82 FR 39104 - In the Matter of: Alexandre Dos Anjos Oliveira, Inmate Number: 05753-104, McRae Federal Correctional Institution, P.O. Drawer 55030, McRae Helena, GA 31055; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 158 (August 17, 2017)

Page Range		39104-39105
FR Document		2017-17368

Federal Register, Volume 82 Issue 158 (Thursday, August 17, 2017)

[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Notices]
[Pages 39104-39105]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17368]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Alexandre Dos Anjos Oliveira, Inmate Number: 
05753-104, McRae Federal Correctional Institution, P.O. Drawer 55030, 
McRae Helena, GA 31055; Order Denying Export Privileges

    On April 9, 2015, in the U.S. District Court for the Southern 
District of Florida, Alexandre Dos Anjos Oliveira (``Oliveira'') was 
convicted of violating Section 38 of the Arms Export Control Act (22 
U.S.C. 2778 (2012)) (``AECA''). Specifically, Oliveira was convicted of 
knowingly and willfully attempting to export from the United States to 
Brazil firearm barrels, cylinders, receivers, components, parts, and 
accessories designated as defense articles on the United States 
Munitions List, without the required State Department licenses. 
Oliveira was sentenced to 38 months in prison, one year of supervised 
release, and a $100 assessment.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent

[[Page 39105]]

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.
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    \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 Oliveira's conviction for violating 
Section 38 of the AECA, and has provided notice and an opportunity for 
Oliveira to make a written submission to BIS, as provided in Section 
766.25 of the Regulations. BIS has not received a submission from 
Oliveira.
    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 Oliveira's export privileges under the Regulations 
for a period of five (5) years from the date of Oliveira's conviction. 
I also have decided to revoke all licenses issued pursuant to the Act 
or Regulations in which Oliveira had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until April 9, 2020, Alexandre 
Dos Anjos Oliveira, with a last known address of Inmate Number: 05753-
104, McRae Federal Correctional Institution, P.O. Drawer 55030, McRae 
Helena, GA 31055, 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 Oliveira 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, Oliveira 
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 Oliveira, and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until April 9, 2020.

    Issued: August 10, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-17368 Filed 8-16-17; 8:45 am]
BILLING CODE P

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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Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices 39105

part, that ‘‘[t]he Director of the Office of Federal Correctional Institution, P.O. firm, corporation, or business
Exporter Services, in consultation with Drawer 55030, McRae Helena, GA organization related to Oliveira by
the Director of the Office of Export 31055, and when acting for or on his ownership, control, position of
Enforcement, may deny the export behalf, his successors, assigns, responsibility, affiliation, or other
privileges of any person who has been employees, agents or representatives connection in the conduct of trade or
convicted of a violation of the EAA (the ‘‘Denied Person’’), may not, directly business may also be made subject to
[Export Administration Act], the EAR, or indirectly, participate in any way in the provisions of this Order in order to
or any order, license, or authorization any transaction involving any prevent evasion of this Order.
issued thereunder; any regulation, commodity, software or technology Fourth, in accordance with Part 756 of
license or order issued under the (hereinafter collectively referred to as the Regulations, Oliveira may file an
International Emergency Economic ‘‘item’’) exported or to be exported from appeal of this Order with the Under
Powers Act (50 U.S.C. 1701–1706); 18 the United States that is subject to the Secretary of Commerce for Industry and
U.S.C. 793, 794 or 798; section 4(b) of Regulations, including, but not limited Security. The appeal must be filed
the Internal Security Act of 1950 (50 to: within 45 days from the date of this
U.S.C. 783(b)); or section 38 of the Arms Order and must comply with the
A. Applying for, obtaining, or using any
Export Control Act (22 U.S.C. 2778).’’ 15 license, license exception, or export control
provisions of Part 756 of the
CFR 766.25(a); see also Section 11(h) of document; Regulations.
the EAA, 50 U.S.C. 4610(h). The denial B. Carrying on negotiations concerning, or Fifth, a copy of this Order shall be
of export privileges under this provision ordering, buying, receiving, using, selling, delivered to Oliveira, and shall be
may be for a period of up to 10 years delivering, storing, disposing of, forwarding, published in the Federal Register.
from the date of the conviction. 15 CFR transporting, financing, or otherwise Sixth, this Order is effective
766.25(d); see also 50 U.S.C. 4610(h). In servicing in any way, any transaction immediately and shall remain in effect
addition, Section 750.8 of the
involving any item exported or to be until April 9, 2020.
exported from the United States that is
Regulations states that the Bureau of Issued: August 10, 2017.
subject to the Regulations, or engaging in any
Industry and Security’s Office of other activity subject to the Regulations; or Karen H. Nies-Vogel,
Exporter Services may revoke any C. Benefitting in any way from any Director, Office of Exporter Services.
Bureau of Industry and Security (‘‘BIS’’) transaction involving any item exported or to [FR Doc. 2017–17368 Filed 8–16–17; 8:45 am]
licenses previously issued pursuant to be exported from the United States that is BILLING CODE P
the Export Administration Act (‘‘EAA’’ subject to the Regulations, or from any other
or ‘‘the Act’’) or the Regulations in activity subject to the Regulations.
which the person had an interest at the Second, no person may, directly or DEPARTMENT OF COMMERCE
time of his conviction. indirectly, do any of the following:
BIS has received notice of Oliveira’s Bureau of Industry and Security
A. Export or reexport to or on behalf of the
conviction for violating Section 38 of Denied Person any item subject to the
the AECA, and has provided notice and In the Matter of: Mansour Moghtaderi
Regulations;
an opportunity for Oliveira to make a Zadeh, a/k/a Mansour Zadeh, a/k/a Mita
B. Take any action that facilitates the
written submission to BIS, as provided acquisition or attempted acquisition by the
Zarek, a/k/a Mita Zadeh currently
in Section 766.25 of the Regulations. Denied Person of the ownership, possession incarcerated at: Inmate Number:
BIS has not received a submission from or control of any item subject to the 43594–013, Rivers Correctional
Oliveira. Regulations that has been or will be exported Institution, P.O. Box 630, Winton, NC
Based upon my review and from the United States, including financing 27986, and with prior known addresses
consultations with BIS’s Office of or other support activities related to a at: 16 Kyraikou Matsi Ave., 3rd Floor,
transaction whereby the Denied Person 1082 Nicosia, Cyprus, and Strovolou
Export Enforcement, including its acquires or attempts to acquire such
Director, and the facts available to BIS, 77, Strovolos Center Suite 202,
ownership, possession or control; Strovolos P.C. 2018, Nicosia, Cyprus
I have decided to deny Oliveira’s export C. Take any action to acquire from or to
privileges under the Regulations for a and P.O. Box 23973, 1687 Nicosia,
facilitate the acquisition or attempted
period of five (5) years from the date of acquisition from the Denied Person of any
Cyprus
Oliveira’s conviction. I also have item subject to the Regulations that has been Order Denying Export Privileges
decided to revoke all licenses issued exported from the United States;
D. Obtain from the Denied Person in the On December 14, 2016, in the U.S.
pursuant to the Act or Regulations in
United States any item subject to the District Court for the District of
which Oliveira had an interest at the
Regulations with knowledge or reason to Columbia, Mansour Moghtaderi Zadeh,
time of his conviction.
Accordingly, it is hereby ordered:
know that the item will be, or is intended to a/k/a Mansour Zadeh, a/k/a Mita Zarek,
be, exported from the United States; or a/k/a Mita Zadeh (‘‘Zadeh’’), was
First, from the date of this Order until E. Engage in any transaction to service any
April 9, 2020, Alexandre Dos Anjos convicted of violating the International
item subject to the Regulations that has been Emergency Economic Powers Act (50
Oliveira, with a last known address of or will be exported from the United States
Inmate Number: 05753–104, McRae U.S.C. 1701, et seq. (2012)) (‘‘IEEPA’’).
and which is owned, possessed or controlled
by the Denied Person, or service any item, of Specifically, Zadeh was convicted of
774 (2017). The Regulations issued pursuant to the whatever origin, that is owned, possessed or knowingly and willfully conspiring to
Export Administration Act (50 U.S.C. 4601–4623 controlled by the Denied Person if such export and cause the export of goods
(Supp. III 2015) (available at http:// service involves the use of any item subject from the United States to Iran without
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since the required U.S. Government
sradovich on DSK3GMQ082PROD with NOTICES

to the Regulations that has been or will be
August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
exported from the United States. For authorization. The goods involved
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which purposes of this paragraph, servicing means included aviation course indicators,
has been extended by successive Presidential installation, maintenance, repair, aerospace metal sheets and rods,
Notices, the most recent being that of August 4, modification or testing. specialty paints and adhesives, and a
2016 (81 FR 52,587 (Aug. 8, 2016)), has continued
the Regulations in effect under the International
Third, after notice and opportunity for fiber optic video transmitter and
Emergency Economic Powers Act (50 U.S.C. 1701, comment as provided in Section 766.23 receiver. Zadeh’s unlawful conduct
et seq. (2012)). of the Regulations, any other person, included violating an underlying

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Document Created: 2017-08-17 01:42:45
Document Modified: 2017-08-17 01:42:45

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 39104

82 FR 39104 - In the Matter of: Alexandre Dos Anjos Oliveira, Inmate Number: 05753-104, McRae Federal Correctional Institution, P.O. Drawer 55030, McRae Helena, GA 31055; Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 158 (August 17, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security