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)

[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)).
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    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]
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