81_FR_22650 81 FR 22576 - Order Denying Export Privileges

81 FR 22576 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 81, Issue 74 (April 18, 2016)

Page Range22576-22577
FR Document2016-08919

Federal Register, Volume 81 Issue 74 (Monday, April 18, 2016) 
[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)]
[Notices]
[Pages 22576-22577]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08919]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Alexandre Astakhov, Register Number: 68614-
066, USP Lewisburg, U.S. Penitentiary, Federal Prison Camp, P.O. Box 
2000, Lewisburg, PA 17837.

    On May 7, 2015, in the U.S. District Court for the Eastern District 
of Pennsylvania, Alexandre Astakhov (``Astakhov''), was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Specifically, Astakhov knowingly and willfully 
attempted to export from the United States to Russia, and aided and 
abetted the attempted export of, defense articles, that is two L-3 
CNVD-T thermal clip-on night vision devices, which were designated as a 
defense article on the United States Munitions List, without having 
first obtained from the Department of State a license for such export 
or written authorization for such export. Astakhov was sentenced to 39 
months of imprisonment, three years of supervised release, 150 hours of 
community service, a criminal fine of $2,500 and a $200 assessment.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent

[[Page 22577]]

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. 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.
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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. 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)).
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    BIS has received notice of Astakhov's conviction for violating the 
AECA, and has provided notice and an opportunity for Astakhov to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has received a submission from Astakhov.
    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 Astakhov's export privileges under the Regulations 
for a period of 10 years from the date of Astakhov's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Astakhov had an interest at the time of her 
conviction.
    Accordingly, it is hereby ORDERED:
    First, from the date of this Order until May 7, 2025, Alexandre 
Astakhov, with a last known address of Register Number: 68614-066, USP 
Lewisburg, U.S. Penitentiary, Federal Prison Camp, P.O. Box 2000, 
Lewisburg, PA 17837, 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 Astakhov 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, Astakhov 
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 Astakhov. 
This Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until May 7, 2025.

     Issued this 11 day of April 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-08919 Filed 4-15-16; 8:45 am]
 BILLING CODE P

22576 Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices submission and consultations with BIS’s other activity subject to the Regulations; must be filed within 45 days from the Office of Export Enforcement, including or date of this Order and must comply its Director, to name CheapShop4You as C. Benefitting in any way from any with the provisions of Part 756 of the a Related Person and make this Denial transaction involving any item exported Regulations. Order applicable to CheapShop4You, or to be exported from the United States Fifth, in accordance with Part 756 and thereby denying its export privileges for that is subject to the Regulations, or in Section 766.23(c) of the Regulations, ten (10) years from the date of Pechner’s any other activity subject to the CheapShop4You may file an appeal of conviction. I have also decided to Regulations. its naming as a related person in this revoke all licenses issued pursuant to Second, no person may, directly or Order with the Under Secretary of the Act or Regulations in which indirectly, do any of the following: Commerce for Industry and Security. CheapShop4You had an interest at the A. Export or reexport to or on behalf This appeal must be filed within 45 time of Pechner’s conviction. The 10- of a Denied Person any item subject to days from the date of this Order and year denial period is scheduled to end the Regulations; must comply with the provisions of Part on July 17, 2024. B. Take any action that facilitates the 756 of the Regulations. CheapShop4You, a company acquisition or attempted acquisition by Sixth, a copy of this Order shall be associated with Pechner, is an online a Denied Person of the ownership, provided to Pechner and personal shopping business, which possession, or control of any item CheapShop4You. This Order shall be Pechner used to accept, process, and subject to the Regulations that has been published in the Federal Register. export, both lawfully and unlawfully, or will be exported from the United Seventh, this Order is effectively shipments to customers. States, including financing or other immediately and shall remain in effect CheapShop4You is co-located at support activities related to a until July 17, 2024. Pechner’s residence, and Pechner is transaction whereby a Denied Person Issued this 11th day of April, 2016. listed as its registered agent with the acquires or attempts to acquire such Karen H. Nies-Vogel, New Hampshire Secretary of State. ownership, possession or control; Director, Office of Exporter Services. C. Take any action to acquire from or Therefore, CheapShop4You is related to [FR Doc. 2016–08920 Filed 4–15–16; 8:45 am] to facilitate the acquisition or attempted Pechner within the meaning of Section BILLING CODE P acquisition from a Denied Person of any 766.23. BIS also has reason to believe item subject to the Regulations that has that CheapShop4You should be added been exported from the United States; as a related person in order to prevent D. Obtain from a Denied Person in the DEPARTMENT OF COMMERCE evasion of this Denial Order. United States any item subject to the Accordingly, it is hereby ordered: Bureau of Industry and Security Regulations with knowledge or reason First, from the date of this Order until to know that the item will be, or is Order Denying Export Privileges July 17, 2024, Paweena Pechner a/k/a intended to be, exported from the Paweena Montasood, with a last known United States; or In the Matter of: Alexandre Astakhov, address of 399 Maplewood Avenue, E. Engage in any transaction to service Register Number: 68614–066, USP Portsmouth, NH 03801, and when acting any item subject to the Regulations that Lewisburg, U.S. Penitentiary, Federal Prison for or on her behalf, her successors, Camp, P.O. Box 2000, Lewisburg, PA 17837. has been or will be exported from the assigns, employees, agents, or United States and which is owned, On May 7, 2015, in the U.S. District representatives, and CheapShop4You possessed or controlled by a Denied Court for the Eastern District of LLC, with a last known address of 399 Person, or service any item, of whatever Pennsylvania, Alexandre Astakhov Maplewood Avenue, Portsmouth, NH origin, that is owned, possessed or (‘‘Astakhov’’), was convicted of 03801, and when acting for or on its controlled by a Denied Person, if such violating Section 38 of the Arms Export behalf, its successors, assigns, directors, service involves the use of any item Control Act (22 U.S.C. 2778 (2012)) officers, employees, agents, or subject to the Regulations that has been (‘‘AECA’’). Specifically, Astakhov representatives (each as ‘‘Denied or will be exported from the United knowingly and willfully attempted to Person’’ and collectively the ‘‘Denied States. For purposes of this paragraph, export from the United States to Russia, Persons’’) may not, directly or servicing means installation, and aided and abetted the attempted indirectly, participate in any way in any maintenance, repair, modification or export of, defense articles, that is two L– transaction involving any commodity, testing. 3 CNVD–T thermal clip-on night vision software or technology (hereinafter Third, in addition to the Related devices, which were designated as a collectively referred to as ‘‘item’’) Person named above, after notice and defense article on the United States exported or to be exported from the opportunity for comment as provided in Munitions List, without having first United States that is subject to the section 766.23 of the Regulations, any obtained from the Department of State a Regulations, or in any other activity other individual, firm, corporation, or license for such export or written subject to the Regulations, including but other association or organization or authorization for such export. Astakhov not limited to: other person related to a Denied Person was sentenced to 39 months of A. Applying for, obtaining, or using by ownership, control, position of imprisonment, three years of supervised any license, License Exception, or responsibility, affiliation, or other release, 150 hours of community export control document; connection in the conduct of trade or service, a criminal fine of $2,500 and a B. Carrying on negotiations business may also be made subject to $200 assessment. Section 766.25 of the Export mstockstill on DSK4VPTVN1PROD with NOTICES concerning, or ordering, buying, the provisions of this Order if necessary receiving, using, selling, delivering, to prevent evasion of this Order. Administration Regulations (‘‘EAR’’ or storing, disposing of, forwarding, Fourth, in accordance with Part 756 ‘‘Regulations’’) 1 provides, in pertinent transporting, financing, or otherwise and Section 766.25(g) of the 1 The Regulations are currently codified in the servicing in any way, any transaction Regulations, Pechner may file an appeal Code of Federal Regulations at 15 CFR parts 730– involving any item exported or to be of the issuance of this Order against her 774 (2015). The Regulations issued pursuant to the exported from the United States that is with the Under Secretary of Commerce Export Administration Act (50 U.S.C. 4601–4623 subject to the Regulations, or in any for Industry and Security. The appeal (Supp. III 2015) (available at http:// VerDate Sep<11>2014 17:54 Apr 15, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\18APN1.SGM 18APN1

Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices 22577 part, that ‘‘[t]he Director of the Office of Person’’), may not, directly or indirectly, servicing means installation, Exporter Services, in consultation with participate in any way in any maintenance, repair, modification or the Director of the Office of Export transaction involving any commodity, testing. Enforcement, may deny the export software or technology (hereinafter Third, after notice and opportunity for privileges of any person who has been collectively referred to as ‘‘item’’) comment as provided in Section 766.23 convicted of a violation of the Export exported or to be exported from the of the Regulations, any other person, Administration Act (‘‘EAA’’), the EAR, United States that is subject to the firm, corporation, or business or any order, license or authorization Regulations, including, but not limited organization related to Astakhov by issued thereunder; any regulation, to: ownership, control, position of license, or order issued under the A. Applying for, obtaining, or using responsibility, affiliation, or other International Emergency Economic any license, License Exception, or connection in the conduct of trade or Powers Act (50 U.S.C. 1701–1706); 18 export control document; business may also be made subject to U.S.C. 793, 794 or 798; section 4(b) of B. Carrying on negotiations the provisions of this Order in order to the Internal Security Act of 1950 (50 concerning, or ordering, buying, prevent evasion of this Order. U.S.C. 783(b)), or section 38 of the Arms receiving, using, selling, delivering, Fourth, in accordance with Part 756 of Export Control Act (22 U.S.C. 2778).’’ 15 storing, disposing of, forwarding, the Regulations, Astakhov may file an CFR 766.25(a); see also Section 11(h) of transporting, financing, or otherwise appeal of this Order with the Under the EAA, 50 U.S.C. 4610(h). The denial servicing in any way, any transaction Secretary of Commerce for Industry and of export privileges under this provision involving any item exported or to be Security. The appeal must be filed may be for a period of up to 10 years exported from the United States that is within 45 days from the date of this from the date of the conviction. 15 CFR subject to the Regulations, or in any Order and must comply with the 766.25(d); see also 50 U.S.C. 4610(h). In other activity subject to the Regulations; provisions of Part 756 of the addition, Section 750.8 of the or Regulations. Regulations states that the Bureau of C. Benefitting in any way from any Fifth, a copy of this Order shall be Industry and Security’s Office of transaction involving any item exported delivered to the Astakhov. This Order Exporter Services may revoke any or to be exported from the United States shall be published in the Federal Bureau of Industry and Security (‘‘BIS’’) that is subject to the Regulations, or in Register. licenses previously issued in which the any other activity subject to the Sixth, this Order is effective person had an interest in at the time of Regulations. immediately and shall remain in effect her conviction. Second, no person may, directly or until May 7, 2025. BIS has received notice of Astakhov’s indirectly, do any of the following: conviction for violating the AECA, and A. Export or reexport to or on behalf Issued this 11 day of April 2016. has provided notice and an opportunity of the Denied Person any item subject to Karen H. Nies-Vogel, for Astakhov to make a written the Regulations; Director, Office of Exporter Services. submission to BIS, as provided in B. Take any action that facilitates the [FR Doc. 2016–08919 Filed 4–15–16; 8:45 am] Section 766.25 of the Regulations. BIS acquisition or attempted acquisition by BILLING CODE P has received a submission from the Denied Person of the ownership, Astakhov. possession, or control of any item Based upon my review and subject to the Regulations that has been DEPARTMENT OF COMMERCE consultations with BIS’s Office of or will be exported from the United Export Enforcement, including its States, including financing or other International Trade Administration Director, and the facts available to BIS, support activities related to a [C–570–009] I have decided to deny Astakhov’s transaction whereby the Denied Person export privileges under the Regulations acquires or attempts to acquire such Calcium Hypochlorite From the for a period of 10 years from the date of ownership, possession or control; People’s Republic of China: Astakhov’s conviction. I have also C. Take any action to acquire from or Rescission of Countervailing Duty decided to revoke all licenses issued to facilitate the acquisition or attempted Administrative Review; 2014–2015 pursuant to the Act or Regulations in acquisition from the Denied Person of which Astakhov had an interest at the any item subject to the Regulations that AGENCY: Enforcement and Compliance, time of her conviction. has been exported from the United International Trade Administration, Accordingly, it is hereby ORDERED: States; Department of Commerce. First, from the date of this Order until D. Obtain from the Denied Person in SUMMARY: The Department of Commerce May 7, 2025, Alexandre Astakhov, with the United States any item subject to the (‘‘the Department’’) is rescinding the a last known address of Register Regulations with knowledge or reason administrative review of the Number: 68614–066, USP Lewisburg, to know that the item will be, or is countervailing duty order on calcium U.S. Penitentiary, Federal Prison Camp, intended to be, exported from the hypochlorite from the People’s Republic P.O. Box 2000, Lewisburg, PA 17837, United States; or of China (‘‘PRC’’) for May 27, 2014 and when acting for or on his behalf, his E. Engage in any transaction to service through December 31, 2015. successors, assigns, employees, agents any item subject to the Regulations that or representatives (the ‘‘Denied DATES: Effective: April 18, 2016. has been or will be exported from the United States and which is owned, FOR FURTHER INFORMATION CONTACT: Katie Marksberry, AD/CVD Operations, mstockstill on DSK4VPTVN1PROD with NOTICES uscode.house.gov)). Since August 21, 2001, the Act possessed or controlled by the Denied has been in lapse and the President, through Person, or service any item, of whatever Office V, Enforcement and Compliance, Executive Order 13222 of August 17, 2001 (3 CFR, International Trade Administration, 2001 Comp. 783 (2002)), which has been extended origin, that is owned, possessed or by successive Presidential Notices, the most recent controlled by the Denied Person if such Department of Commerce, 14th Street being that of August 7, 2015 (80 FR 48,233 (Aug. service involves the use of any item and Constitution Avenue NW., 11, 2015)), has continued the Regulations in effect Washington, DC 20230; telephone: (202) under the International Emergency Economic subject to the Regulations that has been Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. or will be exported from the United 482–7906. IV 2010)). States. For purposes of this paragraph, SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:54 Apr 15, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\18APN1.SGM 18APN1


Document Created: 2016-04-16 01:45:42
Document Modified: 2016-04-16 01:45:42
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 Citation81 FR 22576 
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