82 FR 16789 - In the Matter of: Song II Kim, a/k/a Kim Song Il, Inmate Number-07778-122, Moshannon Valley, Correctional Institution, 555 Geo Drive, Philipsburg, PA 16866; 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 | 16789-16790 | |
| FR Document | 2017-06812 |
[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)] [Notices] [Pages 16789-16790] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06812] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Song II Kim, a/k/a Kim Song Il, Inmate Number-- 07778-122, Moshannon Valley, Correctional Institution, 555 Geo Drive, Philipsburg, PA 16866; Order Denying Export Privileges On February 29, 2016, in the U.S. District Court for the District of Utah, Song II Kim, a/k/a Kim Song II (``Kim''), was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Kim willfully attempted to export or caused to be exported from the United States, defense articles listed on the United States Munitions List, to wit: PVS-7 and PVVS-14 Night Vision Optics and a THOR 320 Thermal Imaging Weapons Sight, without having first obtained from the Department of State, Directorate of Defense Trade [[Page 16790]] Controls, a license or written authorizations for such export. Kim was sentenced 40 months in prison, with credit for time served, 36 months of supervised release, and a $100 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. 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\ 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)). --------------------------------------------------------------------------- BIS has received notice of Kim's conviction for violating the AECA, and has provided notice and an opportunity for Kim to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Kim. 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 Kim's export privileges under the Regulations for a period of 10 years from the date of Kim's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Kim had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until February 28, 2026, Song II Kim, a/k/a Kim Song II, with a last known address of Inmate Number-- 07778-122, Moshannon Valley, Correctional Institution, 555 Geo Drive, Philipsburg, PA 16866, 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 Kim 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, Kim 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 Kim. This Order shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until February 28, 2026. Issued this 31st day of March, 2017. Hillary Hess, Acting Director, Office of Exporter Services. [FR Doc. 2017-06812 Filed 4-5-17; 8:45 am] BILLING CODE P
![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_16854/page/1.svg)
![16790 Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices
Controls, a license or written had an interest at the time of his intended to be, exported from the
authorizations for such export. Kim was conviction. United States; or
sentenced 40 months in prison, with Accordingly, it is hereby ordered: E. Engage in any transaction to service
credit for time served, 36 months of any item subject to the Regulations that
First, from the date of this Order until
supervised release, and a $100 has been or will be exported from the
February 28, 2026, Song II Kim, a/k/a
assessment. United States and which is owned,
Section 766.25 of the Export Kim Song II, with a last known address
of Inmate Number—07778–122, possessed or controlled by the Denied
Administration Regulations (‘‘EAR’’ or Person, or service any item, of whatever
‘‘Regulations’’) 1 provides, in pertinent Moshannon Valley, Correctional
Institution, 555 Geo Drive, Philipsburg, origin, that is owned, possessed or
part, that ‘‘[t]he Director of the Office of controlled by the Denied Person if such
Exporter Services, in consultation with PA 16866, and when acting for or on his
behalf, his successors, assigns, service involves the use of any item
the Director of the Office of Export subject to the Regulations that has been
Enforcement, may deny the export employees, agents or representatives
(the ‘‘Denied Person’’), may not, directly or will be exported from the United
privileges of any person who has been States. For purposes of this paragraph,
convicted of a violation of the Export or indirectly, participate in any way in
any transaction involving any servicing means installation,
Administration Act (‘‘EAA’’), the EAR, maintenance, repair, modification or
or any order, license or authorization commodity, software or technology
(hereinafter collectively referred to as testing.
issued thereunder; any regulation, Third, after notice and opportunity for
license, or order issued under the ‘‘item’’) exported or to be exported from
the United States that is subject to the comment as provided in Section 766.23
International Emergency Economic of the Regulations, any other person,
Powers Act (50 U.S.C. 1701–1706); 18 Regulations, including, but not limited
to: firm, corporation, or business
U.S.C. 793, 794 or 798; section 4(b) of organization related to Kim by
the Internal Security Act of 1950 (50 A. Applying for, obtaining, or using ownership, control, position of
U.S.C. 783(b)), or section 38 of the Arms any license, License Exception, or responsibility, affiliation, or other
Export Control Act (22 U.S.C. 2778).’’ 15 export control document; connection in the conduct of trade or
CFR 766.25(a); see also Section 11(h) of B. Carrying on negotiations business may also be made subject to
the EAA, 50 U.S.C. 4610(h). The denial concerning, or ordering, buying, the provisions of this Order in order to
of export privileges under this provision receiving, using, selling, delivering, prevent evasion of this Order.
may be for a period of up to 10 years storing, disposing of, forwarding, Fourth, in accordance with part 756 of
from the date of the conviction. 15 CFR transporting, financing, or otherwise the Regulations, Kim may file an appeal
766.25(d); see also 50 U.S.C. 4610(h). In servicing in any way, any transaction of this Order with the Under Secretary
addition, Section 750.8 of the involving any item exported or to be of Commerce for Industry and Security.
Regulations states that the Bureau of exported from the United States that is The appeal must be filed within 45 days
Industry and Security’s Office of subject to the Regulations, or in any from the date of this Order and must
Exporter Services may revoke any other activity subject to the Regulations; comply with the provisions of part 756
Bureau of Industry and Security (‘‘BIS’’) or of the Regulations.
licenses previously issued in which the C. Benefitting in any way from any Fifth, a copy of this Order shall be
person had an interest in at the time of transaction involving any item exported delivered to the Kim. This Order shall
his conviction. or to be exported from the United States be published in the Federal Register.
BIS has received notice of Kim’s that is subject to the Regulations, or in Sixth, this Order is effective
conviction for violating the AECA, and any other activity subject to the immediately and shall remain in effect
has provided notice and an opportunity Regulations. until February 28, 2026.
for Kim to make a written submission to
Second, no person may, directly or
BIS, as provided in Section 766.25 of
indirectly, do any of the following: Issued this 31st day of March, 2017.
the Regulations. BIS has not received a
submission from Kim. A. Export or reexport to or on behalf Hillary Hess,
Based upon my review and of the Denied Person any item subject to Acting Director, Office of Exporter Services.
consultations with BIS’s Office of the Regulations; [FR Doc. 2017–06812 Filed 4–5–17; 8:45 am]
Export Enforcement, including its B. Take any action that facilitates the BILLING CODE P
Director, and the facts available to BIS, acquisition or attempted acquisition by
I have decided to deny Kim’s export the Denied Person of the ownership,
privileges under the Regulations for a possession, or control of any item DEPARTMENT OF COMMERCE
period of 10 years from the date of subject to the Regulations that has been
Kim’s conviction. I have also decided to or will be exported from the United International Trade Administration
revoke all licenses issued pursuant to States, including financing or other
support activities related to a [C–533–818, C–560–806, C–580–837]
the Act or Regulations in which Kim
transaction whereby the Denied Person Certain Cut-to-Length Carbon-Quality
1 The Regulations are currently codified in the acquires or attempts to acquire such Steel Plate From India, Indonesia, and
Code of Federal Regulations at 15 CFR parts 730– ownership, possession or control;
774 (2016). The Regulations issued pursuant to the the Republic of Korea: Final Results of
Export Administration Act (50 U.S.C. 4601–4623 C. Take any action to acquire from or Expedited Third Sunset Reviews of
(Supp. III 2015) (available at http:// to facilitate the acquisition or attempted Countervailing Duty Orders
uscode.house.gov)). Since August 21, 2001, the Act acquisition from the Denied Person of
mstockstill on DSK3G9T082PROD with NOTICES
has been in lapse and the President, through any item subject to the Regulations that AGENCY: Enforcement and Compliance,
Executive Order 13222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), which has been extended has been exported from the United International Trade Administration,
by successive Presidential Notices, the most recent States; Department of Commerce.
being that of August 4, 2016 (81 FR 52,587 (Aug. D. Obtain from the Denied Person in SUMMARY: The Department of Commerce
8, 2016)), has continued the Regulations in effect
under the International Emergency Economic
the United States any item subject to the (Department) finds that revocation of
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. Regulations with knowledge or reason the countervailing duty (CVD) orders on
IV 2010)). to know that the item will be, or is certain cut-to-length carbon-quality steel
VerDate Sep<11>2014 18:51 Apr 05, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\06APN1.SGM 06APN1](https://thefederalregister.org/doc/82_FR_16854/page/2.svg)
Document Created: 2017-04-06 01:46:50
Document Modified: 2017-04-06 01:46:50
| 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 16789 |
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