81 FR 69510 - In the Matter of: Russell Henderson Marshall, Currently Incarcerated at: Inmate Number-96646-004, McCrae, Correctional Institution, P.O. Drawer 55030, McCrae Helena, GA 31055, and With an Address at: 14883 64th CT, North Loxahatchee, FL 33470; Order Denying Export Privileges.

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 81, Issue 194 (October 6, 2016)

Page Range		69510-69511
FR Document		2016-24175

Federal Register, Volume 81 Issue 194 (Thursday, October 6, 2016)

[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Notices]
[Pages 69510-69511]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-24175]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

In the Matter of: Russell Henderson Marshall, Currently
Incarcerated at: Inmate Number--96646-004, McCrae, Correctional
Institution, P.O. Drawer 55030, McCrae Helena, GA 31055, and With an
Address at: 14883 64th CT, North Loxahatchee, FL 33470; Order Denying
Export Privileges.

On April 24, 2015, in the U.S. District Court for the Southern
District of Florida, Russell Henderson Marshall (``Marshall'') was
convicted of violating the International Emergency Economic Powers Act
(50 U.S.C. 1701, et seq. (2012)) (``IEEPA''). Specifically, Marshall
was convicted of violating IEEPA and a U.S. Department of Commerce
denial order by engaging in

[[Page 69511]]

negotiations concerning selling, delivering, or otherwise servicing
transactions involving items exported from the United States and
subject to the Regulations, to wit: Three temperature transmitters used
on F-16 fighter jets to Thailand, and a saddle part for the J-69 engine
used on 737 military trainer aircraft to Pakistan. Marshall was
sentenced to 41 months of imprisonment, two years of supervised
release, a $200 assessment and ordered to surrender to U.S. Immigration
and Customs Enforcement for removal from the United States upon
completion of incarceration.
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. 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\ 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 4, 2016 (81 FR 52,587 (Aug. 8, 2016)), has continued the
Regulations in effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2012)).
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BIS has received notice of Marshall's conviction for violating
IEEPA, and in accordance with Section 766.25 of the Regulations, BIS
has provided notice and an opportunity for Marshall to make a written
submission to BIS. BIS has not received a submission from Marshall.
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 Marshall's export privileges under the Regulations
for a period of 10 years from the date of Marshall's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Marshall had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until April 24, 2025, Russell
Henderson Marshall, currently incarcerated at: Inmate Number--96646-
004, McCrae, Correctional Institution, P.O. Drawer 55030, McCrae
Helena, GA 31055, and with a last known address of 14883 64th CT, North
Loxahatchee, FL 33470, 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 Marshall 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, Marshall
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 Marshall.
This Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until April 24, 2025.

Dated: September 30, 2016.
Thomas Ankrukonis,
Acting Director, Office of Exporter Services.
[FR Doc. 2016-24175 Filed 10-5-16; 8:45 am]
BILLING CODE P

Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Notices 69511

negotiations concerning selling, I have decided to deny Marshall’s has been exported from the United
delivering, or otherwise servicing export privileges under the Regulations States;
transactions involving items exported for a period of 10 years from the date of D. Obtain from the Denied Person in
from the United States and subject to Marshall’s conviction. I have also the United States any item subject to the
the Regulations, to wit: Three decided to revoke all licenses issued
Regulations with knowledge or reason
temperature transmitters used on F–16 pursuant to the Act or Regulations in
to know that the item will be, or is
fighter jets to Thailand, and a saddle which Marshall had an interest at the
part for the J–69 engine used on 737 time of his conviction. intended to be, exported from the
military trainer aircraft to Pakistan. Accordingly, it is hereby ordered: United States; or
Marshall was sentenced to 41 months of First, from the date of this Order until E. Engage in any transaction to service
imprisonment, two years of supervised April 24, 2025, Russell Henderson any item subject to the Regulations that
release, a $200 assessment and ordered Marshall, currently incarcerated at: has been or will be exported from the
to surrender to U.S. Immigration and Inmate Number—96646–004, McCrae, United States and which is owned,
Customs Enforcement for removal from Correctional Institution, P.O. Drawer possessed or controlled by the Denied
the United States upon completion of 55030, McCrae Helena, GA 31055, and Person, or service any item, of whatever
incarceration. with a last known address of 14883 64th origin, that is owned, possessed or
Section 766.25 of the Export CT, North Loxahatchee, FL 33470, and controlled by the Denied Person if such
Administration Regulations (‘‘EAR’’ or when acting for or on his behalf, his service involves the use of any item
‘‘Regulations’’ 1 provides, in pertinent successors, assigns, employees, agents
subject to the Regulations that has been
part, that ‘‘[t]he Director of the Office of or representatives (the ‘‘Denied
or will be exported from the United
Exporter Services, in consultation with Person’’), may not, directly or indirectly,
the Director of the Office of Export participate in any way in any States. For purposes of this paragraph,
Enforcement, may deny the export transaction involving any commodity, servicing means installation,
privileges of any person who has been software or technology (hereinafter maintenance, repair, modification or
convicted of a violation of the Export collectively referred to as ‘‘item’’) testing.
Administration Act (‘‘EAA’’), the EAR, exported or to be exported from the Third, after notice and opportunity for
or any order, license or authorization United States that is subject to the comment as provided in Section 766.23
issued thereunder; any regulation, Regulations, including, but not limited of the Regulations, any other person,
license, or order issued under the to: firm, corporation, or business
International Emergency Economic A. Applying for, obtaining, or using organization related to Marshall by
Powers Act (50 U.S.C. 1701–1706); 18 any license, License Exception, or ownership, control, position of
U.S.C. 793, 794 or 798; section 4(b) of export control document; responsibility, affiliation, or other
the Internal Security Act of 1950 (50 B. Carrying on negotiations connection in the conduct of trade or
U.S.C. 783(b)), or section 38 of the Arms concerning, or ordering, buying,
business may also be made subject to
Export Control Act (22 U.S.C. 2778).’’ 15 receiving, using, selling, delivering,
the provisions of this Order in order to
CFR 766.25(a); see also Section 11(h) of storing, disposing of, forwarding,
the EAA, 50 U.S.C. 4610(h). The denial transporting, financing, or otherwise prevent evasion of this Order.
of export privileges under this provision servicing in any way, any transaction Fourth, in accordance with Part 756 of
may be for a period of up to 10 years involving any item exported or to be the Regulations, Marshall may file an
from the date of the conviction. 15 CFR exported from the United States that is appeal of this Order with the Under
766.25(d); see also 50 U.S.C. 4610(h). In subject to the Regulations, or in any Secretary of Commerce for Industry and
addition, Section 750.8 of the other activity subject to the Regulations; Security. The appeal must be filed
Regulations states that the Bureau of or within 45 days from the date of this
Industry and Security’s Office of C. Benefitting in any way from any Order and must comply with the
Exporter Services may revoke any transaction involving any item exported provisions of Part 756 of the
Bureau of Industry and Security (‘‘BIS’’) or to be exported from the United States Regulations.
licenses previously issued in which the that is subject to the Regulations, or in
person had an interest in at the time of any other activity subject to the Fifth, a copy of this Order shall be
his conviction. Regulations. delivered to the Marshall. This Order
BIS has received notice of Marshall’s Second, no person may, directly or shall be published in the Federal
conviction for violating IEEPA, and in indirectly, do any of the following: Register.
accordance with Section 766.25 of the A. Export or reexport to or on behalf Sixth, this Order is effective
Regulations, BIS has provided notice of the Denied Person any item subject to immediately and shall remain in effect
and an opportunity for Marshall to make the Regulations; until April 24, 2025.
a written submission to BIS. BIS has not B. Take any action that facilitates the
received a submission from Marshall. acquisition or attempted acquisition by Dated: September 30, 2016.
Based upon my review and the Denied Person of the ownership, Thomas Ankrukonis,
consultations with BIS’s Office of possession, or control of any item Acting Director, Office of Exporter Services.
Export Enforcement, including its subject to the Regulations that has been [FR Doc. 2016–24175 Filed 10–5–16; 8:45 am]
Director, and the facts available to BIS, or will be exported from the United BILLING CODE P
States, including financing or other
sradovich on DSK3GMQ082PROD with NOTICES

1 50 U.S.C. 4601–4623 (Supp. III 2015) (available support activities related to a
at http://uscode.house.gov). Since August 21, 2001,
the Act has been in lapse and the President, through
transaction whereby the Denied Person
Executive Order 13222 of August 17, 2001 (3 CFR, acquires or attempts to acquire such
2001 Comp. 783 (2002)), which has been extended ownership, possession or control;
by successive Presidential Notices, the most recent C. Take any action to acquire from or
being that of August 4, 2016 (81 FR 52,587 (Aug.
8, 2016)), has continued the Regulations in effect
to facilitate the acquisition or attempted
under the International Emergency Economic acquisition from the Denied Person of
Powers Act (50 U.S.C. 1701, et seq. (2012)). any item subject to the Regulations that

VerDate Sep<11>2014 18:46 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00003 Fmt 4703 Sfmt 9990 E:\FR\FM\06OCN1.SGM 06OCN1

Document Created: 2016-10-06 02:37:40
Document Modified: 2016-10-06 02:37:40

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 69510

81 FR 69510 - In the Matter of: Russell Henderson Marshall, Currently Incarcerated at: Inmate Number-96646-004, McCrae, Correctional Institution, P.O. Drawer 55030, McCrae Helena, GA 31055, and With an Address at: 14883 64th CT, North Loxahatchee, FL 33470; Order Denying Export Privileges.

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 81, Issue 194 (October 6, 2016)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security