81_FR_81959 81 FR 81736 - Proposed Information Collection; Comment Request; Voluntary Self-Disclosure of Violations of the Export Administration Regulations

81 FR 81736 - Proposed Information Collection; Comment Request; Voluntary Self-Disclosure of Violations of the Export Administration Regulations

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 81, Issue 223 (November 18, 2016)

Page Range81736-81737
FR Document2016-27824

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016) 
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81736-81737]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27824]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Proposed Information Collection; Comment Request; Voluntary Self-
Disclosure of Violations of the Export Administration Regulations

AGENCY: Bureau of Industry and Security.

ACTION: Notice.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before January 17, 
2017.

ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue NW., Washington, DC 20230 (or via the Internet 
at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Mark Crace, BIS ICB Liaison, (202) 482-4895, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Abstract

    This collection of information is needed to detect violations of 
the Export Administration Act and Regulations, and determine if an 
investigation or prosecution is necessary and to reach a settlement 
with violators. Voluntary

[[Page 81737]]

self-disclosure of EAR violations strengthens BIS's enforcement efforts 
by allowing BIS to conduct investigations of the disclosed incidents 
faster than would be the case if BIS had to detect the violations 
without such disclosures. BIS evaluates the seriousness of the 
violation and either (1) Informs the person making the is closure that 
no action is warranted; (2) issues a warning letter; (3) issues a 
proposed charging letter and attempts to settle the matter; (4) issues 
a charging letter if settlement is not reached; and/or (5) refers the 
matter to the U.S. Department of Justice for criminal prosecution.

II. Method of Collection

    Submitted on paper.

III. Data

    OMB Control Number: 0694-0058.
    Form Number(s): N/A.
    Type of Review: Regular submission.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 388.
    Estimated Time per Response: 10 hours.
    Estimated Total Annual Burden Hours: 3880.
    Estimated Total Annual Cost to Public: $194,000.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

Sheleen Dumas,
PRA Departmental Lead, Office of the Chief Information Officer.
[FR Doc. 2016-27824 Filed 11-17-16; 8:45 am]
 BILLING CODE 3510-33-P

81736 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices or any order, license or authorization servicing in any way, any transaction Secretary of Commerce for Industry and issued thereunder; any regulation, involving any item exported or to be Security. The appeal must be filed license, or order issued under the exported from the United States that is within 45 days from the date of this International Emergency Economic subject to the Regulations, or in any Order and must comply with the Powers Act (50 U.S.C. 1701–1706); 18 other activity subject to the Regulations; provisions of Part 756 of the U.S.C. 793, 794 or 798; section 4(b) of or Regulations. the Internal Security Act of 1950 (50 C. Benefitting in any way from any Fifth, a copy of this Order shall be U.S.C. 783(b)), or section 38 of the Arms transaction involving any item exported delivered to the Nenos Rea. This Order Export Control Act (22 U.S.C. 2778).’’ 15 or to be exported from the United States shall be published in the Federal CFR 766.25(a); see also Section 11(h) of that is subject to the Regulations, or in Register. the EAA, 50 U.S.C. 4610(h). The denial any other activity subject to the Sixth, this Order is effective of export privileges under this provision Regulations. immediately and shall remain in effect may be for a period of up to 10 years Second, no person may, directly or until January 13, 2025. from the date of the conviction. 15 CFR indirectly, do any of the following: Issued this ll9ll day of ll 766.25(d); see also 50 U.S.C. 4610(h). In A. Export or reexport to or on behalf November ll, 2016. addition, Section 750.8 of the of the Denied Person any item subject to Karen H. Nies-Vogel, Regulations states that the Bureau of the Regulations; B. Take any action that facilitates the Director, Office of Exporter Services. Industry and Security’s Office of acquisition or attempted acquisition by [FR Doc. 2016–27786 Filed 11–17–16; 8:45 am] Exporter Services may revoke any Bureau of Industry and Security (‘‘BIS’’) the Denied Person of the ownership, BILLING CODE P licenses previously issued in which the possession, or control of any item person had an interest in at the time of subject to the Regulations that has been his conviction. or will be exported from the United DEPARTMENT OF COMMERCE BIS has received notice of Nenos States, including financing or other support activities related to a Bureau of Industry and Security Rea’s conviction for violating the AECA, and has provided notice and an transaction whereby the Denied Person Proposed Information Collection; opportunity for Nenos Rea to make a acquires or attempts to acquire such Comment Request; Voluntary Self- written submission to BIS, as provided ownership, possession or control; Disclosure of Violations of the Export in Section 766.25 of the Regulations. C. Take any action to acquire from or Administration Regulations BIS has not received a submission from to facilitate the acquisition or attempted Nenos Rea. acquisition from the Denied Person of AGENCY: Bureau of Industry and Based upon my review and any item subject to the Regulations that Security. consultations with BIS’s Office of has been exported from the United ACTION: Notice. Export Enforcement, including its States; Director, and the facts available to BIS, D. Obtain from the Denied Person in SUMMARY: The Department of I have decided to deny Nenos Rea’s the United States any item subject to the Commerce, as part of its continuing export privileges under the Regulations Regulations with knowledge or reason effort to reduce paperwork and for a period of 10 years from the date of to know that the item will be, or is respondent burden, invites the general Nenos Rea’s conviction. I have also intended to be, exported from the public and other Federal agencies to decided to revoke all licenses issued United States; or take this opportunity to comment on pursuant to the Act or Regulations in E. Engage in any transaction to service proposed and/or continuing information which Nenos Rea had an interest at the any item subject to the Regulations that collections, as required by the time of his conviction. has been or will be exported from the Paperwork Reduction Act of 1995. Accordingly, it is hereby ordered: United States and which is owned, DATES: Written comments must be First, from the date of this Order until possessed or controlled by the Denied submitted on or before January 17, 2017. January 13, 2025, Javier Nenos Rea, with Person, or service any item, of whatever ADDRESSES: Direct all written comments a last known address of Inmate Number: origin, that is owned, possessed or to Jennifer Jessup, Departmental 06713–104, D. Ray James, Correctional controlled by the Denied Person if such Paperwork Clearance Officer, Institution, P.O. Box 2000, Folkston, GA service involves the use of any item Department of Commerce, Room 6616, 31537, and when acting for or on his subject to the Regulations that has been 14th and Constitution Avenue NW., behalf, his successors, assigns, or will be exported from the United Washington, DC 20230 (or via the employees, agents or representatives States. For purposes of this paragraph, Internet at JJessup@doc.gov). (the ‘‘Denied Person’’), may not, directly servicing means installation, FOR FURTHER INFORMATION CONTACT: or indirectly, participate in any way in maintenance, repair, modification or any transaction involving any testing. Requests for additional information or commodity, software or technology Third, after notice and opportunity for copies of the information collection (hereinafter collectively referred to as comment as provided in Section 766.23 instrument and instructions should be ‘‘item’’) exported or to be exported from of the Regulations, any other person, directed to Mark Crace, BIS ICB Liaison, the United States that is subject to the firm, corporation, or business (202) 482–4895, Mark.Crace@ Regulations, including, but not limited organization related to Nenos Rea by bis.doc.gov. to: ownership, control, position of SUPPLEMENTARY INFORMATION: A. Applying for, obtaining, or using responsibility, affiliation, or other mstockstill on DSK3G9T082PROD with NOTICES connection in the conduct of trade or I. Abstract any license, License Exception, or export control document; business may also be made subject to This collection of information is B. Carrying on negotiations the provisions of this Order in order to needed to detect violations of the Export concerning, or ordering, buying, prevent evasion of this Order. Administration Act and Regulations, receiving, using, selling, delivering, Fourth, in accordance with Part 756 of and determine if an investigation or storing, disposing of, forwarding, the Regulations, Nenos Rea may file an prosecution is necessary and to reach a transporting, financing, or otherwise appeal of this Order with the Under settlement with violators. Voluntary VerDate Sep<11>2014 20:21 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\18NON1.SGM 18NON1

Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices 81737 self-disclosure of EAR violations DEPARTMENT OF COMMERCE CFR 766.25(a); see also Section 11(h) of strengthens BIS’s enforcement efforts by the EAA, 50 U.S.C. 4610(h). The denial allowing BIS to conduct investigations Bureau of Industry and Security of export privileges under this provision of the disclosed incidents faster than may be for a period of up to 10 years would be the case if BIS had to detect Order Denying Export Privileges from the date of the conviction. 15 CFR the violations without such disclosures. In the Matter of: Julio Cesar Solis-Castilleja, 766.25(d); see also 50 U.S.C. 4610(h). In BIS evaluates the seriousness of the Inmate Number: 56152–379, FCI Victorville addition, Section 750.8 of the violation and either (1) Informs the Medium I, Federal Correctional Institution, Regulations states that the Bureau of person making the is closure that no Correctional Institution, P.O. Box 3725, Industry and Security’s Office of action is warranted; (2) issues a warning Adelanto, CA 92301. Exporter Services may revoke any letter; (3) issues a proposed charging On June 30, 2014, in the U.S. District Bureau of Industry and Security (‘‘BIS’’) letter and attempts to settle the matter; Court for the Southern District of Texas, licenses previously issued in which the (4) issues a charging letter if settlement Julio Cesar Solis-Castilleja (‘‘Solis- person had an interest in at the time of is not reached; and/or (5) refers the Castilleja’’), was convicted of violating his conviction. matter to the U.S. Department of Justice Section 38 of the Arms Export Control BIS has received notice of Solis- for criminal prosecution. Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Castilleja’s conviction for violating the Specifically, Solis-Castilleja knowingly AECA, and has provided notice and an II. Method of Collection and willfully attempted to export and opportunity for Solis-Castilleja to make Submitted on paper. caused to be exported from the United a written submission to BIS, as provided States to Mexico a defense article, that in Section 766.25 of the Regulations. III. Data is, a Norinco MAK 90 Sporter 7.62 × BIS has not received a submission from 39mm caliber rifle, a Bushmaster .308 Solis-Castilleja. OMB Control Number: 0694–0058. caliber rifle, a DPMS Panther .308 Based upon my review and Form Number(s): N/A. caliber rifle, a FN Herstal .308 caliber consultations with BIS’s Office of Type of Review: Regular submission. rifle, a PTR 91C .308 caliber rifle, four Export Enforcement, including its Affected Public: Business or other for- (4) 7.62 × 51mm magazines, and one (1) Director, and the facts available to BIS, profit organizations. 7.62 × 39mm magazine, which were I have decided to deny Solis-Castilleja’s designated as a defense article on the export privileges under the Regulations Estimated Number of Respondents: United States Munitions List, without for a period of 10 years from the date of 388. having first obtained from the Solis-Castilleja’s conviction. I have also Estimated Time per Response: 10 Department of State a license for such decided to revoke all licenses issued hours. export or written authorization for such pursuant to the Act or Regulations in Estimated Total Annual Burden export. Solis-Castilleja was sentenced to which Solis-Castilleja had an interest at Hours: 3880. 46 months in prison, three years of the time of his conviction. supervised release, and a $100 Accordingly, it is hereby ordered: Estimated Total Annual Cost to assessment. First, from the date of this Order until Public: $194,000. Section 766.25 of the Export June 30, 2024, Julio Cesar Solis- IV. Request for Comments Administration Regulations (‘‘EAR’’ or Castilleja, with a last known address of ‘‘Regulations’’) 1 provides, in pertinent Inmate Number: 56152–379, FCI Comments are invited on: (a) Whether part, that ‘‘[t]he Director of the Office of Victorville Medium I, Federal the proposed collection of information Exporter Services, in consultation with Correctional Institution, P.O. Box 3725, is necessary for the proper performance the Director of the Office of Export Adelanto,CA 92301, and when acting of the functions of the agency, including Enforcement, may deny the export for or on his behalf, his successors, whether the information shall have privileges of any person who has been assigns, employees, agents or practical utility; (b) the accuracy of the convicted of a violation of the Export representatives (the ‘‘Denied Person’’), agency’s estimate of the burden Administration Act (‘‘EAA’’), the EAR, may not, directly or indirectly, (including hours and cost) of the or any order, license or authorization participate in any way in any proposed collection of information; (c) issued thereunder; any regulation, transaction involving any commodity, ways to enhance the quality, utility, and license, or order issued under the software or technology (hereinafter clarity of the information to be International Emergency Economic collectively referred to as ‘‘item’’) collected; and (d) ways to minimize the Powers Act (50 U.S.C. 1701–1706); 18 exported or to be exported from the burden of the collection of information U.S.C. 793, 794 or 798; section 4(b) of United States that is subject to the on respondents, including through the the Internal Security Act of 1950 (50 Regulations, including, but not limited use of automated collection techniques U.S.C. 783(b)), or section 38 of the Arms to: or other forms of information Export Control Act (22 U.S.C. 2778).’’ 15 A. Applying for, obtaining, or using technology. any license, License Exception, or 1 The Regulations are currently codified in the Comments submitted in response to export control document; Code of Federal Regulations at 15 CFR parts 730– this notice will be summarized and/or 774 (2016). The Regulations issued pursuant to the B. Carrying on negotiations included in the request for OMB Export Administration Act (50 U.S.C. 4601–4623 concerning, or ordering, buying, approval of this information collection; (Supp. III 2015) (available at http:// receiving, using, selling, delivering, uscode.house.gov)). Since August 21, 2001, the Act storing, disposing of, forwarding, mstockstill on DSK3G9T082PROD with NOTICES they also will become a matter of public has been in lapse and the President, through record. Executive Order 13222 of August 17, 2001 (3 CFR, transporting, financing, or otherwise 2001 Comp. 783 (2002)), which has been extended servicing in any way, any transaction Sheleen Dumas, by successive Presidential Notices, the most recent involving any item exported or to be PRA Departmental Lead, Office of the Chief being that of August 4, 2016 (81 FR 52,587 (Aug. exported from the United States that is Information Officer. 8, 2016)), has continued the Regulations in effect under the International Emergency Economic subject to the Regulations, or in any [FR Doc. 2016–27824 Filed 11–17–16; 8:45 am] Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. other activity subject to the Regulations; BILLING CODE 3510–33–P IV 2010)). or VerDate Sep<11>2014 20:21 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\18NON1.SGM 18NON1


Document Created: 2018-02-14 08:31:22
Document Modified: 2018-02-14 08:31:22
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
ActionNotice.
DatesWritten comments must be submitted on or before January 17, 2017.
ContactRequests for additional information or copies of the information collection instrument and instructions should be directed to Mark Crace, BIS ICB Liaison, (202) 482-4895, [email protected]
FR Citation81 FR 81736 
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