81_FR_40774 81 FR 40654 - In the Matter of: Jose Orence Cocchiola, Register Number: 02247-104, McRae Correctional Institution, P.O. Drawer 55030, McRae Helena, GA 31055; Order Denying Export Privileges

81 FR 40654 - In the Matter of: Jose Orence Cocchiola, Register Number: 02247-104, McRae Correctional Institution, P.O. Drawer 55030, McRae Helena, GA 31055; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 81, Issue 120 (June 22, 2016)

Page Range40654-40655
FR Document2016-14746

Federal Register, Volume 81 Issue 120 (Wednesday, June 22, 2016) 
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40654-40655]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14746]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Jose Orence Cocchiola, Register Number: 02247-
104, McRae Correctional Institution, P.O. Drawer 55030, McRae Helena, 
GA 31055; Order Denying Export Privileges

    On August 19, 2014, in the U.S. District Court for the Southern 
District of Florida, Jose Orence Cocchiola (``Cocchiola''), was 
convicted of violating Section 38 of the Arms Export Control Act (22 
U.S.C. 2778 (2012)) (``AECA''). Specifically, Cocchiola knowingly and 
willfully attempted to export defense articles, that is, 9mm pistols, 
from the United States to Venezuela, without having first obtained a 
license or written approval from the United States Department of State. 
Cocchiola was sentenced 36 months of imprisonment, one year of 
supervised release, and a $200 assessment.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent

[[Page 40655]]

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 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. 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 Cocchiola's conviction for violating the 
AECA, and has provided notice and an opportunity for Cocchiola to make 
a written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Cocchiola.
    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 Cocchiola's export privileges under the 
Regulations for a period of five (5) years from the date of Cocchiola's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Cocchiola had an interest at the 
time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until August 19, 2019, Jose 
Orence Cocchiola, with a last known address of Register Number: 02247-
104, McRae Correctional Institution, P.O. Drawer 55030, McRae Helena, 
GA 31055, 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 Cocchiola 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, Cocchiola 
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 Cocchiola. 
This Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until August 19, 2019.

    Issued this 15 day of June 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-14746 Filed 6-21-16; 8:45 am]
 BILLING CODE P

40654 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices 25). Specifically, it increases the public safety experience in preventing, 1. Section III Personnel System number of positions authorized to be protecting, responding, coordinating Changes, (B) Staffing: Replace the filled under direct-hire authority, now and/or mitigating emergency events. paragraph in subsection titled: ‘‘Direct- including Pay Band III and above, and These areas of expertise are critical in Hire Authority: Critical Shortage enables FirstNet to hire, after public order to test, evaluate, deploy, and Occupations’’ to state: notice is given, any qualified applicants operate a nation-wide public safety DoC FirstNet uses direct-hire procedures in the ZP career path series as defined broadband network. The number of for categories of occupations that require in the Basis for CAPS Expansion section positions in the 0089, Emergency skills that are in short supply. The following without regard to 5 U.S.C. 3309–3318, 5 Management series, authorized to be occupations constitute a shortage category at CFR part 211, or 5 CFR part 337, subpart filled under direct-hire authority will the Pay Band III and above, in the ZP Career A on a limited basis. increase from 56 positions to 89 at Pay Path: Electronics Engineers, Electrical Bands III and above. The number of Engineers, Computer Engineers, Computer II. Basis for CAPS Expansion Scientists, and Emergency Management positions in the following series will Specialists (Public Safety). Any positions in A. Purpose increase from 21 positions to 39 at Pay these categories may be filled by FirstNet CAPS is designed to provide Bands III and above: 0850, Electrical through direct-hire procedures in accordance managers at the lowest organizational Engineering; 0854, Computer with 5 U.S.C. 3304(a)(3). DoC FirstNet level the authority, control, and Engineering; 0855, Electronics advertises the availability of job flexibility to recruit, retain, develop, Engineering; and 1550, Computer opportunities in direct-hire occupations by recognize, and motivate its workforce, Science. The use of direct-hire authority posting on the OPM USAJOBS Web site. DoC to fill these positions will not exceed FirstNet will follow internal direct-hire while ensuring adequate accountability procedures for accepting applications. and oversight. 128 positions in the specified ZP career FirstNet is required to manage the paths at any one time. FirstNet will [FR Doc. 2016–14785 Filed 6–21–16; 8:45 am] deployment and maintenance of the track the number of hires made under BILLING CODE 3510–EA–P National Public Safety Broadband direct-hire authority, ensuring numbers Network (NPSBN) for public safety specified for the occupational series are responders within statutory not exceeded. DEPARTMENT OF COMMERCE requirements established in the Middle Section 3304(a)(3) of Title 5 of the United States Code, provides agencies Bureau of Industry and Security Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112–96). Every phase of with the authority to appoint candidates In the Matter of: Jose Orence the program requires FirstNet to quickly directly to jobs for which the Office of Cocchiola, Register Number: 02247– hire qualified individuals, for Personnel Management (OPM) 104, McRae Correctional Institution, specialized roles, to meet the determines that there is a severe P.O. Drawer 55030, McRae Helena, GA requirements imposed by the Act. shortage of candidates or a critical 31055; Order Denying Export FirstNet recruitment efforts, utilizing hiring need. In 1997, with the approval Privileges direct-hire authority, have proven of the DoC’s Demonstration Project (62 successful for ZP positions in the FR 67434, December 24, 1997), OPM On August 19, 2014, in the U.S. following occupational series: 0089— concurred that some occupations in the District Court for the Southern District Emergency Management; 0854— ZP career path at the Pay Band III and of Florida, Jose Orence Cocchiola Computer Engineering; and 0855— above constitute a shortage category, (‘‘Cocchiola’’), was convicted of Electronics Engineering. FirstNet was and some occupations for which there is violating Section 38 of the Arms Export previously authorized to utilize direct- a special rate under the General Control Act (22 U.S.C. 2778 (2012)) hire authority to fill up to 56 positions Schedule pay system constitute a (‘‘AECA’’). Specifically, Cocchiola in the 0089 series and up to 21 positions shortage category. Past recruitment knowingly and willfully attempted to in the 0850; 0854; 0855 and the 1550 efforts have demonstrated a critical export defense articles, that is, 9mm series, with the total number of shortage of candidates possessing pistols, from the United States to positions allowed to be filled under specialized technical, programmatic and Venezuela, without having first direct-hire authority to not exceed 77 contract expertise in 4G Long Term obtained a license or written approval positions in the ZP career path at any Evaluation (LTE) technologies and from the United States Department of one time. By increasing the number of mobile systems, as well as expertise in State. Cocchiola was sentenced 36 authorized ZP positions to be filled public safety organizational operations months of imprisonment, one year of under direct-hire authority and and infrastructure capabilities. supervised release, and a $200 expanding the Pay Band to include DoC’s CAPS allows for modifications assessment. positions at the Pay Band III level and of procedures if no new waiver from law Section 766.25 of the Export above, FirstNet will continue to recruit or regulation is added. Given that this Administration Regulations (‘‘EAR’’ or and compete more effectively for expansion and modification is in ‘‘Regulations’’) 1 provides, in pertinent qualified personnel possessing technical accordance with existing law and 1 The Regulations are currently codified in the expertise in 4G LTE wireless network regulation and CAPS is a permanent Code of Federal Regulations at 15 CFR parts 730– and other emerging wireless network alternative personnel system, the DoC is 774 (2015). The Regulations issued pursuant to the technologies and/or the development of authorized to make the changes Export Administration Act (50 U.S.C. 4601–4623 mobile software and network described in this notice. (Supp. III 2015) (available at http:// architecture as well as individuals uscode.house.gov)). Since August 21, 2001, the Act mstockstill on DSK3G9T082PROD with NOTICES III. Changes to the Project Plan has been in lapse and the President, through possessing technical expertise in the Executive Order 13222 of August 17, 2001 (3 CFR, formulation, development, and The CAPS at DoC, originally 2001 Comp. 783 (2002)), which has been extended engagement of public safety officials in published in the Federal Register on by successive Presidential Notices, the most recent planning and implementing the nation- December 24, 1997 (62 FR 67434) and being that of August 7, 2015 (80 FR 48,233 (Aug. 11, 2015)), has continued the Regulations in effect wide public safety broadband network subsequently expanded as discussed under the International Emergency Economic and the programmatic requirements of above, Section III (80 FR 25, January 2, Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. the network acquisition through their 2015), is modified as follows: IV 2010)). VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\22JNN1.SGM 22JNN1

Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices 40655 part, that ‘‘[t]he Director of the Office of A. Applying for, obtaining, or using responsibility, affiliation, or other Exporter Services, in consultation with any license, License Exception, or connection in the conduct of trade or the Director of the Office of Export export control document; business may also be made subject to Enforcement, may deny the export B. Carrying on negotiations the provisions of this Order in order to privileges of any person who has been concerning, or ordering, buying, prevent evasion of this Order. convicted of a violation of the Export receiving, using, selling, delivering, Fourth, in accordance with Part 756 of Administration Act (‘‘EAA’’), the EAR, storing, disposing of, forwarding, the Regulations, Cocchiola may file an or any order, license or authorization transporting, financing, or otherwise appeal of this Order with the Under issued thereunder; any regulation, servicing in any way, any transaction Secretary of Commerce for Industry and license, or order issued under the involving any item exported or to be Security. The appeal must be filed International Emergency Economic exported from the United States that is within 45 days from the date of this Powers Act (50 U.S.C. 1701–1706); 18 subject to the Regulations, or in any Order and must comply with the U.S.C. 793, 794 or 798; section 4(b) of other activity subject to the Regulations; provisions of Part 756 of the the Internal Security Act of 1950 (50 or Regulations. U.S.C. 783(b)), or section 38 of the Arms C. Benefitting in any way from any Fifth, a copy of this Order shall be Export Control Act (22 U.S.C. 2778).’’ 15 transaction involving any item exported delivered to the Cocchiola. This Order CFR 766.25(a); see also Section 11(h) of or to be exported from the United States shall be published in the Federal the EAA, 50 U.S.C. 4610(h). The denial that is subject to the Regulations, or in Register. of export privileges under this provision any other activity subject to the Sixth, this Order is effective may be for a period of up to 10 years Regulations. immediately and shall remain in effect from the date of the conviction. 15 CFR Second, no person may, directly or until August 19, 2019. 766.25(d); see also 50 U.S.C. 4610(h). In indirectly, do any of the following: A. Export or reexport to or on behalf Issued this 15 day of June 2016. addition, Section 750.8 of the Regulations states that the Bureau of of the Denied Person any item subject to Karen H. Nies-Vogel, Industry and Security’s Office of the Regulations; Director, Office of Exporter Services. Exporter Services may revoke any B. Take any action that facilitates the [FR Doc. 2016–14746 Filed 6–21–16; 8:45 am] Bureau of Industry and Security (‘‘BIS’’) acquisition or attempted acquisition by BILLING CODE P licenses previously issued in which the the Denied Person of the ownership, person had an interest in at the time of possession, or control of any item his conviction. subject to the Regulations that has been DEPARTMENT OF COMMERCE BIS has received notice of Cocchiola’s or will be exported from the United conviction for violating the AECA, and States, including financing or other Bureau of Industry and Security has provided notice and an opportunity support activities related to a transaction whereby the Denied Person Ribway Airlines Company Limited, 54 for Cocchiola to make a written acquires or attempts to acquire such Kairaba Avenue, Kanifing Municipality, submission to BIS, as provided in ownership, possession or control; WCR, The Gambia; John Edward Section 766.25 of the Regulations. BIS has not received a submission from C. Take any action to acquire from or Meadows, 50 St. Leonards Road, Cocchiola. to facilitate the acquisition or attempted Bexhill on Sea, East Sussex, TN40 1JB, Based upon my review and acquisition from the Denied Person of United Kingdom, Jeffrey John James consultations with BIS’s Office of any item subject to the Regulations that Ashfield, 50 St. Leonards Road, Bexhill Export Enforcement, including its has been exported from the United on Sea, East Sussex, TN40 1JB, United Director, and the facts available to BIS, States; Kingdom; AC AVIATIE UK Limited, f/k/ I have decided to deny Cocchiola’s D. Obtain from the Denied Person in a Bin Vali Aviation Limited, 50 St. export privileges under the Regulations the United States any item subject to the Leonard’s Road, Bexhill on Sea, East for a period of five (5) years from the Regulations with knowledge or reason Sussex, TN40 1JB, United Kingdom, date of Cocchiola’s conviction. I have to know that the item will be, or is Respondents; Modification of March 1, also decided to revoke all licenses intended to be, exported from the 2016 Amended Temporary Denial issued pursuant to the Act or United States; or Order Regulations in which Cocchiola had an E. Engage in any transaction to service Pursuant to Section 766.24 of the interest at the time of his conviction. any item subject to the Regulations that Export Administration Regulations (the Accordingly, it is hereby ordered: has been or will be exported from the ‘‘Regulations’’ or ‘‘EAR’’),1 I hereby First, from the date of this Order until United States and which is owned, grant the request of the Office of Export August 19, 2019, Jose Orence Cocchiola, possessed or controlled by the Denied Enforcement (‘‘OEE’’) to modify the with a last known address of Register Person, or service any item, of whatever Temporary Denial Order issued on Number: 02247–104, McRae origin, that is owned, possessed or January 19, 2016, as amended on March Correctional Institution, P.O. Drawer controlled by the Denied Person if such 1, 2016. OEE has requested that the 55030, McRae Helena, GA 31055, and service involves the use of any item when acting for or on his behalf, his subject to the Regulations that has been 1 The EAR are currently codified at 15 CFR parts successors, assigns, employees, agents or will be exported from the United 730–774 (2016). The EAR issued under the Export or representatives (the ‘‘Denied States. For purposes of this paragraph, Administration Act of 1979, as amended 50 U.S.C. Person’’), may not, directly or indirectly, servicing means installation, 4601–4623 (Supp. III 2015) (available at http:// participate in any way in any maintenance, repair, modification or uscode.house.gov) (‘‘EAA’’ or the ‘‘Act’’). Since mstockstill on DSK3G9T082PROD with NOTICES August 21, 2001, the Act has been in lapse and the transaction involving any commodity, testing. President, through Executive Order 13222 of August software or technology (hereinafter Third, after notice and opportunity for 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which collectively referred to as ‘‘item’’) comment as provided in Section 766.23 has been extended by successive Presidential exported or to be exported from the of the Regulations, any other person, Notices, the most recent being that of August 7, 2015 (80 FR 48,223 (Aug. 11, 2015)), has continued United States that is subject to the firm, corporation, or business the Regulations in effect under the International Regulations, including, but not limited organization related to Cocchiola by Emergency Economic Powers Act (50 U.S.C. 1701, to: ownership, control, position of et seq. (2006 & Supp. IV 2010)). VerDate Sep<11>2014 20:02 Jun 21, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\22JNN1.SGM 22JNN1


Document Created: 2016-06-22 01:05:40
Document Modified: 2016-06-22 01:05:40
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 40654 
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