82 FR 16788 - In the Matter of: Amin Al-Baroudi, a/k/a Abu al-Jud, Inmate Number: 87450-083, FCI Victorville Medium II, Federal Correctional Institution, P.O. Box 3850, Adelanto, CA 92301; Order Denying Export Privileges
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 82, Issue 65 (April 6, 2017)
Bureau of Industry and Security
Federal Register Volume 82, Issue 65 (April 6, 2017)
| Page Range | 16788-16789 | |
| FR Document | 2017-06810 |
[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)] [Notices] [Pages 16788-16789] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06810] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Amin Al-Baroudi, a/k/a Abu al-Jud, Inmate Number: 87450-083, FCI Victorville Medium II, Federal Correctional Institution, P.O. Box 3850, Adelanto, CA 92301; Order Denying Export Privileges On June 13, 2016, in the U.S. District Court for the Eastern District of Virginia, Amin Al-Baroudi, a/k/a Abu al-Jud (``Al- Baroudi'') was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2012)) (``IEEPA''). Specifically, Al-Baroudi willfully combined, conspired, confederated, and agreed with other U.S. and non U.S. persons to export and cause to be exported goods from the United States to Syria in violating of the sanctions imposed on Syria by the United States without having first obtained the required authorization from the United States Department of Commerce. Baroudi was sentenced to 32 months in prison, with credit for time served, two years of supervised release, and a special assessment of $100.00. [[Page 16789]] 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. --------------------------------------------------------------------------- \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)). --------------------------------------------------------------------------- BIS has received notice of Al-Baroudi's conviction for violating IEEPA, and in accordance with Section 766.25 of the Regulations, BIS has provided notice and an opportunity for Al-Baroudi to make a written submission to BIS. BIS has not received a submission from Al-Baroudi. 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 Al-Baroudi's export privileges under the Regulations for a period of 10 years from the date of Al-Baroudi's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Al-Baroudi had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until June 13, 2026, Amin Al- Baroudi, with a last known address of Inmate Number: 87450-083, FCI Victorville Medium II, Federal Correctional Institution, P.O. Box 3850, Adelanto, CA 92301, 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 Al-Baroudi 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, Al-Baroudi 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 Al-Baroudi. This Order shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until June 13, 2026. Issued this 31st day of March, 2017. Hillary Hess, Acting Director, Office of Exporter Services. [FR Doc. 2017-06810 Filed 4-5-17; 8:45 am] BILLING CODE -P
![16788 Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices
part, that ‘‘[t]he Director of the Office of commodity, software or technology maintenance, repair, modification or
Exporter Services, in consultation with (hereinafter collectively referred to as testing.
the Director of the Office of Export ‘‘item’’) exported or to be exported from Third, after notice and opportunity for
Enforcement, may deny the export the United States that is subject to the comment as provided in Section 766.23
privileges of any person who has been Regulations, including, but not limited of the Regulations, any other person,
convicted of a violation of the Export to: firm, corporation, or business
Administration Act (‘‘EAA’’), the EAR, A. Applying for, obtaining, or using organization related to Estrada by
or any order, license or authorization any license, License Exception, or ownership, control, position of
issued thereunder; any regulation, export control document; responsibility, affiliation, or other
license, or order issued under the B. Carrying on negotiations connection in the conduct of trade or
International Emergency Economic concerning, or ordering, buying, business may also be made subject to
Powers Act (50 U.S.C. § 1701–1706); 18 receiving, using, selling, delivering, the provisions of this Order in order to
U.S.C. §§ 793, 794 or 798; section 4(b) storing, disposing of, forwarding, prevent evasion of this Order.
of the Internal Security Act of 1950 (50 transporting, financing, or otherwise Fourth, in accordance with part 756 of
U.S.C. § 783(b)), or section 38 of the servicing in any way, any transaction the Regulations, Estrada may file an
Arms Export Control Act (22 U.S.C. involving any item exported or to be appeal of this Order with the Under
§ 2778).’’ 15 CFR § 766.25(a); see also exported from the United States that is Secretary of Commerce for Industry and
Section 11(h) of the EAA, 50 U.S.C. subject to the Regulations, or in any Security. The appeal must be filed
§ 4610(h). The denial of export other activity subject to the Regulations; within 45 days from the date of this
privileges under this provision may be or Order and must comply with the
for a period of up to 10 years from the C. Benefitting in any way from any provisions of part 756 of the
date of the conviction. 15 CFR transaction involving any item exported Regulations.
§ 766.25(d); see also 50 U.S.C. § 4610(h). or to be exported from the United States Fifth, a copy of this Order shall be
In addition, Section 750.8 of the that is subject to the Regulations, or in delivered to the Estrada. This Order
Regulations states that the Bureau of any other activity subject to the shall be published in the Federal
Industry and Security’s Office of Regulations. Register.
Exporter Services may revoke any Sixth, this Order is effective
Bureau of Industry and Security (‘‘BIS’’) Second, no person may, directly or
indirectly, do any of the following: immediately and shall remain in effect
licenses previously issued in which the until July 25, 2024.
person had an interest in at the time of A. Export or reexport to or on behalf
his conviction. of the Denied Person any item subject to Issued this 31st day of March, 2017.
BIS has received notice of Estrada’s the Regulations; Hillary Hess,
conviction for violating the AECA, and B. Take any action that facilitates the Acting Director, Office of Exporter Services.
has provided notice and an opportunity acquisition or attempted acquisition by [FR Doc. 2017–06819 Filed 4–5–17; 8:45 am]
for Estrada to make a written the Denied Person of the ownership, BILLING CODE P
submission to BIS, as provided in possession, or control of any item
Section 766.25 of the Regulations. BIS subject to the Regulations that has been
has received a submission from Estrada. or will be exported from the United DEPARTMENT OF COMMERCE
Based upon my review and States, including financing or other
consultations with BIS’s Office of support activities related to a Bureau of Industry and Security
Export Enforcement, including its transaction whereby the Denied Person
Director, and the facts available to BIS, In the Matter of: Amin Al-Baroudi, a/k/
acquires or attempts to acquire such
I have decided to deny Estrada’s export a Abu al-Jud, Inmate Number: 87450–
ownership, possession or control;
privileges under the Regulations for a 083, FCI Victorville Medium II, Federal
C. Take any action to acquire from or Correctional Institution, P.O. Box 3850,
period of 10 years from the date of to facilitate the acquisition or attempted
Estrada’s conviction. I have also decided Adelanto, CA 92301; Order Denying
acquisition from the Denied Person of Export Privileges
to revoke all licenses issued pursuant to any item subject to the Regulations that
the Act or Regulations in which Estrada has been exported from the United On June 13, 2016, in the U.S. District
had an interest at the time of his States; Court for the Eastern District of Virginia,
conviction. D. Obtain from the Denied Person in Amin Al-Baroudi, a/k/a Abu al-Jud
Accordingly, it is hereby ordered: the United States any item subject to the (‘‘Al-Baroudi’’) was convicted of
First, from the date of this Order until Regulations with knowledge or reason violating the International Emergency
July 25, 2024, Juan Jose Estrada, with a to know that the item will be, or is Economic Powers Act (50 U.S.C. 1701,
last known address of Inmate Number: intended to be, exported from the et seq. (2012)) (‘‘IEEPA’’). Specifically,
53358–379, Big Spring, Correctional United States; or Al-Baroudi willfully combined,
Institution, 2001 Rickabaugh Drive, Big E. Engage in any transaction to service conspired, confederated, and agreed
Spring, TX 79720, and when acting for any item subject to the Regulations that with other U.S. and non U.S. persons to
or on his behalf, his successors, assigns, has been or will be exported from the export and cause to be exported goods
employees, agents or representatives United States and which is owned, from the United States to Syria in
(the ‘‘Denied Person’’), may not, directly possessed or controlled by the Denied violating of the sanctions imposed on
or indirectly, participate in any way in Person, or service any item, of whatever Syria by the United States without
mstockstill on DSK3G9T082PROD with NOTICES
any transaction involving any origin, that is owned, possessed or having first obtained the required
controlled by the Denied Person if such authorization from the United States
by successive Presidential Notices, the most recent service involves the use of any item Department of Commerce. Baroudi was
being that of August 4, 2016 (81 FR 52,587 (Aug. subject to the Regulations that has been sentenced to 32 months in prison, with
8, 2016)), has continued the Regulations in effect
under the International Emergency Economic
or will be exported from the United credit for time served, two years of
Powers Act (50 U.S.C. § 1701, et seq. (2006 & Supp. States. For purposes of this paragraph, supervised release, and a special
IV 2010)). servicing means installation, assessment of $100.00.
VerDate Sep<11>2014 18:51 Apr 05, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\06APN1.SGM 06APN1](https://thefederalregister.org/doc/82_FR_16853/page/1.svg)
![Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices 16789
Section 766.25 of the Export Box 3850, Adelanto, CA 92301, 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, States. For purposes of this paragraph,
the Director of the Office of Export participate in any way in any servicing means installation,
Enforcement, may deny the export transaction involving any commodity, maintenance, repair, modification or
privileges of any person who has been software or technology (hereinafter testing.
convicted of a violation of the Export collectively referred to as ‘‘item’’) Third, after notice and opportunity for
Administration Act (‘‘EAA’’), the EAR, exported or to be exported from the comment as provided in Section 766.23
or any order, license or authorization United States that is subject to the of the Regulations, any other person,
issued thereunder; any regulation, Regulations, including, but not limited firm, corporation, or business
license, or order issued under the to: organization related to Al-Baroudi by
International Emergency Economic A. Applying for, obtaining, or using ownership, control, position of
Powers Act (50 U.S.C. 1701–1706); 18 any license, License Exception, or responsibility, affiliation, or other
U.S.C. 793, 794 or 798; section 4(b) of export control document; connection in the conduct of trade or
the Internal Security Act of 1950 (50 B. Carrying on negotiations business may also be made subject to
U.S.C. 783(b)), or section 38 of the Arms concerning, or ordering, buying, the provisions of this Order in order to
Export Control Act (22 U.S.C. 2778).’’ 15 receiving, using, selling, delivering, prevent evasion of this Order.
CFR 766.25(a); see also Section 11(h) of storing, disposing of, forwarding, Fourth, in accordance with part 756 of
the EAA, 50 U.S.C. 4610(h). The denial transporting, financing, or otherwise the Regulations, Al-Baroudi may file an
of export privileges under this provision servicing in any way, any transaction appeal of this Order with the Under
may be for a period of up to 10 years involving any item exported or to be Secretary of Commerce for Industry and
from the date of the conviction. 15 CFR exported from the United States that is Security. The appeal must be filed
766.25(d); see also 50 U.S.C. 4610(h). In subject to the Regulations, or in any within 45 days from the date of this
addition, Section 750.8 of the other activity subject to the Regulations; Order and must comply with the
Regulations states that the Bureau of or provisions of part 756 of the
Industry and Security’s Office of C. Benefitting in any way from any Regulations.
Exporter Services may revoke any transaction involving any item exported Fifth, a copy of this Order shall be
Bureau of Industry and Security (‘‘BIS’’) or to be exported from the United States delivered to the Al-Baroudi. This Order
licenses previously issued in which the that is subject to the Regulations, or in shall be published in the Federal
person had an interest in at the time of any other activity subject to the Register.
his conviction. Regulations. Sixth, this Order is effective
BIS has received notice of Al- Second, no person may, directly or immediately and shall remain in effect
Baroudi’s conviction for violating indirectly, do any of the following: until June 13, 2026.
IEEPA, and in accordance with Section
A. Export or reexport to or on behalf
766.25 of the Regulations, BIS has Issued this 31st day of March, 2017.
of the Denied Person any item subject to
provided notice and an opportunity for Hillary Hess,
the Regulations;
Al-Baroudi to make a written B. Take any action that facilitates the Acting Director, Office of Exporter Services.
submission to BIS. BIS has not received acquisition or attempted acquisition by [FR Doc. 2017–06810 Filed 4–5–17; 8:45 am]
a submission from Al-Baroudi. the Denied Person of the ownership, BILLING CODE –P
Based upon my review and
possession, or control of any item
consultations with BIS’s Office of
subject to the Regulations that has been
Export Enforcement, including its DEPARTMENT OF COMMERCE
or will be exported from the United
Director, and the facts available to BIS,
States, including financing or other
I have decided to deny Al-Baroudi’s Bureau of Industry and Security
support activities related to a
export privileges under the Regulations
transaction whereby the Denied Person In the Matter of: Song II Kim, a/k/a Kim
for a period of 10 years from the date of
acquires or attempts to acquire such Song Il, Inmate Number—07778–122,
Al-Baroudi’s conviction. I have also
ownership, possession or control; Moshannon Valley, Correctional
decided to revoke all licenses issued
C. Take any action to acquire from or Institution, 555 Geo Drive, Philipsburg,
pursuant to the Act or Regulations in
to facilitate the acquisition or attempted PA 16866; Order Denying Export
which Al-Baroudi had an interest at the
acquisition from the Denied Person of Privileges
time of his conviction.
any item subject to the Regulations that
Accordingly, it is hereby ordered: has been exported from the United On February 29, 2016, in the U.S.
First, from the date of this Order until States; District Court for the District of Utah,
June 13, 2026, Amin Al-Baroudi, with a D. Obtain from the Denied Person in Song II Kim, a/k/a Kim Song II (‘‘Kim’’),
last known address of Inmate Number: the United States any item subject to the was convicted of violating Section 38 of
87450–083, FCI Victorville Medium II, Regulations with knowledge or reason the Arms Export Control Act (22 U.S.C.
Federal Correctional Institution, P.O. to know that the item will be, or is 2778 (2012)) (‘‘AECA’’). Specifically,
intended to be, exported from the Kim willfully attempted to export or
1 50 U.S.C. 4601–4623 (Supp. III 2015) (available
United States; or caused to be exported from the United
mstockstill on DSK3G9T082PROD with NOTICES
at http://uscode.house.gov). Since August 21, 2001,
the Act has been in lapse and the President, through
E. Engage in any transaction to service States, defense articles listed on the
Executive Order 13222 of August 17, 2001 (3 CFR, any item subject to the Regulations that United States Munitions List, to wit:
2001 Comp. 783 (2002)), which has been extended has been or will be exported from the PVS–7 and PVVS–14 Night Vision
by successive Presidential Notices, the most recent United States and which is owned, Optics and a THOR 320 Thermal
being that of August 4, 2016 (81 FR 52,587 (Aug.
8, 2016)), has continued the Regulations in effect
possessed or controlled by the Denied Imaging Weapons Sight, without having
under the International Emergency Economic Person, or service any item, of whatever first obtained from the Department of
Powers Act (50 U.S.C. 1701, et seq. (2012)). origin, that is owned, possessed or State, Directorate of Defense Trade
VerDate Sep<11>2014 18:51 Apr 05, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\06APN1.SGM 06APN1](https://thefederalregister.org/doc/82_FR_16853/page/2.svg)
Document Created: 2017-04-06 01:46:42
Document Modified: 2017-04-06 01:46:42
| 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 16788 |
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