82 FR 39107 - In the Matter of: Yasser Ahmad Obeid, Inmate Number: 60923-018, FCI Yazoo City Medium, Federal Correctional Institution, P.O. Box 5888, Yazoo City, MS 39194
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 | 39107-39108 | |
| FR Document | 2017-17375 |
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)] [Notices] [Pages 39107-39108] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17375] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Yasser Ahmad Obeid, Inmate Number: 60923-018, FCI Yazoo City Medium, Federal Correctional Institution, P.O. Box 5888, Yazoo City, MS 39194 Order Denying Export Privileges On December 17, 2014, in the U.S. District Court for the Middle District of Florida, Tampa Division, Yasser Ahmad Obeid (``Obeid'') was convicted of [[Page 39108]] violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Obeid was convicted of knowingly and willfully attempting to export and attempting to cause to be exported firearms designated as a defense article on the United States Munition List, without the required U.S. Department of State license. Obeid was sentenced to 51 months in prison, three years of supervised release, and a $300 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 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 Obeid's conviction for violating Section 38 of the AECA, and has provided notice and an opportunity for Obeid to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Obeid. 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 Obeid's export privileges under the Regulations for a period of 10 years from the date of Obeid's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Obeid had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until December 17, 2024, Yasser Ahmad Obeid, with a last known address of Inmate Number: 60923-018, FCI Yazoo City Medium, Federal Correctional Institution, P.O. Box 5888, Yazoo City, MS 39194, 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 Obeid 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, Obeid 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 Obeid, and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until December 17, 2024. Issued: August 10, 2017. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2017-17375 Filed 8-16-17; 8:45 am] BILLING CODE P
![Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices 39107
the export from the United States to the Director, and the facts available to BIS, D. Obtain from the Denied Person in
People’s Republic of China of defense I have decided to deny Wenxia Man’s the United States any item subject to the
articles designated on the United States export privileges under the Regulations Regulations with knowledge or reason
Munitions List, namely, fighter jet for a period of 10 years from the date of to know that the item will be, or is
engines and an unmanned aerial Wenxia Man’s conviction. I have also intended to be, exported from the
vehicle, without the required U.S. decided to revoke all licenses issued United States; or
Department of State licenses. Wenxia pursuant to the Act or Regulations in E. Engage in any transaction to service
Man was sentenced to 50 months in which Wenxia Man had an interest at any item subject to the Regulations that
prison, two years of supervised release, the time of her conviction. has been or will be exported from the
and a $100 assessment. Accordingly, it is hereby ordered: United States and which is owned,
Section 766.25 of the Export First, from the date of this Order until possessed or controlled by the Denied
Administration Regulations (‘‘EAR’’ or August 19, 2026, Wenxia Man, a/k/a Person, or service any item, of whatever
‘‘Regulations’’) 1 provides, in pertinent Wency Man, with a last known address origin, that is owned, possessed or
part, that ‘‘[t]he Director of the Office of of Inmate Number: 50772–298, FCI controlled by the Denied Person if such
Exporter Services, in consultation with Dublin, 5701 8th Street—Camp Parks, service involves the use of any item
the Director of the Office of Export Dublin, CA 94568, and when acting for subject to the Regulations that has been
Enforcement, may deny the export or on her behalf, her successors, assigns, or will be exported from the United
privileges of any person who has been employees, agents or representatives States. For purposes of this paragraph,
convicted of a violation of the EAA (the ‘‘Denied Person’’), may not, directly servicing means installation,
[Export Administration Act], the EAR, or indirectly, participate in any way in maintenance, repair, modification or
or any order, license, or authorization any transaction involving any testing.
issued thereunder; any regulation, commodity, software or technology Third, after notice and opportunity for
license or order issued under the (hereinafter collectively referred to as comment as provided in Section 766.23
International Emergency Economic ‘‘item’’) exported or to be exported from of the Regulations, any other person,
Powers Act (50 U.S.C. 1701–1706); 18 the United States that is subject to the firm, corporation, or business
U.S.C. 793, 794 or 798; section 4(b) of Regulations, including, but not limited organization related to Wenxia Man by
the Internal Security Act of 1950 (50 to: ownership, control, position of
U.S.C. 783(b)); or section 38 of the Arms A. Applying for, obtaining, or using responsibility, affiliation, or other
Export Control Act (22 U.S.C. 2778).’’ 15 any license, license exception, or export connection in the conduct of trade or
CFR 766.25(a); see also Section 11(h) of control document; business may also be made subject to
the EAA, 50 U.S.C. 4610(h). The denial B. Carrying on negotiations the provisions of this Order in order to
of export privileges under this provision concerning, or ordering, buying, prevent evasion of this Order.
may be for a period of up to 10 years receiving, using, selling, delivering, Fourth, in accordance with Part 756 of
from the date of the conviction. 15 CFR storing, disposing of, forwarding, the Regulations, Wenxia Man may file
766.25(d); see also 50 U.S.C. 4610(h). In transporting, financing, or otherwise an appeal of this Order with the Under
addition, Section 750.8 of the servicing in any way, any transaction Secretary of Commerce for Industry and
Regulations states that the Bureau of involving any item exported or to be Security. The appeal must be filed
Industry and Security’s Office of exported from the United States that is within 45 days from the date of this
Exporter Services may revoke any subject to the Regulations, or engaging Order and must comply with the
Bureau of Industry and Security (‘‘BIS’’) in any other activity subject to the provisions of Part 756 of the
licenses previously issued pursuant to Regulations; or Regulations.
the Export Administration Act (‘‘EAA’’ C. Benefitting in any way from any Fifth, a copy of this Order shall be
or ‘‘the Act’’) or the Regulations in transaction involving any item exported delivered to Wenxia Man and shall be
which the person had an interest at the or to be exported from the United States published in the Federal Register.
time of her conviction. that is subject to the Regulations, or Sixth, this Order is effective
BIS has received notice of Wenxia from any other activity subject to the immediately and shall remain in effect
Man’s conviction for violating the Regulations. until August 19, 2026.
AECA, and has provided notice and an Second, no person may, directly or Issued: August 10, 2017.
opportunity for Wenxia Man to make a indirectly, do any of the following: Karen H. Nies-Vogel,
written submission to BIS, as provided A. Export or reexport to or on behalf Director, Office of Exporter Services.
in Section 766.25 of the Regulations. of the Denied Person any item subject to
[FR Doc. 2017–17372 Filed 8–16–17; 8:45 am]
BIS has not received a submission from the Regulations;
BILLING CODE P
Wenxia Man. B. Take any action that facilitates the
Based upon my review and acquisition or attempted acquisition by
consultations with BIS’s Office of the Denied Person of the ownership,
DEPARTMENT OF COMMERCE
Export Enforcement, including its possession or control of any item subject
to the Regulations that has been or will Bureau of Industry and Security
1 The Regulations are currently codified in the be exported from the United States,
Code of Federal Regulations at 15 CFR parts 730– including financing or other support In the Matter of: Yasser Ahmad Obeid,
774 (2017). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. 4601–4623 activities related to a transaction Inmate Number: 60923–018, FCI Yazoo
(Supp. III 2015) (available at http:// whereby the Denied Person acquires or City Medium, Federal Correctional
sradovich on DSK3GMQ082PROD with NOTICES
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since attempts to acquire such ownership, Institution, P.O. Box 5888, Yazoo City,
August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
possession or control; MS 39194
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which C. Take any action to acquire from or
has been extended by successive Presidential to facilitate the acquisition or attempted Order Denying Export Privileges
Notices, the most recent being that of August 4, acquisition from the Denied Person of On December 17, 2014, in the U.S.
2016 (81 FR 52,587 (Aug. 8, 2016)), has continued
the Regulations in effect under the International
any item subject to the Regulations that District Court for the Middle District of
Emergency Economic Powers Act (50 U.S.C. 1701, has been exported from the United Florida, Tampa Division, Yasser Ahmad
et seq. (2012)). States; Obeid (‘‘Obeid’’) was convicted of
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![39108 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices
violating Section 38 of the Arms Export Based upon my review and acquisition from the Denied Person of
Control Act (22 U.S.C. 2778 (2012)) consultations with BIS’s Office of any item subject to the Regulations that
(‘‘AECA’’). Specifically, Obeid was Export Enforcement, including its has been exported from the United
convicted of knowingly and willfully Director, and the facts available to BIS, States;
attempting to export and attempting to I have decided to deny Obeid’s export
D. Obtain from the Denied Person in
cause to be exported firearms designated privileges under the Regulations for a
the United States any item subject to the
as a defense article on the United States period of 10 years from the date of
Obeid’s conviction. I have also decided Regulations with knowledge or reason
Munition List, without the required U.S.
to revoke all licenses issued pursuant to to know that the item will be, or is
Department of State license. Obeid was
sentenced to 51 months in prison, three the Act or Regulations in which Obeid intended to be, exported from the
years of supervised release, and a $300 had an interest at the time of his United States; or
assessment. conviction. E. Engage in any transaction to service
Section 766.25 of the Export Accordingly, it is hereby ordered: any item subject to the Regulations that
Administration Regulations (‘‘EAR’’ or First, from the date of this Order until has been or will be exported from the
‘‘Regulations’’) 1 provides, in pertinent December 17, 2024, Yasser Ahmad United States and which is owned,
part, that ‘‘[t]he Director of the Office of Obeid, with a last known address of possessed or controlled by the Denied
Exporter Services, in consultation with Inmate Number: 60923–018, FCI Yazoo Person, or service any item, of whatever
the Director of the Office of Export City Medium, Federal Correctional origin, that is owned, possessed or
Enforcement, may deny the export Institution, P.O. Box 5888, Yazoo City,
controlled by the Denied Person if such
privileges of any person who has been MS 39194, and when acting for or on his
service involves the use of any item
convicted of a violation of the EAA behalf, his successors, assigns,
subject to the Regulations that has been
[Export Administration Act], the EAR, employees, agents or representatives
(‘‘the Denied Person’’), may not, directly or will be exported from the United
or any order, license, or authorization States. For purposes of this paragraph,
issued thereunder; any regulation, or indirectly, participate in any way in
any transaction involving any servicing means installation,
license or order issued under the
commodity, software or technology maintenance, repair, modification or
International Emergency Economic
(hereinafter collectively referred to as testing.
Powers Act (50 U.S.C. 1701–1706); 18
U.S.C. 793, 794 or 798; section 4(b) of ‘‘item’’) exported or to be exported from Third, after notice and opportunity for
the Internal Security Act of 1950 (50 the United States that is subject to the comment as provided in Section 766.23
U.S.C. 783(b)); or section 38 of the Arms Regulations, including, but not limited of the Regulations, any other person,
Export Control Act (22 U.S.C. 2778).’’ 15 to: firm, corporation, or business
CFR 766.25(a); see also Section 11(h) of A. Applying for, obtaining, or using organization related to Obeid by
the EAA, 50 U.S.C. 4610(h). The denial any license, license exception, or export ownership, control, position of
of export privileges under this provision control document; responsibility, affiliation, or other
may be for a period of up to 10 years B. Carrying on negotiations
connection in the conduct of trade or
from the date of the conviction. 15 CFR concerning, or ordering, buying,
receiving, using, selling, delivering, business may also be made subject to
766.25(d); see also 50 U.S.C. 4610(h). In the provisions of this Order in order to
addition, Section 750.8 of the storing, disposing of, forwarding,
transporting, financing, or otherwise prevent evasion of this Order.
Regulations states that the Bureau of
servicing in any way, any transaction Fourth, in accordance with Part 756 of
Industry and Security’s Office of
Exporter Services may revoke any involving any item exported or to be the Regulations, Obeid may file an
Bureau of Industry and Security (‘‘BIS’’) exported from the United States that is appeal of this Order with the Under
licenses previously issued pursuant to subject to the Regulations, or engaging Secretary of Commerce for Industry and
the Export Administration Act (‘‘EAA’’ in any other activity subject to the Security. The appeal must be filed
or ‘‘the Act’’) or the Regulations in Regulations; or within 45 days from the date of this
C. Benefitting in any way from any Order and must comply with the
which the person had an interest at the
transaction involving any item exported provisions of Part 756 of the
time of his conviction.
or to be exported from the United States Regulations.
BIS has received notice of Obeid’s
that is subject to the Regulations, or
conviction for violating Section 38 of Fifth, a copy of this Order shall be
from any other activity subject to the
the AECA, and has provided notice and delivered to Obeid, and shall be
Regulations.
an opportunity for Obeid to make a Second, no person may, directly or published in the Federal Register.
written submission to BIS, as provided indirectly, do any of the following:
in Section 766.25 of the Regulations. Sixth, this Order is effective
A. Export or reexport to or on behalf immediately and shall remain in effect
BIS has not received a submission from of the Denied Person any item subject to
Obeid. until December 17, 2024.
the Regulations;
B. Take any action that facilitates the Issued: August 10, 2017.
1 The Regulations are currently codified in the acquisition or attempted acquisition by Karen H. Nies-Vogel,
Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the the Denied Person of the ownership, Director, Office of Exporter Services.
Export Administration Act (50 U.S.C. 4601–4623 possession, or control of any item [FR Doc. 2017–17375 Filed 8–16–17; 8:45 am]
(Supp. III 2015) (available at http:// subject to the Regulations that has been BILLING CODE P
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
sradovich on DSK3GMQ082PROD with NOTICES
or will be exported from the United
August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August States, including financing or other
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which support activities related to a
has been extended by successive Presidential transaction whereby the Denied Person
Notices, the most recent being that of August 4, acquires or attempts to acquire such
2016 (81 FR 52,587 (Aug. 8, 2016)), has continued
the Regulations in effect under the International ownership, possession or control;
Emergency Economic Powers Act (50 U.S.C. 1701, C. Take any action to acquire from or
et seq. (2012)). to facilitate the acquisition or attempted
VerDate Sep<11>2014 19:44 Aug 16, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 9990 E:\FR\FM\17AUN1.SGM 17AUN1](https://thefederalregister.org/doc/82_FR_39265/page/2.svg)
Document Created: 2017-08-17 01:42:46
Document Modified: 2017-08-17 01:42:46
| 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 39107 |
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