82 FR 17187 - Order Denying Export Privileges In the Matter of: Sam Rafic Ghanem, 6714 Forsythia Street, Springfield, VA 22150

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 67 (April 10, 2017)

Page Range		17187-17188
FR Document		2017-06813

Federal Register, Volume 82 Issue 67 (Monday, April 10, 2017)

[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Pages 17187-17188]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06813]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges In the Matter of: Sam Rafic 
Ghanem, 6714 Forsythia Street, Springfield, VA 22150

    On August 12, 2015, in the U.S. District Court for the District of 
Maryland, Sam Rafic Ghanem (``Ghanem''), was convicted of violating 
section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) 
(``AECA''). Specifically, Ghanem willfully attempted to export and 
cause the exportation of firearms parts and accessories designated as 
defense articles under Category I of the United States Munitions List 
from the United States to Lebanon without having first obtained the 
required license or authorization from the U.S. Department of State, 
Directorate of Defense Trade Controls. Ghanem was sentenced 18 months 
in prison, three years of supervised release, a criminal fine of 
$70,734.24, and a $200 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.
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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)).
---------------------------------------------------------------------------

    BIS has received notice of Ghanem's conviction for violating the 
AECA, and has provided notice and an opportunity for Ghanem to make a 
written submission to BIS, as provided in section 766.25 of the 
Regulations. Ghanem requested an extension of time to make a written 
submission to BIS, which was granted, but BIS did not receive a 
submission from Ghanem.
    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 Ghanem's export privileges under the Regulations 
for a period of 10 years from the date of Ghanem's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Ghanem had an interest at the time of his 
conviction.
    Accordingly, it is hereby Ordered:
    First, from the date of this Order until August 12, 2025, Sam Rafic 
Ghanem, with a last known address of 6714 Forsythia Street, 
Springfield, VA 22150, 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 Ghanem 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, Ghanem 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 Ghanem. This 
Order shall be published in the Federal Register.

[[Page 17188]]

    Sixth, this Order is effective immediately and shall remain in 
effect until August 12, 2025.

    Issued: March 31, 2017.
Hillary Hess,
Acting Director, Office of Exporter Services.
[FR Doc. 2017-06813 Filed 4-7-17; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices 17187

Dated: April 5, 2017. of export privileges under this provision any other activity subject to the
Andrew McGilvray, may be for a period of up to 10 years Regulations.
Executive Secretary. from the date of the conviction. 15 CFR Second, no person may, directly or
[FR Doc. 2017–07103 Filed 4–7–17; 8:45 am] 766.25(d); see also 50 U.S.C. 4610(h). In indirectly, do any of the following:
BILLING CODE 3510–DS–P addition, section 750.8 of the A. Export or reexport to or on behalf
Regulations states that the Bureau of of the Denied Person any item subject to
Industry and Security’s Office of the Regulations;
DEPARTMENT OF COMMERCE Exporter Services may revoke any B. Take any action that facilitates the
Bureau of Industry and Security (‘‘BIS’’) acquisition or attempted acquisition by
Bureau of Industry and Security licenses previously issued in which the the Denied Person of the ownership,
person had an interest in at the time of possession, or control of any item
Order Denying Export Privileges In the his conviction. subject to the Regulations that has been
Matter of: Sam Rafic Ghanem, 6714 BIS has received notice of Ghanem’s or will be exported from the United
Forsythia Street, Springfield, VA 22150 conviction for violating the AECA, and States, including financing or other
has provided notice and an opportunity support activities related to a
On August 12, 2015, in the U.S.
for Ghanem to make a written transaction whereby the Denied Person
District Court for the District of
submission to BIS, as provided in acquires or attempts to acquire such
Maryland, Sam Rafic Ghanem
section 766.25 of the Regulations. ownership, possession or control;
(‘‘Ghanem’’), was convicted of violating
Ghanem requested an extension of time C. Take any action to acquire from or
section 38 of the Arms Export Control
to make a written submission to BIS, to facilitate the acquisition or attempted
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
which was granted, but BIS did not acquisition from the Denied Person of
Specifically, Ghanem willfully
receive a submission from Ghanem. any item subject to the Regulations that
attempted to export and cause the
Based upon my review and has been exported from the United
exportation of firearms parts and
consultations with BIS’s Office of States;
accessories designated as defense D. Obtain from the Denied Person in
Export Enforcement, including its
articles under Category I of the United the United States any item subject to the
Director, and the facts available to BIS,
States Munitions List from the United Regulations with knowledge or reason
I have decided to deny Ghanem’s export
States to Lebanon without having first to know that the item will be, or is
privileges under the Regulations for a
obtained the required license or intended to be, exported from the
period of 10 years from the date of
authorization from the U.S. Department United States; or
Ghanem’s conviction. I have also
of State, Directorate of Defense Trade E. Engage in any transaction to service
decided to revoke all licenses issued
Controls. Ghanem was sentenced 18 any item subject to the Regulations that
pursuant to the Act or Regulations in
months in prison, three years of has been or will be exported from the
which Ghanem had an interest at the
supervised release, a criminal fine of United States and which is owned,
time of his conviction.
$70,734.24, and a $200 assessment. Accordingly, it is hereby Ordered: possessed or controlled by the Denied
Section 766.25 of the Export First, from the date of this Order until Person, or service any item, of whatever
Administration Regulations (‘‘EAR’’ or August 12, 2025, Sam Rafic Ghanem, origin, that is owned, possessed or
‘‘Regulations’’) 1 provides, in pertinent with a last known address of 6714 controlled by the Denied Person if such
part, that ‘‘[t]he Director of the Office of Forsythia Street, Springfield, VA 22150, service involves the use of any item
Exporter Services, in consultation with and when acting for or on his behalf, his subject to the Regulations that has been
the Director of the Office of Export successors, assigns, employees, agents or will be exported from the United
Enforcement, may deny the export or representatives (the ‘‘Denied States. For purposes of this paragraph,
privileges of any person who has been Person’’), may not, directly or indirectly, servicing means installation,
convicted of a violation of the Export participate in any way in any maintenance, repair, modification or
Administration Act (‘‘EAA’’), the EAR, transaction involving any commodity, testing.
or any order, license or authorization software or technology (hereinafter Third, after notice and opportunity for
issued thereunder; any regulation, collectively referred to as ‘‘item’’) comment as provided in section 766.23
license, or order issued under the exported or to be exported from the of the Regulations, any other person,
International Emergency Economic United States that is subject to the firm, corporation, or business
Powers Act (50 U.S.C. 1701–1706); 18 Regulations, including, but not limited organization related to Ghanem by
U.S.C. 793, 794 or 798; section 4(b) of to: ownership, control, position of
the Internal Security Act of 1950 (50 A. Applying for, obtaining, or using responsibility, affiliation, or other
U.S.C. 783(b)), or section 38 of the Arms any license, License Exception, or connection in the conduct of trade or
Export Control Act (22 U.S.C. 2778).’’ 15 export control document; business may also be made subject to
CFR 766.25(a); see also section 11(h) of B. Carrying on negotiations the provisions of this Order in order to
the EAA, 50 U.S.C. 4610(h). The denial concerning, or ordering, buying, prevent evasion of this Order.
receiving, using, selling, delivering, Fourth, in accordance with part 756 of
1 The Regulations are currently codified in the
storing, disposing of, forwarding, the Regulations, Ghanem may file an
Code of Federal Regulations at 15 CFR parts 730–
774 (2016). The Regulations issued pursuant to the transporting, financing, or otherwise appeal of this Order with the Under
Export Administration Act (50 U.S.C. 4601–4623 servicing in any way, any transaction Secretary of Commerce for Industry and
involving any item exported or to be Security. The appeal must be filed
asabaliauskas on DSK3SPTVN1PROD with NOTICES

(Supp. III 2015) (available at http://uscode.
house.gov)). Since August 21, 2001, the Act has exported from the United States that is within 45 days from the date of this
been in lapse and the President, through Executive
Order 13222 of August 17, 2001 (3 CFR, 2001 subject to the Regulations, or in any Order and must comply with the
Comp. 783 (2002)), which has been extended by other activity subject to the Regulations; provisions of part 756 of the
successive Presidential Notices, the most recent or Regulations.
being that of August 4, 2016 (81 FR 52,587 (Aug. C. Benefitting in any way from any Fifth, a copy of this Order shall be
8, 2016)), has continued the Regulations in effect
under the International Emergency Economic
transaction involving any item exported delivered to the Ghanem. This Order
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. or to be exported from the United States shall be published in the Federal
IV 2010)). that is subject to the Regulations, or in Register.

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17188 Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices

Sixth, this Order is effective 24, 2015, Golden Dragon, the Dragon’s weighted-average dumping
immediately and shall remain in effect respondent in the underlying margin. The revised weighted-average
until August 12, 2025. proceeding, timely filed a complaint dumping margin for Golden Dragon
Issued: March 31, 2017. with the CIT to challenge certain aspects during the period November 1, 2012,
Hillary Hess,
of the Final Results. On July 21, 2016, through October 31, 2013, is as follows:
the CIT remanded the Final Results to
Acting Director, Office of Exporter Services.
the Department to further explain or Weighted-
[FR Doc. 2017–06813 Filed 4–7–17; 8:45 am] reconsider the application of the value- average
Exporter dumping
BILLING CODE P added tax (‘‘VAT’’) adjustment to the margin
export price of Golden Dragon.2 On (%)
February 7, 2017, the Department issued
DEPARTMENT OF COMMERCE its Remand Results, in which the Golden Dragon Precise Copper
Department determined that all of the Tube Group, Inc., Hong Kong
International Trade Administration GD Trading Co., Ltd., and
copper cathode inputs used by Golden
[A–570–964] Dragon in the production of subject Golden Dragon Holding (Hong
Kong) International, Ltd .......... 6.09
merchandise were VAT-exempt.3
Seamless Refined Copper Pipe and On March 22, 2017, the CIT sustained
Tube From the People’s Republic of the Department’s Remand Results, and In the event the CIT’s ruling is not
China: Notice of Court Decision Not in entered final judgment.4 appealed or, if appealed, is upheld by a
Harmony With the Final Results of the final and conclusive court decision, the
Antidumping Duty Administrative Timken Notice Department will instruct the U.S.
Review; 2012–2013 In its decision in Timken Co. v. Customs and Border Protection to assess
United States, 893 F.2d 337 (Fed. Cir. antidumping duties on unliquidated
AGENCY: Enforcement and Compliance, 1990) (‘‘Timken’’), as clarified by entries of subject merchandise based on
International Trade Administration, Diamond Sawblades Mfrs. Coalition v. the revised rate calculated by the
Department of Commerce. United States, 626 F.3d 1374 (Fed. Cir. Department in the Remand Results, and
SUMMARY: On March 22, 2017, the 2010) (‘‘Diamond Sawblades’’), the listed above.
United States Court of International Court of Appeals for the Federal Circuit
Trade (‘‘CIT’’) issued its final judgment Cash Deposit Requirements
held that, pursuant to section 516A(e) of
in litigation pursuant to the third the Tariff Act of 1930, as amended (‘‘the Because there have been subsequent
antidumping duty administrative review Act’’), the Department must publish a administrative reviews for Golden
of seamless refined copper pipe and notice of a court decision that is not ‘‘in Dragon, the cash deposit rate will
tube from the People’s Republic of harmony’’ with a Department remain the rate published in the 2013–
China, sustaining the final results of determination, and must suspend 2014 Final Results, which is 0.00
remand redetermination pursuant to liquidation of entries pending a percent.5
court order by the Department of ‘‘conclusive’’ court decision. The CIT’s This notice is issued and published in
Commerce (‘‘the Department’’). The March 22, 2017, judgment sustaining accordance with sections 516A(e)(1),
Department is notifying the public that the Department’s Remand Results 751(a)(1) and 777(i)(1) of the Act.
the final judgment in this case is not in constitutes a final decision of that court
Dated: April 4, 2017.
harmony with the Department’s final that is not in harmony with the
results of the antidumping Ronald K. Lorentzen,
Department’s Final Results. This notice
administrative review, and the is published in fulfillment of the Acting Assistant Secretary for Enforcement
Department is amending those final and Compliance.
publication requirements of Timken.
results with respect to the weighted- Accordingly, the Department will [FR Doc. 2017–07105 Filed 4–7–17; 8:45 am]
average dumping margin assigned to continue the suspension of liquidation BILLING CODE 3510–DS–P
Golden Dragon Precise Copper Tube of the subject merchandise pending the
Group, Inc., Hong Kong GD Trading Co., expiration of the period of appeal, or if
Ltd., and Golden Dragon Holding (Hong appealed, pending a final and DEPARTMENT OF COMMERCE
Kong) International, Ltd. (collectively, conclusive court decision. International Trade Administration
‘‘Golden Dragon’’).
Amended Final Results
DATES: Effective Date: April 3, 2017. Initiation of Antidumping and
Because there is now a final court Countervailing Duty Administrative
FOR FURTHER INFORMATION CONTACT:
decision, the Department is amending Reviews
Maisha Cryor, AD/CVD Operations,
its Final Results with respect to Golden
Office IV, Enforcement and
Compliance—International Trade AGENCY: Enforcement and Compliance,
2 See Golden Dragon Precise Copper Tube Group,
Administration, U.S. Department of International Trade Administration,
Inc., Hong Kong GD Trading Co., Ltd., Golden
Commerce, 1401 Constitution Avenue Dragon Holding (Hong Kong) International, Ltd.,
Department of Commerce.
NW., Washington, DC 20230; telephone and GD Copper (U.S.A.) Inc., v. United States, Slip SUMMARY: The Department of Commerce
Op. 16–73, Court No. 15–00177 (CIT 2016) . (‘‘the Department’’) has received
(202) 482–2769. 3 See Final Results of Redetermination Pursuant
SUPPLEMENTARY INFORMATION: to Court Order, Golden Dragon Precise Copper Tube
requests to conduct administrative
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Group, Inc., Hong Kong GD Trading Co., Ltd., reviews of various antidumping and
Background Golden Dragon Holding (Hong Kong) International, countervailing duty orders and findings
Ltd., and GD Copper (U.S.A.) Inc., v. United States, with February anniversary dates. In
On June 15, 2015, the Department Consol. Court No. 15–00177 (February 7, 2017)
published the Final Results.1 On June (‘‘Remand Results’’).
accordance with the Department’s
4 See Golden Dragon Precise Copper Tube Group,
1 See Seamless Refined Copper Pipe and Tube Inc., Hong Kong GD Trading Co., Ltd., Golden 5 See Seamless Refined Copper Pipe and Tube

from the People’s Republic of China: Final Results Dragon Holding (Hong Kong) International, Ltd., from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2012– and GD Copper (U.S.A.) Inc., v. United States, Slip of Antidumping Duty Administrative Review; 2013–
2013, 80 FR 32087 (June 5, 2015) (‘‘Final Results’’). Op. 17–29, Court No. 15–00177 (CIT 2017) . 2014, 81 FR 39893, 39894 (June 20, 2016).

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Document Created: 2017-04-08 03:31:06
Document Modified: 2017-04-08 03:31:06

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 17187

82 FR 17187 - Order Denying Export Privileges In the Matter of: Sam Rafic Ghanem, 6714 Forsythia Street, Springfield, VA 22150

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 67 (April 10, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security