privileges On August 26, 2014, in the U.S. District Court for the District of New Hamsphire, Nutveena Sirirojnananont (``Sirirojnananont''), was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Sirirojnananont knowingly and willfully caused to be exported from the United States to Thailand firearms which were designated as defense articles on the United States Munitions List, without having obtained from the United States Department of State a license or written approval for the export of these defense articles. Sirirojnananont was sentenced to 10 months of imprisonment, one year of supervised release, and fined a $600 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. Sec. 1701-1706); 18 U.S.C. Sec. Sec. 793, 794 or 798; section 4(b) of the Internal Security Act of 1950 (50 U.S.C. Sec. 783(b)), or section 38 of the Arms Export Control Act (22 U.S.C. Sec. 2778).'' 15 CFR 766.25(a); see also Section 11(h) of the EAA, 50 U.S.C. 4610(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. 4610(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 her conviction. --------------------------------------------------------------------------- \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. 4601- 4623 (Supp. III 2015) (available at http://uscode.house.gov)). 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, 2015 (80 FR 48,233 (Aug. 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 Sirirojnananont's conviction for violating the AECA, and has provided notice and an opportunity for Sirirojnananont to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Sirirojnananont. 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 Sirirojnananont's export privileges under the Regulations for a period of 10 years from the date of Sirirojnananont's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Sirirojnananont had an interest at the time of her conviction. Accordingly, it is hereby ORDERED: First, from the date of this Order until August 26, 2024, Nutveena Sirirojnananont, with a last known address of 399 Maplewood Avenue, Portmouth, NH 03801, and when acting for or on her behalf, her 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: [[Page 16138]] 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 Sirirojnananont 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, Sirirojnananont 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 Sirirojnananont. This Order shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until August 26, 2024. Issued this 18th day of March, 2016. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2016-06820 Filed 3-24-16; 8:45 am] BILLING CODE P
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credit structure through the UNITED STATES DEPARTMENT OF Bureau of Industry and Security’s Office
guaranteeing of quality loans made by COMMERCE of Exporter Services may revoke any
lending institutions, thereby providing Bureau of Industry and Security (‘‘BIS’’)
lasting community benefits. The Bureau of Industry and Security licenses previously issued in which the
collected information is necessary to person had an interest in at the time of
assist Agency loan officers and approval In the Matter of: Nutveena her conviction.
officials in determining program Sirirojnananont, 399 Maplewood
BIS has received notice of
eligibility and program monitoring. Avenue, Portmouth, NH 03801; Order
Sirirojnananont’s conviction for
Denying Export Privileges
Estimate of Burden: Public reporting violating the AECA, and has provided
for this collection of information is On August 26, 2014, in the U.S. notice and an opportunity for
estimated to average 30 minutes to 12 District Court for the District of New Sirirojnananont to make a written
hours per response. Hamsphire, Nutveena Sirirojnananont submission to BIS, as provided in
(‘‘Sirirojnananont’’), was convicted of Section 766.25 of the Regulations. BIS
Respondents: Business or other for- violating Section 38 of the Arms Export has not received a submission from
profit; State, Local or Tribal; Lenders, Control Act (22 U.S.C. 2778 (2012)) Sirirojnananont.
accountants, attorneys. (‘‘AECA’’). Specifically, Sirirojnananont Based upon my review and
Estimated Number of Respondents: knowingly and willfully caused to be consultations with BIS’s Office of
225. exported from the United States to Export Enforcement, including its
Estimated Number of Responses per Thailand firearms which were Director, and the facts available to BIS,
Respondent: 1. designated as defense articles on the I have decided to deny Sirirojnananont’s
United States Munitions List, without export privileges under the Regulations
Estimated Number of Responses: 462. having obtained from the United States for a period of 10 years from the date of
Estimated Total Annual Burden on Department of State a license or written Sirirojnananont’s conviction. I have also
Respondents: 955 hours. approval for the export of these defense decided to revoke all licenses issued
Copies of this information collection articles. Sirirojnananont was sentenced pursuant to the Act or Regulations in
can be obtained from Jeanne Jacobs, to 10 months of imprisonment, one year which Sirirojnananont had an interest at
Regulations and Paperwork of supervised release, and fined a $600 the time of her conviction.
Management Branch, Support Services assessment. Accordingly, it is hereby ORDERED:
Division at (202) 692–0040. Section 766.25 of the Export
First, from the date of this Order until
Administration Regulations (‘‘EAR’’ or
Comments: Comments are invited on: August 26, 2024, Nutveena
‘‘Regulations’’) 1 provides, in pertinent
(a) Whether the proposed collection of Sirirojnananont, with a last known
part, that ‘‘[t]he Director of the Office of
information is necessary for the proper address of 399 Maplewood Avenue,
Exporter Services, in consultation with
performance of the functions of RBS, Portmouth, NH 03801, and when acting
the Director of the Office of Export
including whether the information will for or on her behalf, her successors,
Enforcement, may deny the export
have practical utility; (b) the accuracy of assigns, employees, agents or
privileges of any person who has been
RBS’s estimate of the burden of the representatives (the ‘‘Denied Person’’),
convicted of a violation of the Export
proposed collection of information may not, directly or indirectly,
Administration Act (‘‘EAA’’), the EAR,
including the validity of the participate in any way in any
or any order, license or authorization
methodology and assumptions used; (c) transaction involving any commodity,
issued thereunder; any regulation,
ways to enhance the quality, utility, and software or technology (hereinafter
license, or order issued under the
clarity of the information to be collectively referred to as ‘‘item’’)
International Emergency Economic
collected; and (d) ways to minimize the exported or to be exported from the
Powers Act (50 U.S.C. § 1701–1706); 18
burden of the collection of information United States that is subject to the
U.S.C. §§ 793, 794 or 798; section 4(b)
on those who are to respond, including Regulations, including, but not limited
of the Internal Security Act of 1950 (50
through the use of appropriate to:
U.S.C. § 783(b)), or section 38 of the
automated, electronic, mechanical, or Arms Export Control Act (22 U.S.C. A. Applying for, obtaining, or using
other technological collection § 2778).’’ 15 CFR 766.25(a); see also any license, License Exception, or
techniques or other forms of information Section 11(h) of the EAA, 50 U.S.C. export control document;
technology. Comments may be sent to 4610(h). The denial of export privileges B. Carrying on negotiations
Jeanne Jacobs, Regulations and under this provision may be for a period concerning, or ordering, buying,
Paperwork Management Branch, of up to 10 years from the date of the receiving, using, selling, delivering,
Support Services Division, U.S. conviction. 15 CFR 766.25(d); see also storing, disposing of, forwarding,
Department of Agriculture, Rural 50 U.S.C. 4610(h). In addition, Section transporting, financing, or otherwise
Development, STOP 0742, 1400 750.8 of the Regulations states that the servicing in any way, any transaction
Independence Ave. SW., Washington, involving any item exported or to be
DC 20250. 1 The Regulations are currently codified in the exported from the United States that is
All responses to this notice will be
Code of Federal Regulations at 15 CFR parts 730– subject to the Regulations, or in any
774 (2015). The Regulations issued pursuant to the other activity subject to the Regulations;
summarized and included in the request Export Administration Act (50 U.S.C. 4601–4623
for OMB approval. All comments will or
asabaliauskas on DSK3SPTVN1PROD with NOTICES
(Supp. III 2015) (available at http://
also become a matter of public record. uscode.house.gov)). Since August 21, 2001, the Act C. Benefitting in any way from any
has been in lapse and the President, through transaction involving any item exported
Dated: February 25, 2016. Executive Order 13222 of August 17, 2001 (3 CFR,
or to be exported from the United States
2001 Comp. 783 (2002)), which has been extended
William C. Smith, by successive Presidential Notices, the most recent that is subject to the Regulations, or in
Acting Administrator, Rural Business- being that of August 7, 2015 (80 FR 48,233 (Aug. any other activity subject to the
Cooperative Service. 11, 2015)), has continued the Regulations in effect Regulations.
under the International Emergency Economic
[FR Doc. 2016–06768 Filed 3–24–16; 8:45 am] Second, no person may, directly or
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
BILLING CODE 3410–XY–P IV 2010)). indirectly, do any of the following:
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![16138 Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices
A. Export or reexport to or on behalf Issued this 18th day of March, 2016. order, changed its name from Yuyao to
of the Denied Person any item subject to Karen H. Nies-Vogel, Ningbo. On December 22, 2015, Ningbo
the Regulations; Director, Office of Exporter Services. requested that the Department conduct
B. Take any action that facilitates the [FR Doc. 2016–06820 Filed 3–24–16; 8:45 am] a changed circumstances review under
acquisition or attempted acquisition by BILLING CODE P
section 751(b) of the Tariff Act of 1930,
the Denied Person of the ownership, as amended (the Act) and 19 CFR
possession, or control of any item 351.216.3 In this request, Ningbo asked
subject to the Regulations that has been DEPARTMENT OF COMMERCE the Department to determine that it is
or will be exported from the United the successor-in-interest to Yuyao and,
States, including financing or other International Trade Administration accordingly, to assign it the cash deposit
support activities related to a [A–570–983]
rate of Yuyao.4
transaction whereby the Denied Person On February 12, 2016, the Department
acquires or attempts to acquire such Notice of Final Results of Antidumping published its notice of initiation and
ownership, possession or control; Duty Changed Circumstances Review: preliminary results of this changed
C. Take any action to acquire from or Drawn Stainless Steel Sinks From the circumstances review, determining that
to facilitate the acquisition or attempted People’s Republic of China Ningbo is the successor-in-interest to
acquisition from the Denied Person of Yuyao.5 In the Initiation and
any item subject to the Regulations that AGENCY: Enforcement and Compliance, Preliminary Results, we provided all
has been exported from the United International Trade Administration, interested parties with an opportunity to
States; Department of Commerce comment and to request a public
SUMMARY: On February 12, 2016, the hearing regarding our preliminary
D. Obtain from the Denied Person in
Department of Commerce (the finding that Ningbo is the successor-in-
the United States any item subject to the
Department) published its notice of interest to Yuyao. On February 26, 2016,
Regulations with knowledge or reason
initiation and preliminary results of a Ningbo submitted comments in support
to know that the item will be, or is
changed circumstances review of the of our preliminary finding.6 We
intended to be, exported from the
antidumping duty order on drawn received no comments in opposition to
United States; or
stainless steel sinks (drawn sinks) from our preliminary finding and no requests
E. Engage in any transaction to service
the People’s Republic of China (PRC).1 for a public hearing from interested
any item subject to the Regulations that
In that notice, we preliminarily parties within the time period set forth
has been or will be exported from the
determined that Ningbo Afa Kitchen in the Initiation and Preliminary
United States and which is owned,
and Bath Co., Ltd. (Ningbo) is the Results.
possessed or controlled by the Denied
successor-in-interest to Yuyao Afa
Person, or service any item, of whatever Scope of the Order
Kitchenware Co., Ltd. (Yuyao) for
origin, that is owned, possessed or The products covered by the scope of
purposes of determining antidumping
controlled by the Denied Person if such this order are drawn stainless steel sinks
duty cash deposits and liabilities. No
service involves the use of any item with single or multiple drawn bowls,
interested party submitted comments in
subject to the Regulations that has been with or without drain boards, whether
opposition to the Initiation and
or will be exported from the United finished or unfinished, regardless of
Preliminary Results. For these final
States. For purposes of this paragraph, type of finish, gauge, or grade of
results, the Department continues to
servicing means installation, stainless steel. Mounting clips,
find that Ningbo is the successor-in-
maintenance, repair, modification or fasteners, seals, and sound-deadening
interest to Yuyao.
testing. pads are also covered by the scope of
DATES: Effective March 25, 2016.
Third, after notice and opportunity for this order if they are included within
comment as provided in Section 766.23 FOR FURTHER INFORMATION CONTACT: Ross
Belliveau or Brian Smith, AD/CVD the sales price of the drawn stainless
of the Regulations, any other person, steel sinks. For purposes of this scope
firm, corporation, or business Operations, Office II, Enforcement and
Compliance, International Trade definition, the term ‘‘drawn’’ refers to a
organization related to Sirirojnananont manufacturing process using metal
by ownership, control, position of Administration, U.S. Department of
Commerce, 1401 Constitution Avenue forming technology to produce a smooth
responsibility, affiliation, or other basin with seamless, smooth, and
connection in the conduct of trade or NW., Washington, DC 20230; telephone:
(202) 482–4952 or (202) 482–1766, rounded corners. Drawn stainless steel
business may also be made subject to sinks are available in various shapes
the provisions of this Order in order to respectively.
and configurations and may be
prevent evasion of this Order. SUPPLEMENTARY INFORMATION:
described in a number of ways
Fourth, in accordance with Part 756 of including flush mount, top mount, or
Background
the Regulations, Sirirojnananont may undermount (to include the attachment
file an appeal of this Order with the On April 11, 2013, the Department
published in the Federal Register an AD relative to the countertop). Stainless
Under Secretary of Commerce for
Industry and Security. The appeal must order on drawn sinks from the PRC.2 On 3 See Letter from Ningbo, entitled ‘‘Drawn
be filed within 45 days from the date of November 19, 2015, Yuyao, a producer/ Stainless Steel Sinks from the People’s Republic of
this Order and must comply with the exporter of drawn sinks covered by this China: Request for Changed Circumstances Review
provisions of Part 756 of the by Yuyao Afa Kitchenware Co., Ltd. and Ningbo Afa
asabaliauskas on DSK3SPTVN1PROD with NOTICES
1 See Notice of Initiation and Preliminary Results Kitchen and Bath Co., Ltd.,’’ dated December 22,
Regulations. 2015.
of Antidumping Duty Changed Circumstances
Fifth, a copy of this Order shall be Review: Drawn Stainless Steel Sinks From the 4 Id.
delivered to the Sirirojnananont. This People’s Republic of China, 81 FR 7504 (February 5 See Initiation and Preliminary Results.
Order shall be published in the Federal 12, 2016) (Initiation and Preliminary Results). 6 See Letter from Ningbo, entitled ‘‘Drawn
2 See Drawn Stainless Steel Sinks from the Stainless Steel Sinks from the People’s Republic of
Register.
People’s Republic of China: Amended Final China: Comments on Changed Circumstances
Sixth, this Order is effective Determination of Sales at Less Than Fair Value and Review by Yuyao Afa Kitchenware Co., Ltd. and
immediately and shall remain in effect Antidumping Duty Order, 78 FR 21592 (April 11, Ningbo Afa Kitchen and Bath Co., Ltd.,’’ dated
until August 26, 2024. 2013). February 26, 2016.
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Document Created: 2018-02-02 15:18:06
Document Modified: 2018-02-02 15:18:06
| 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 | 81 FR 16137 |
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