82 FR 1691 - In the Matter of: Kamran Ashfaq Malik, Inmate Number: 57841-037, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 4 (January 6, 2017)

Page Range		1691-1692
FR Document		2017-00016

Federal Register, Volume 82 Issue 4 (Friday, January 6, 2017)

[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1691-1692]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00016]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Kamran Ashfaq Malik, Inmate Number: 57841-037, 
FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint 
Base MDL, NJ 08640; Order Denying Export Privileges

    On June 29, 2015, in the U.S. District Court for the District of 
Maryland, Kamran Ashfaq Malik (``Malik''), was convicted of violating 
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) 
(``AECA''). Specifically, Malik knowingly and willfully exported and 
caused the exportation of firearm parts and accessories designated as 
defense articles in Category I of the United States Munitions List, to 
wit: A .223 caliber rifle lower receiver, a .334 caliber rifle lower 
receiver, two .223 caliber rifle bolt carriers, and two .223 10 round 
magazines, from the United States and destined for Pakistan without 
having first obtained the required licenses or authorizations from the 
Department of State. Malik was sentenced to 24 months in prison, three 
years 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

[[Page 1692]]

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\ 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 Malik's conviction for violating the 
AECA, and has provided notice and an opportunity for Malik to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Malik.
    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 Malik's export privileges under the Regulations 
for a period of five years from the date of Malik's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Malik had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until June 29, 2020, Kamran 
Ashfaq Malik, with a last known address of Inmate Number: 57841-037, 
FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint 
Base MDL, NJ 08640, 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 Malik 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, Malik 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 Malik. This 
Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until June 29, 2020.

    Issued this 29th day of December, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-00016 Filed 1-5-17; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices 1691

issued thereunder; any regulation, involving any item exported or to be The appeal must be filed within 45 days
license, or order issued under the exported from the United States that is from the date of this Order and must
International Emergency Economic subject to the Regulations, or in any comply with the provisions of Part 756
Powers Act (50 U.S.C. 1701–1706); 18 other activity subject to the Regulations; of the Regulations.
U.S.C. 793, 794 or 798; section 4(b) of or Fifth, a copy of this Order shall be
the Internal Security Act of 1950 (50 C. Benefitting in any way from any delivered to the Luba. This Order shall
U.S.C. 783(b)), or section 38 of the Arms transaction involving any item exported be published in the Federal Register.
Export Control Act (22 U.S.C. 2778).’’ 15 or to be exported from the United States Sixth, this Order is effective
CFR 766.25(a); see also Section 11(h) of that is subject to the Regulations, or in immediately and shall remain in effect
the EAA, 50 U.S.C. 4610(h). The denial any other activity subject to the until April 25, 2026.
of export privileges under this provision Regulations. Dated: December 29, 2016.
may be for a period of up to 10 years Second, no person may, directly or Karen H. Nies-Vogel,
from the date of the conviction. 15 CFR indirectly, do any of the following:
Director, Office of Exporter Services.
766.25(d); see also 50 U.S.C. 4610(h). In A. Export or reexport to or on behalf
[FR Doc. 2017–00007 Filed 1–5–17; 8:45 am]
addition, Section 750.8 of the of the Denied Person any item subject to
the Regulations; BILLING CODE P
Regulations states that the Bureau of
Industry and Security’s Office of B. Take any action that facilitates the
Exporter Services may revoke any acquisition or attempted acquisition by
the Denied Person of the ownership, DEPARTMENT OF COMMERCE
Bureau of Industry and Security (‘‘BIS’’)
licenses previously issued in which the possession, or control of any item Bureau of Industry and Security
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 In the Matter of: Kamran Ashfaq Malik,
BIS has received notice of Luba’s States, including financing or other Inmate Number: 57841–037, FCI Fort
conviction for violating the AECA, and support activities related to a Dix, Federal Correctional Institution,
has provided notice and an opportunity transaction whereby the Denied Person P.O. Box 2000, Joint Base MDL, NJ
for Luba to make a written submission acquires or attempts to acquire such 08640; Order Denying Export
to BIS, as provided in Section 766.25 of ownership, possession or control; Privileges
the Regulations. BIS has not received a C. Take any action to acquire from or
submission from Luba. to facilitate the acquisition or attempted On June 29, 2015, in the U.S. District
Based upon my review and acquisition from the Denied Person of Court for the District of Maryland,
consultations with BIS’s Office of any item subject to the Regulations that Kamran Ashfaq Malik (‘‘Malik’’), was
Export Enforcement, including its has been exported from the United convicted of violating Section 38 of the
Director, and the facts available to BIS, States; Arms Export Control Act (22 U.S.C.
I have decided to deny Luba’s export D. Obtain from the Denied Person in 2778 (2012)) (‘‘AECA’’). Specifically,
privileges under the Regulations for a the United States any item subject to the Malik knowingly and willfully exported
period of 10 years from the date of Regulations with knowledge or reason and caused the exportation of firearm
Luba’s conviction. I have also decided to know that the item will be, or is parts and accessories designated as
to revoke all licenses issued pursuant to intended to be, exported from the defense articles in Category I of the
the Act or Regulations in which Luba United States; or United States Munitions List, to wit: A
had an interest at the time of his E. Engage in any transaction to service .223 caliber rifle lower receiver, a .334
conviction. any item subject to the Regulations that caliber rifle lower receiver, two .223
Accordingly, it is hereby ordered: has been or will be exported from the caliber rifle bolt carriers, and two .223
First, from the date of this Order until United States and which is owned, 10 round magazines, from the United
April 25, 2026, Robert Luba, with a last possessed or controlled by the Denied States and destined for Pakistan without
known address of Inmate Number: Person, or service any item, of whatever having first obtained the required
65986–050, USP Canaan, U.S. origin, that is owned, possessed or licenses or authorizations from the
Penitentiary, Satellite Camp, P.O. Box controlled by the Denied Person if such Department of State. Malik was
200, Waymart, PA 18472, and when service involves the use of any item sentenced to 24 months in prison, three
acting for or on his behalf, his subject to the Regulations that has been years of supervised release, and a $100
successors, assigns, employees, agents or will be exported from the United assessment.
or representatives (the ‘‘Denied States. For purposes of this paragraph, Section 766.25 of the Export
Person’’), may not, directly or indirectly, servicing means installation, Administration Regulations (‘‘EAR’’ or
participate in any way in any maintenance, repair, modification or ‘‘Regulations’’) 1 provides, in pertinent
transaction involving any commodity, testing. part, that ‘‘[t]he Director of the Office of
software or technology (hereinafter Third, after notice and opportunity for Exporter Services, in consultation with
collectively referred to as ‘‘item’’) comment as provided in Section 766.23 the Director of the Office of Export
exported or to be exported from the of the Regulations, any other person,
1 The Regulations are currently codified in the
United States that is subject to the firm, corporation, or business
Code of Federal Regulations at 15 CFR parts 730–
Regulations, including, but not limited organization related to Luba by 774 (2016). The Regulations issued pursuant to the
to: ownership, control, position of Export Administration Act (50 U.S.C. 4601–4623
A. Applying for, obtaining, or using responsibility, affiliation, or other (Supp. III 2015) (available at http://
uscode.house.gov)). Since August 21, 2001, the Act
sradovich on DSK3GMQ082PROD with NOTICES

any license, License Exception, or connection in the conduct of trade or
has been in lapse and the President, through
export control document; business may also be made subject to Executive Order 13222 of August 17, 2001 (3 CFR,
B. Carrying on negotiations the provisions of this Order in order to 2001 Comp. 783 (2002)), which has been extended
concerning, or ordering, buying, prevent evasion of this Order. by successive Presidential Notices, the most recent
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of being that of August 4, 2016 (81 FR 52,587 (Aug.
8, 2016)), has continued the Regulations in effect
storing, disposing of, forwarding, the Regulations, Luba may file an appeal under the International Emergency Economic
transporting, financing, or otherwise of this Order with the Under Secretary Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
servicing in any way, any transaction of Commerce for Industry and Security. IV 2010)).

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1692 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices

Enforcement, may deny the export B. Carrying on negotiations the provisions of this Order in order to
privileges of any person who has been concerning, or ordering, buying, prevent evasion of this Order.
convicted of a violation of the Export receiving, using, selling, delivering, Fourth, in accordance with Part 756 of
Administration Act (‘‘EAA’’), the EAR, storing, disposing of, forwarding, the Regulations, Malik may file an
or any order, license or authorization transporting, financing, or otherwise appeal of this Order with the Under
issued thereunder; any regulation, servicing in any way, any transaction Secretary of Commerce for Industry and
license, or order issued under the involving any item exported or to be Security. The appeal must be filed
International Emergency Economic exported from the United States that is within 45 days from the date of this
Powers Act (50 U.S.C. 1701–1706); 18 subject to the Regulations, or in any Order and must comply with the
U.S.C. 793, 794 or 798; section 4(b) of other activity subject to the Regulations; provisions of Part 756 of the
the Internal Security Act of 1950 (50 or Regulations.
U.S.C. 783(b)), or section 38 of the Arms C. Benefitting in any way from any Fifth, a copy of this Order shall be
Export Control Act (22 U.S.C. 2778).’’ 15 transaction involving any item exported delivered to the Malik. This Order shall
CFR 766.25(a); see also Section 11(h) of or to be exported from the United States be published in the Federal Register.
the EAA, 50 U.S.C. 4610(h). The denial that is subject to the Regulations, or in Sixth, this Order is effective
of export privileges under this provision any other activity subject to the immediately and shall remain in effect
may be for a period of up to 10 years Regulations. until June 29, 2020.
from the date of the conviction. 15 CFR Second, no person may, directly or
indirectly, do any of the following: Issued this 29th day of December, 2016.
766.25(d); see also 50 U.S.C. 4610(h). In Karen H. Nies-Vogel,
addition, Section 750.8 of the A. Export or reexport to or on behalf
of the Denied Person any item subject to Director, Office of Exporter Services.
Regulations states that the Bureau of
Industry and Security’s Office of the Regulations; [FR Doc. 2017–00016 Filed 1–5–17; 8:45 am]
B. Take any action that facilitates the BILLING CODE P
Exporter Services may revoke any
acquisition or attempted acquisition by
Bureau of Industry and Security (‘‘BIS’’)
the Denied Person of the ownership,
licenses previously issued in which the
possession, or control of any item DEPARTMENT OF COMMERCE
person had an interest in at the time of
subject to the Regulations that has been
his conviction. International Trade Administration
or will be exported from the United
BIS has received notice of Malik’s
States, including financing or other
conviction for violating the AECA, and [A–560–823, C–560–824, A–570–958, C–570–
support activities related to a
has provided notice and an opportunity 959]
transaction whereby the Denied Person
for Malik to make a written submission
acquires or attempts to acquire such
to BIS, as provided in Section 766.25 of Certain Coated Paper Suitable for
ownership, possession or control;
the Regulations. BIS has not received a C. Take any action to acquire from or High-Quality Print Graphics Using
submission from Malik. to facilitate the acquisition or attempted Sheet-Fed Presses From Indonesia
Based upon my review and acquisition from the Denied Person of and the People’s Republic of China:
consultations with BIS’s Office of any item subject to the Regulations that Continuation of Antidumping and
Export Enforcement, including its has been exported from the United Countervailing Duty Orders
Director, and the facts available to BIS, States; AGENCY: Enforcement and Compliance,
I have decided to deny Malik’s export D. Obtain from the Denied Person in International Trade Administration,
privileges under the Regulations for a the United States any item subject to the Department of Commerce.
period of five years from the date of Regulations with knowledge or reason
Malik’s conviction. I have also decided SUMMARY: As a result of the
to know that the item will be, or is determinations by the Department of
to revoke all licenses issued pursuant to intended to be, exported from the
the Act or Regulations in which Malik Commerce (the Department) and the
United States; or International Trade Commission (ITC)
had an interest at the time of his E. Engage in any transaction to service
conviction. that revocation of the antidumping duty
any item subject to the Regulations that
Accordingly, it is hereby ordered: (AD) and countervailing duty (CVD)
has been or will be exported from the
First, from the date of this Order until orders on certain coated paper suitable
United States and which is owned,
June 29, 2020, Kamran Ashfaq Malik, for high-quality print graphics using
possessed or controlled by the Denied
with a last known address of Inmate sheet-fed presses (coated paper) from
Person, or service any item, of whatever
Number: 57841–037, FCI Fort Dix, Indonesia and the People’s Republic of
origin, that is owned, possessed or
Federal Correctional Institution, P.O. China (PRC) would be likely to lead to
controlled by the Denied Person if such
Box 2000, Joint Base MDL, NJ 08640, continuation or recurrence of dumping
service involves the use of any item
and when acting for or on his behalf, his and countervailable subsidies and
subject to the Regulations that has been
successors, assigns, employees, agents material injury to an industry in the
or will be exported from the United
or representatives (the ‘‘Denied United States, the Department is
States. For purposes of this paragraph,
Person’’), may not, directly or indirectly, publishing a notice of continuation of
servicing means installation,
participate in any way in any the AD and CVD orders.
maintenance, repair, modification or
transaction involving any commodity, testing. DATES: Effective January 6, 2017.
software or technology (hereinafter Third, after notice and opportunity for FOR FURTHER INFORMATION CONTACT:
collectively referred to as ‘‘item’’) comment as provided in Section 766.23 Terre Keaton Stefanova at (202) 482–
sradovich on DSK3GMQ082PROD with NOTICES

exported or to be exported from the of the Regulations, any other person, 1280 (AD orders), Jackie Arrowsmith at
United States that is subject to the firm, corporation, or business (202) 482–5255 (Indonesia CVD order),
Regulations, including, but not limited organization related to Malik by or Mark Kennedy at (202) 482–7883
to: ownership, control, position of (PRC CVD order), AD/CVD Operations,
A. Applying for, obtaining, or using responsibility, affiliation, or other Enforcement and Compliance,
any license, License Exception, or connection in the conduct of trade or International Trade Administration,
export control document; business may also be made subject to U.S. Department of Commerce, 1401

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Document Created: 2017-01-06 01:30:26
Document Modified: 2017-01-06 01:30:26

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 1691

82 FR 1691 - In the Matter of: Kamran Ashfaq Malik, Inmate Number: 57841-037, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640; Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 4 (January 6, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security