82 FR 14200 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 51 (March 17, 2017)

Page Range		14200-14201
FR Document		2017-05356
Federal Register, Volume 82 Issue 51 (Friday, March 17, 2017)
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Notices]
[Pages 14200-14201]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05356]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 Order Denying Export Privileges

In the Matter of Eyad Farah, Inmate Number: 63001-018, FCI Fort 
Worth, Federal Correctional Institution, P.O. Box 15330, Fort Worth, 
TX 76119.

    On December 15, 2015, in the U.S. District Court, Middle District 
of Florida, Eyad Farah (``Farah''), was convicted of violating Section 
38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). 
Specifically, Farah knowingly and willfully attempted to export from 
the United States a defense article on the U.S. Munitions List without 
having first obtained a license from the Department of State or written 
prior authorization for such export. Farah was sentenced to 37 months 
in prison, with credit for time served, 36 months of supervised 
release, and a $300 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 
Sec.  766.25(a); see also Section 11(h) of the EAA, 50 U.S.C. Sec.  
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 
Sec.  766.25(d); see also 50 U.S.C. Sec.  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 (2016). 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 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. 
(2006 & Supp. IV 2010)).
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    BIS has received notice of Farah's conviction for violating the 
AECA, and has provided notice and an opportunity for Farah to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Farah.
    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 Farah's export privileges under the Regulations 
for a period of five years from the date of Farah's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Farah had an interest at the time of his 
conviction.
    Accordingly, it is hereby Ordered:
    First, from the date of this Order until December 15, 2020, Eyad 
Farah, with a last known address of Inmate Number: 63001-018, FCI Fort 
Worth, Federal Correctional Institution, P.O. Box 15330, Fort Worth, TX 
76119, 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 Farah by ownership, control, 
position of

[[Page 14201]]

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, Farah 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 Farah. This 
Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until December 15, 2020.

    Dated: March 13, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-05356 Filed 3-16-17; 8:45 am]
 BILLING CODE P
Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices 14201

responsibility, affiliation, or other SUPPLEMENTARY INFORMATION: submitted its rebuttal brief.9 On
connection in the conduct of trade or November 14, 2016, Petitioner
Background
business may also be made subject to submitted a request for a hearing, which
the provisions of this Order in order to On September 7, 2016, Petitioner it subsequently withdrew on December,
prevent evasion of this Order. submitted new factual information 15, 2016.10 On February 6, 2017, the
Fourth, in accordance with Part 756 of regarding Navneet’s U.S. sales data.1 Department postponed the final results
the Regulations, Farah may file an Given the timing of the submission, the by 30 days, until March 13, 2017.11
appeal of this Order with the Under Department could not address this new
factual information in the Preliminary Scope of the Order
Secretary of Commerce for Industry and
Security. The appeal must be filed Results.2 The Department invited The merchandise covered by the order
within 45 days from the date of this interested parties to submit comments is certain lined paper products. The
Order and must comply with the no later than October 24, 2016,3 and to merchandise subject to this order is
provisions of Part 756 of the submit follow-up comments as part of currently classified under the following
Regulations. their case and rebuttal briefs no later Harmonized Tariff Schedule of the
Fifth, a copy of this Order shall be than November 14, 2016, and November United States (HTSUS) subheadings:
delivered to the Farah. This Order shall 21, 2016, respectively.4 On October 24, 4811.90.9035, 4811.90.9080,
be published in the Federal Register. 2016, Navneet submitted comments on 4820.30.0040, 4810.22.5044,
Sixth, this Order is effective the new factual information.5 On 4811.90.9050, 4811.90.9090,
immediately and shall remain in effect November 3, 2016, Petitioner submitted 4820.10.2010, 4820.10.2020,
until December 15, 2020. rebuttal comments regarding the new 4820.10.2030, 4820.10.2040,
Dated: March 13, 2017.
factual information.6 4820.10.2050, 4820.10.2060, and
On October 14, 2016, the Department 4820.10.4000. Although the HTSUS
Karen H. Nies-Vogel, published the Preliminary Results. On numbers are provided for convenience
Director, Office of Exporter Services. November 14, 2016, Kokuyo Riddhi 7 and customs purposes, the written
[FR Doc. 2017–05356 Filed 3–16–17; 8:45 am] and Navneet timely submitted their case product description remains
BILLING CODE P briefs.8 On November 21, 2016, Navneet dispositive.12
1 See Petitioner’s letter titled, ‘‘Certain Lined Analysis of Comments Received
DEPARTMENT OF COMMERCE Paper Products from India: General New Factual All issues raised in the case and
Information Submission,’’ dated September 7, 2016.
2 See Certain Lined Paper Products from India:
rebuttal briefs by parties to this
International Trade Administration administrative review are addressed in
Notice of Preliminary Results of Antidumping Duty
[A–533–843] Administrative Review; 2014–2015, 81 FR 71046 the Issues and Decision Memorandum.
(October 14, 2016) (Preliminary Results), and A list of the issues that parties raised
Certain Lined Paper Products From accompanying Memorandum to Ronald K.
Lorentzen, Acting Assistant Secretary for and to which we responded is attached
India: Final Results of Antidumping Enforcement and Compliance, from Christian to this notice as an Appendix. The
Duty Administrative Review; 2014– Marsh, Deputy Assistant Secretary for Antidumping Issues and Decision Memorandum is a
2015 and Countervailing Duty Operations, titled
‘‘Decision Memorandum for the Preliminary Results
of the Antidumping Duty Administrative Review: Brief,’’ dated November 14, 2016; see also Navneet’s
AGENCY: Enforcement and Compliance, letter titled, ‘‘Certain Lined Paper Products from
Certain Lined Paper Products from India; 2014–
International Trade Administration, 2015,’’ dated October 5, 2016 (Preliminary Decision India: Case Brief of Navneet Education Limited,’’
Department of Commerce. Memorandum). The Preliminary Decision dated November 14, 2016; see also Petitioner’s
Memorandum can be accessed directly at: http:// letter titled, ‘‘Certain Lined Paper Products from
SUMMARY: On October 14, 2016, the
enforcement.trade.gov/frn/index.html. India: Case Brief,’’ dated November 14, 2016.
Department of Commerce (the 3 See Letter titled, ‘‘Filings by the Association of 9 See Navneet’s letter titled, ‘‘Certain Lined Paper
Department) published the Preliminary American School Paper Suppliers (Petitioners) and Products from India: Rebuttal Brief of Navneet
Results of the administrative review of Navneet Education Ltd. (Navneet) Concerning Education Limited,’’ dated November 21, 2016.
Navneet’s Alleged Under Reporting of U.S. Sales,’’ 10 See Petitioner’s letter titled, ‘‘Certain Lined
the antidumping duty order on certain
dated September 27, 2016. Paper Products from India: Hearing Request,’’ dated
lined paper products (CLPP) from India. 4 See Letter titled, ‘‘New Factual Information November 14, 2016; see also Memorandum to the
The period of review (POR) is Filed by the Association of American School Paper File titled, ‘‘Petitioner’s Request for a Meeting in
September 1, 2014, through August 31, Suppliers (Petitioner) and Extension of Deadline to Lieu of a Hearing,’’ dated December 19, 2016.
2015. This review covers two mandatory Submit New Factual Information Pertaining to 11 See Memorandum titled ‘‘Certain Lined Paper

respondents, Kokuyo Riddhi Paper Navneet Education Ltd.’s (Navneet) Sales Products from India: Extension of Time Limit for
Reporting,’’ dated September 27, 2016. Final Results of Antidumping Duty Administrative
Products Private Limited (Kokuyo 5 See Navneet’s letter titled, ‘‘Certain Lined Paper Review; 2014–2015,’’ dated February 3, 2017.
Riddhi) and Navneet Education Limited Products from India: Response of Navneet Postponing the final results by 30 days would place
(Navneet). For these final results, we Education Limited to Non-Reported Sales the deadline on Sunday, March 12, 2017. The
find that neither Kokuyo Riddhi nor Allegation,’’ dated October 24, 2016. Department’s practice dictates that where a
6 See Petitioner’s letter titled, ‘‘Certain Lined deadline falls on a weekend or federal holiday, the
Navneet made sales below normal value Paper Products from India: Response Comments to appropriate deadline is the next business day. See
during the POR. See the ‘‘Final Results Navneet’s New Factual Information Related to Notice of Clarification: Application of ‘‘Next
of the Review’’ section below. Unreported U.S. Sales; Extension Request for the Business Day’’ Rule for Administrative
Case Briefs,’’ dated November 3, 2016. Determination Deadlines Pursuant to the Tariff Act
DATES: Effective March 17, 2017. 7 The Department has determined that Kokuyo of 1930, As Amended, 70 FR 24533 (May 10, 2005).
FOR FURTHER INFORMATION CONTACT: Riddhi Paper Products Private Limited (Kokuyo 12 For a complete description of the Scope of the

Cindy Robinson for Navneet and George
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Riddhi) is the successor-in-interest to Riddhi Order, see Memorandum from Gary Taverman,
McMahon for Kokuyo Riddhi, AD/CVD Enterprises. See Certain Lined Paper Products from Associate Deputy Assistant Secretary for
India: Notice of Final Results of Antidumping Duty Antidumping and Countervailing Duty Operations,
Operations, Office III, Enforcement and Changed Circumstances Review, 80 FR 18373 (April to Ronald K. Lorentzen, Acting Assistant Secretary
Compliance, International Trade 6, 2015) (Final Results of CCR—Kokuyo Riddhi), for Enforcement and Compliance, titled ‘‘Certain
Administration, U.S. Department of and the accompanying Issues and Decision Lined Paper Products from India: Issues and
Commerce, 1401 Constitution Avenue Memorandum. Accordingly, we refer to Kokuyo Decision Memorandum for the Final Results of
Riddhi and Riddhi Enterprises as Kokuyo Riddhi in Antidumping Duty Administrative Review; 2014–
NW., Washington, DC 20230; telephone this review. 2015,’’ dated concurrently with and hereby adopted
(202) 482–3797 or (202) 482–1167, 8 See Kokuyo Riddhi’s letter titled, ‘‘Certain Lined by this notice (‘‘Issues and Decision
respectively. Paper Products from India: Kokuyo Riddhi Case Memorandum’’).

VerDate Sep<11>2014 20:02 Mar 16, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM 17MRN1
Document Created: 2017-03-17 02:48:44
Document Modified: 2017-03-17 02:48:44
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		82 FR 14200
82 FR 14200 - Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 51 (March 17, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
