82 FR 39103 - In the Matter of: David L. Maricola, Inmate Number: 96672-038, FCI Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 82, Issue 158 (August 17, 2017)
Bureau of Industry and Security
Federal Register Volume 82, Issue 158 (August 17, 2017)
| Page Range | 39103-39104 | |
| FR Document | 2017-17371 |
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)] [Notices] [Pages 39103-39104] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17371] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: David L. Maricola, Inmate Number: 96672-038, FCI Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640 Order Denying Export Privileges On August 24, 2016, in the U.S. District Court for the District of Massachusetts, David L. Maricola (``Maricola'') was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Maricola was convicted of, among other things, 19 counts of knowingly and willfully exporting and attempting to export from the United States to various countries defense articles designated on the United States Munitions List, namely, firearm parts, without the required U.S. Department of State licenses. Maricola was sentenced to 33 months in prison, three years of supervised release, and a $3,200 assessment. Section 766.25 of the Export Administration Regulations (``EAR'' or ``Regulations'') \1\ provides, in pertinent [[Page 39104]] 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 EAA [Export Administration Act], 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 pursuant to the Export Administration Act (``EAA'' or ``the Act'') or the Regulations in which the person had an interest at the time of his conviction. --------------------------------------------------------------------------- \1\ The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730-774 (2017). The Regulations issued pursuant to the Export Administration Act (50 U.S.C. 4601- 4623 (Supp. III 2015) (available at http://uscode.house.gov)) (``EAA'' or ``the Act''. 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 Maricola's conviction for violating the AECA, and has provided notice and an opportunity for Maricola to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Maricola. 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 Maricola's export privileges under the Regulations for a period of 10 years from the date of Maricola's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Maricola had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until August 24, 2026, David L. Maricola, with a last known address of Inmate Number: 96672-038, FCI Fort Dix, 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 engaging 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 from 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 Maricola 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, Maricola 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 Maricola and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until August 24, 2026. Issued: August 10, 2017. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2017-17371 Filed 8-16-17; 8:45 am] BILLING CODE P
![39103
Notices Federal Register
Vol. 82, No. 158
Thursday, August 17, 2017
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: docketed on May 16, 2017, requesting
contains documents other than rules or Sharon Lathrop, 816–891–0415 or expanded subzone status for the
proposed rules that are applicable to the FGIS.QACD@usda.gov. facilities of Conair Corporation (Conair),
public. Notices of hearings and investigations, Subzone 75A, located in Glendale,
SUPPLEMENTARY INFORMATION: In the May
committee meetings, agency decisions and Arizona (82 FR 25239, June 1, 2017).
rulings, delegations of authority, filing of 22, 2017, Federal Register (82 FR
petitions and applications and agency 23175), GIPSA asked persons interested The City of Phoenix subsequently
statements of organization and functions are in providing official services in the requested and obtained approval for the
examples of documents appearing in this South Carolina Area to submit an expanded subzone status for Conair
section. application for designation. under the alternative site framework. As
There were two applicants for the a result, the City of Phoenix has
South Carolina Area, comprised of the withdrawn the initial application
DEPARTMENT OF AGRICULTURE entire State of South Carolina, except requesting expanded subzone status. For
those export port locations which are further information, contact Christopher
Grain Inspection, Packers and serviced by SCDA, which was open for Kemp at Christopher.Kemp@trade.gov
Stockyards Administration designation: SCDA applied for the entire or (202) 482–0862.
Opportunity To Comment on the area currently assigned to them. Schaal Dated: August 11, 2017.
Applicants for the South Carolina Area applied for the entire State or the Andrew McGilvray,
Consisting of the Entire State of South following nine counties within the State Executive Secretary.
Carolina, Except Those Export Port of South Carolina: Allendale, Bamberg, [FR Doc. 2017–17363 Filed 8–16–17; 8:45 am]
Locations Within the State, Which Are Barnwell, Beaufort, Charleston,
BILLING CODE P3510–DS–P
Serviced by the South Carolina Colleton, Georgetown, Hampton, and
Department of Agriculture Jasper.
Request for Comments DEPARTMENT OF COMMERCE
AGENCY: Grain Inspection, Packers and
Stockyards Administration (GIPSA), GIPSA is publishing this notice to Bureau of Industry and Security
USDA. provide interested persons the
ACTION: Notice and request for opportunity to present comments In the Matter of: David L. Maricola,
comments. concerning the applicants. Commenters Inmate Number: 96672–038, FCI Fort
are encouraged to submit reasons and Dix, P.O. Box 2000, Joint Base MDL, NJ
SUMMARY: GIPSA requests comments on pertinent data for support or objection 08640
the applicants for designation to provide to the designation of the applicants. All
official services in the South Carolina comments must be submitted to QACD Order Denying Export Privileges
Area that was open for designation. at the above address or at http:// On August 24, 2016, in the U.S.
South Carolina Department of www.regulations.gov. GIPSA will District Court for the District of
Agriculture (SCDA) applied for the consider all comments received timely Massachusetts, David L. Maricola
entire State of South Carolina. D.R. along with other available information (‘‘Maricola’’) was convicted of violating
Schaal Agency, Inc. (Schaal) applied for when making a final decision. GIPSA Section 38 of the Arms Export Control
all or part of the State of South Carolina. will then publish a notice of the final Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
DATES: GIPSA will consider comments decision in the Federal Register, and Specifically, Maricola was convicted of,
received by September 18, 2017. GIPSA will send the applicants written among other things, 19 counts of
ADDRESSES: We invite you to submit notification of the decision. knowingly and willfully exporting and
comments on these applicants. You may Authority: 7 U.S.C. 71–87k.
attempting to export from the United
submit comments by any of the States to various countries defense
following methods: Randall D. Jones, articles designated on the United States
• Mail, Courier or Hand Delivery: Acting Administrator, Grain Inspection, Munitions List, namely, firearm parts,
Sharon Lathrop, Compliance Officer, Packers and Stockyards Administration. without the required U.S. Department of
USDA, GIPSA, FGIS, QACD, 10383 [FR Doc. 2017–17358 Filed 8–16–17; 8:45 am] State licenses. Maricola was sentenced
North Ambassador Drive, Kansas City, BILLING CODE P3410–KD–P to 33 months in prison, three years of
MO 64153. supervised release, and a $3,200
• Fax: Sharon Lathrop, 816–872– assessment.
1257. DEPARTMENT OF COMMERCE Section 766.25 of the Export
• Email: FGIS.QACD@usda.gov. Administration Regulations (‘‘EAR’’ or
• Submit Comments Using the Foreign-Trade Zones Board ‘‘Regulations’’) 1 provides, in pertinent
Internet: Go to http://
[S–77–2017] 1 The Regulations are currently codified in the
sradovich on DSK3GMQ082PROD with NOTICES
www.regulations.gov. Instructions for
Code of Federal Regulations at 15 CFR parts 730–
submitting and reading comments are Foreign-Trade Zone 75—Phoenix, 774 (2017). The Regulations issued pursuant to the
detailed on the site. Arizona; Withdrawal of Application for Export Administration Act (50 U.S.C. 4601–4623
Read Applications and Comments: Subzone Expansion; Conair (Supp. III 2015) (available at http://
All applications and comments will be uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’. Since
Corporation, Glendale, Arizona August 21, 2001, the Act has been in lapse and the
available for public inspection at the President, through Executive Order 13222 of August
office above during regular business The City of Phoenix, Arizona, grantee 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
hours (7 CFR 1.27(c)). of FTZ 75, submitted an application, Continued
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![39104 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices
part, that ‘‘[t]he Director of the Office of transaction involving any commodity, maintenance, repair, modification or
Exporter Services, in consultation with software or technology (hereinafter testing.
the Director of the Office of Export collectively referred to as ‘‘item’’) Third, after notice and opportunity for
Enforcement, may deny the export exported or to be exported from the comment as provided in Section 766.23
privileges of any person who has been United States that is subject to the of the Regulations, any other person,
convicted of a violation of the EAA Regulations, including, but not limited firm, corporation, or business
[Export Administration Act], the EAR, to: organization related to Maricola by
or any order, license, or authorization A. Applying for, obtaining, or using ownership, control, position of
issued thereunder; any regulation, any license, license exception, or export responsibility, affiliation, or other
license or order issued under the control document; connection in the conduct of trade or
International Emergency Economic B. Carrying on negotiations business may also be made subject to
Powers Act (50 U.S.C. 1701–1706); 18 concerning, or ordering, buying, the provisions of this Order in order to
U.S.C. 793, 794 or 798; section 4(b) of receiving, using, selling, delivering, prevent evasion of this Order.
the Internal Security Act of 1950 (50 storing, disposing of, forwarding, Fourth, in accordance with Part 756 of
U.S.C. 783(b)); or section 38 of the Arms transporting, financing, or otherwise the Regulations, Maricola may file an
Export Control Act (22 U.S.C. 2778).’’ 15 servicing in any way, any transaction appeal of this Order with the Under
CFR 766.25(a); see also Section 11(h) of involving any item exported or to be Secretary of Commerce for Industry and
the EAA, 50 U.S.C. 4610(h). The denial exported from the United States that is Security. The appeal must be filed
of export privileges under this provision subject to the Regulations, or engaging within 45 days from the date of this
may be for a period of up to 10 years in any other activity subject to the Order and must comply with the
from the date of the conviction. 15 CFR Regulations; or provisions of Part 756 of the
766.25(d); see also 50 U.S.C. 4610(h). In C. Benefitting in any way from any Regulations.
addition, Section 750.8 of the transaction involving any item exported Fifth, a copy of this Order shall be
Regulations states that the Bureau of or to be exported from the United States delivered to Maricola and shall be
Industry and Security’s Office of that is subject to the Regulations, or published in the Federal Register.
Exporter Services may revoke any from any other activity subject to the Sixth, this Order is effective
Bureau of Industry and Security (‘‘BIS’’) Regulations. immediately and shall remain in effect
licenses previously issued pursuant to Second, no person may, directly or until August 24, 2026.
the Export Administration Act (‘‘EAA’’ indirectly, do any of the following: Issued: August 10, 2017.
or ‘‘the Act’’) or the Regulations in A. Export or reexport to or on behalf Karen H. Nies-Vogel,
which the person had an interest at the of the Denied Person any item subject to
time of his conviction. Director, Office of Exporter Services.
the Regulations; [FR Doc. 2017–17371 Filed 8–16–17; 8:45 am]
BIS has received notice of Maricola’s
B. Take any action that facilitates the
conviction for violating the AECA, and BILLING CODE P
acquisition or attempted acquisition by
has provided notice and an opportunity
for Maricola to make a written the Denied Person of the ownership,
submission to BIS, as provided in possession or control of any item subject DEPARTMENT OF COMMERCE
Section 766.25 of the Regulations. BIS to the Regulations that has been or will
has not received a submission from be exported from the United States, Bureau of Industry and Security
Maricola. including financing or other support
activities related to a transaction In the Matter of: Alexandre Dos Anjos
Based upon my review and
whereby the Denied Person acquires or Oliveira, Inmate Number: 05753–104,
consultations with BIS’s Office of
attempts to acquire such ownership, McRae Federal Correctional Institution,
Export Enforcement, including its
possession or control; P.O. Drawer 55030, McRae Helena, GA
Director, and the facts available to BIS,
C. Take any action to acquire from or 31055; Order Denying Export
I have decided to deny Maricola’s
export privileges under the Regulations to facilitate the acquisition or attempted Privileges
for a period of 10 years from the date of acquisition from the Denied Person of On April 9, 2015, in the U.S. District
Maricola’s conviction. I have also any item subject to the Regulations that Court for the Southern District of
decided to revoke all licenses issued has been exported from the United Florida, Alexandre Dos Anjos Oliveira
pursuant to the Act or Regulations in States; (‘‘Oliveira’’) was convicted of violating
which Maricola had an interest at the D. Obtain from the Denied Person in Section 38 of the Arms Export Control
time of his conviction. the United States any item subject to the Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Accordingly, it is hereby ordered: Regulations with knowledge or reason Specifically, Oliveira was convicted of
First, from the date of this Order until to know that the item will be, or is knowingly and willfully attempting to
August 24, 2026, David L. Maricola, intended to be, exported from the export from the United States to Brazil
with a last known address of Inmate United States; or firearm barrels, cylinders, receivers,
Number: 96672–038, FCI Fort Dix, P.O. E. Engage in any transaction to service components, parts, and accessories
Box 2000, Joint Base MDL, NJ 08640, any item subject to the Regulations that designated as defense articles on the
and when acting for or on his behalf, his has been or will be exported from the United States Munitions List, without
successors, assigns, employees, agents United States and which is owned, the required State Department licenses.
or representatives (the ‘‘Denied possessed or controlled by the Denied Oliveira was sentenced to 38 months in
Person, or service any item, of whatever
sradovich on DSK3GMQ082PROD with NOTICES
Person’’), may not, directly or indirectly, prison, one year of supervised release,
participate in any way in any origin, that is owned, possessed or and a $100 assessment.
controlled by the Denied Person if such Section 766.25 of the Export
has been extended by successive Presidential service involves the use of any item Administration Regulations (‘‘EAR’’ or
Notices, the most recent being that of August 4, subject to the Regulations that has been
2016 (81 FR 52,587 (Aug. 8, 2016)), has continued ‘‘Regulations’’) 1 provides, in pertinent
the Regulations in effect under the International
or will be exported from the United
Emergency Economic Powers Act (50 U.S.C. 1701, States. For purposes of this paragraph, 1 The Regulations are currently codified in the
et seq. (2012)). servicing means installation, Code of Federal Regulations at 15 CFR parts 730–
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Document Created: 2017-08-17 01:42:32
Document Modified: 2017-08-17 01:42:32
| 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 39103 |
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