82 FR 46478 - In the Matter of: Shehzad John, Currently Incarcerated at: Inmate Number: 91045-054, FCI Ashland, Federal Correctional Institution, P.O. Box 6001, Ashland, KY 41105, and With an Address at: 207 Border Street, Columbus, OH 43207
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 82, Issue 192 (October 5, 2017)
Bureau of Industry and Security
Federal Register Volume 82, Issue 192 (October 5, 2017)
| Page Range | 46478-46479 | |
| FR Document | 2017-21472 |
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)] [Notices] [Pages 46478-46479] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21472] [[Page 46478]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Shehzad John, Currently Incarcerated at: Inmate Number: 91045-054, FCI Ashland, Federal Correctional Institution, P.O. Box 6001, Ashland, KY 41105, and With an Address at: 207 Border Street, Columbus, OH 43207 Order Denying Export Privileges On August 1, 2016, in the U.S. District Court for the Southern District of New York, Shehzad John was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2012)) (``IEEPA''). Specifically, Shehzad John was convicted of willfully and knowingly exporting and attempting to export from the United States to Pakistan items on the Commerce Control List, namely, a Bushnell Optical scope, a Monstrum Laser Aimer, an AR 15 30mm red dot sight, and a NcStar red laser sight, without the required Department of Commerce licenses. Shehzad John was sentenced to 71 months in prison, three years of supervised release, a fine of $10,000, and an assessment of $100. 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/her 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 15, 2017 (82 FR 39,005 (Aug. 16, 2017)), 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 Shehzad John's conviction for violating IEEPA and has provided notice and an opportunity for Shehzad John to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Shehzad John. 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 Shehzad John's export privileges under the Regulations for a period of 10 years from the date of Shehzad John's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Shehzad John had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until August 1, 2026, Shehzad John, currently incarcerated at: Inmate Number: 91045-054, FCI Ashland, Federal Correctional Institution, P.O. Box 6001, Ashland, KY 41105, and with a last known address of 207 Border Street, Columbus, OH 43207, 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 Shehzad John 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, Shehzad John 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 Shehzad John, and shall be published in the Federal Register. [[Page 46479]] Sixth, this Order is effective immediately and shall remain in effect until August 1, 2026. Issued this 28th day of September, 2017. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2017-21472 Filed 10-4-17; 8:45 am] BILLING CODE -P
![46478 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices
DEPARTMENT OF COMMERCE 766.25(d); see also 50 U.S.C. 4610(h). In from any other activity subject to the
addition, Section 750.8 of the Regulations.
Bureau of Industry and Security Regulations states that the Bureau of Second, no person may, directly or
Industry and Security’s Office of indirectly, do any of the following:
In the Matter of: Shehzad John, Exporter Services may revoke any A. Export or reexport to or on behalf
Currently Incarcerated at: Inmate Bureau of Industry and Security (‘‘BIS’’) of the Denied Person any item subject to
Number: 91045–054, FCI Ashland, licenses previously issued pursuant to the Regulations;
Federal Correctional Institution, P.O. the Export Administration Act (‘‘EAA’’ B. Take any action that facilitates the
Box 6001, Ashland, KY 41105, and With or ‘‘the Act’’) or the Regulations in acquisition or attempted acquisition by
an Address at: 207 Border Street, which the person had an interest at the the Denied Person of the ownership,
Columbus, OH 43207 time of his/her conviction. possession, or control of any item
Order Denying Export Privileges BIS has received notice of Shehzad subject to the Regulations that has been
John’s conviction for violating IEEPA or will be exported from the United
On August 1, 2016, in the U.S. District and has provided notice and an
Court for the Southern District of New States, including financing or other
opportunity for Shehzad John to make a support activities related to a
York, Shehzad John was convicted of written submission to BIS, as provided
violating the International Emergency transaction whereby the Denied Person
in Section 766.25 of the Regulations. acquires or attempts to acquire such
Economic Powers Act (50 U.S.C. 1701, BIS has not received a submission from
et seq. (2012)) (‘‘IEEPA’’). Specifically, ownership, possession or control;
Shehzad John. C. Take any action to acquire from or
Shehzad John was convicted of willfully Based upon my review and
and knowingly exporting and to facilitate the acquisition or attempted
consultations with BIS’s Office of acquisition from the Denied Person of
attempting to export from the United Export Enforcement, including its
States to Pakistan items on the any item subject to the Regulations that
Director, and the facts available to BIS,
Commerce Control List, namely, a has been exported from the United
I have decided to deny Shehzad John’s
Bushnell Optical scope, a Monstrum States;
export privileges under the Regulations
Laser Aimer, an AR 15 30mm red dot D. Obtain from the Denied Person in
for a period of 10 years from the date of
sight, and a NcStar red laser sight, the United States any item subject to the
Shehzad John’s conviction. I have also
without the required Department of Regulations with knowledge or reason
decided to revoke all licenses issued
Commerce licenses. Shehzad John was to know that the item will be, or is
pursuant to the Act or Regulations in
sentenced to 71 months in prison, three intended to be, exported from the
which Shehzad John had an interest at
years of supervised release, a fine of United States; or
the time of his conviction.
$10,000, and an assessment of $100. Accordingly, it is hereby ordered: E. Engage in any transaction to service
Section 766.25 of the Export First, from the date of this Order until any item subject to the Regulations that
Administration Regulations (‘‘EAR’’ or August 1, 2026, Shehzad John, currently has been or will be exported from the
‘‘Regulations’’) 1 provides, in pertinent incarcerated at: Inmate Number: 91045– United States and which is owned,
part, that ‘‘[t]he Director of the Office of 054, FCI Ashland, Federal Correctional possessed or controlled by the Denied
Exporter Services, in consultation with Institution, P.O. Box 6001, Ashland, KY Person, or service any item, of whatever
the Director of the Office of Export 41105, and with a last known address of origin, that is owned, possessed or
Enforcement, may deny the export 207 Border Street, Columbus, OH 43207, controlled by the Denied Person if such
privileges of any person who has been and when acting for or on his behalf, his service involves the use of any item
convicted of a violation of the EAA successors, assigns, employees, agents subject to the Regulations that has been
[Export Administration Act], the EAR, or representatives (‘‘the Denied or will be exported from the United
or any order, license, or authorization Person’’), may not, directly or indirectly, States. For purposes of this paragraph,
issued thereunder; any regulation, participate in any way in any servicing means installation,
license or order issued under the transaction involving any commodity, maintenance, repair, modification or
International Emergency Economic software or technology (hereinafter testing.
Powers Act (50 U.S.C. 1701–1706); 18 collectively referred to as ‘‘item’’) Third, after notice and opportunity for
U.S.C. 793, 794 or 798; section 4(b) of exported or to be exported from the comment as provided in Section 766.23
the Internal Security Act of 1950 (50 United States that is subject to the of the Regulations, any other person,
U.S.C. 783(b)); or section 38 of the Arms Regulations, including, but not limited firm, corporation, or business
Export Control Act (22 U.S.C. 2778).’’ 15 to: organization related to Shehzad John by
CFR 766.25(a); see also Section 11(h) of A. Applying for, obtaining, or using ownership, control, position of
the EAA, 50 U.S.C. 4610(h). The denial any license, license exception, or export responsibility, affiliation, or other
of export privileges under this provision control document; connection in the conduct of trade or
may be for a period of up to 10 years B. Carrying on negotiations business may also be made subject to
from the date of the conviction. 15 CFR concerning, or ordering, buying, the provisions of this Order in order to
receiving, using, selling, delivering, prevent evasion of this Order.
1 The Regulations are currently codified in the
storing, disposing of, forwarding, Fourth, in accordance with Part 756 of
Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the transporting, financing, or otherwise the Regulations, Shehzad John may file
Export Administration Act (50 U.S.C. 4601–4623 servicing in any way, any transaction an appeal of this Order with the Under
(Supp. III 2015) (available at http:// involving any item exported or to be Secretary of Commerce for Industry and
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since exported from the United States that is Security. The appeal must be filed
ethrower on DSK3G9T082PROD with NOTICES
August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August subject to the Regulations, or engaging within 45 days from the date of this
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which in any other activity subject to the Order and must comply with the
has been extended by successive Presidential Regulations; or provisions of Part 756 of the
Notices, the most recent being that of August 15, C. Benefitting in any way from any Regulations.
2017 (82 FR 39,005 (Aug. 16, 2017)), has continued
the Regulations in effect under the International
transaction involving any item exported Fifth, a copy of this Order shall be
Emergency Economic Powers Act (50 U.S.C. 1701, or to be exported from the United States delivered to Shehzad John, and shall be
et seq. (2012)). that is subject to the Regulations, or published in the Federal Register.
VerDate Sep<11>2014 19:52 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\05OCN1.SGM 05OCN1](https://thefederalregister.org/doc/82_FR_46670/page/1.svg)
![Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices 46479
Sixth, this Order is effective U.S.C. 783(b)), or section 38 of the Arms in any other activity subject to the
immediately and shall remain in effect Export Control Act (22 U.S.C. 2778).’’ 15 Regulations; or
until August 1, 2026. CFR 766.25(a); see also Section 11(h) of C. Benefitting in any way from any
Issued this 28th day of September, 2017. the EAA, 50 U.S.C. 4610(h). The denial transaction involving any item exported
of export privileges under this provision or to be exported from the United States
Karen H. Nies-Vogel,
may be for a period of up to 10 years that is subject to the Regulations, or
Director, Office of Exporter Services. from any other activity subject to the
from the date of the conviction. 15 CFR
[FR Doc. 2017–21472 Filed 10–4–17; 8:45 am] Regulations.
766.25(d); see also 50 U.S.C. 4610(h). In
BILLING CODE –P addition, Section 750.8 of the Second, no person may, directly or
Regulations states that the Bureau of indirectly, do any of the following:
Industry and Security’s Office of A. Export or reexport to or on behalf
DEPARTMENT OF COMMERCE of the Denied Person any item subject to
Exporter Services may revoke any
Bureau of Industry and Security (‘‘BIS’’) the Regulations;
Bureau of Industry and Security B. Take any action that facilitates the
licenses previously issued pursuant to
the Export Administration Act (‘‘EAA’’ acquisition or attempted acquisition by
In the Matter of: Tayabi Fazal Hussain,
or ‘‘the Act’’), or pursuant to the the Denied Person of the ownership,
Lathifa Tower, Apt #1107, Al Nahda 1,
Regulations, in which the person had an possession, or control of any item
Dubai, UAE
interest at the time of his/her subject to the Regulations that has been
Order Denying Export Privileges conviction. or will be exported from the United
BIS has received notice of Hussain’s States, including financing or other
On October 3, 2016, in the U.S.
conviction for violating the IEEPA, and support activities related to a
District Court for the Northern District
has provided notice and an opportunity transaction whereby the Denied Person
of Illinois, Tayabi Fazal Hussain
for Hussain to make a written acquires or attempts to acquire such
(‘‘Hussain’’) was convicted of violating
submission to BIS, as provided in ownership, possession or control;
the International Emergency Economic C. Take any action to acquire from or
Powers Act (50 U.S.C. 1701, et seq. Section 766.25 of the Regulations. BIS
to facilitate the acquisition or attempted
(2012)) (‘‘IEEPA’’). Specifically, Hussain has not received a submission from
acquisition from the Denied Person of
knowingly and willfully conspired to Hussain.
any item subject to the Regulations that
export and caused the export of Based upon my review and has been exported from the United
numerous types of goods, including, consultations with BIS’s Office of States;
inter alia, optical and telescopic Export Enforcement, including its D. Obtain from the Denied Person in
equipment and several sets of gas Director, and the facts available to BIS, the United States any item subject to the
turbine mobile generators, from the I have decided to deny Hussain’s export Regulations with knowledge or reason
United States to Iran, without having privileges under the Regulations for a to know that the item will be, or is
obtained the required U.S. Government period of 10 years from the date of intended to be, exported from the
authorization. Hussain was sentenced to Hussain’s conviction. I have also United States; or
15 months in prison, with credit for decided to revoke all licenses issued E. Engage in any transaction to service
time served, and a special assessment of pursuant to the Act or Regulations in any item subject to the Regulations that
$100. which Hussain had an interest at the has been or will be exported from the
Section 766.25 of the Export time of his conviction. United States and which is owned,
Administration Regulations (‘‘EAR’’ or Accordingly, it is hereby ordered: possessed or controlled by the Denied
‘‘Regulations’’) 1 provides, in pertinent First, from the date of this Order until Person, or service any item, of whatever
part, that ‘‘[t]he Director of the Office of October 3, 2026, Tayabi Fazal Hussain, origin, that is owned, possessed or
Exporter Services, in consultation with with a last known address of Lathifa controlled by the Denied Person if such
the Director of the Office of Export Tower, Apt # 1107, Al Nahda 1, Dubai, service involves the use of any item
Enforcement, may deny the export UAE, and when acting for or on his subject to the Regulations that has been
privileges of any person who has been behalf, his successors, assigns, or will be exported from the United
convicted of a violation of the EAA employees, agents or representatives States. For purposes of this paragraph,
[Export Administration Act], the EAR, (‘‘the Denied Person’’), may not, directly servicing means installation,
or any order, license or authorization or indirectly, participate in any way in maintenance, repair, modification or
issued thereunder; any regulation, any transaction involving any testing.
license, or order issued under the commodity, software or technology Third, after notice and opportunity for
International Emergency Economic (hereinafter collectively referred to as comment as provided in Section 766.23
Powers Act (50 U.S.C. 1701–1706); 18 ‘‘item’’) exported or to be exported from of the Regulations, any other person,
U.S.C. 793, 794 or 798; section 4(b) of the United States that is subject to the firm, corporation, or business
the Internal Security Act of 1950 (50 Regulations, including, but not limited organization related to Hussain by
to: ownership, control, position of
1 The Regulations are currently codified in the
A. Applying for, obtaining, or using responsibility, affiliation, or other
Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the
any license, license exception, or export connection in the conduct of trade or
Export Administration Act (50 U.S.C. 4601–4623 control document; business may also be made subject to
(Supp. III 2015) (available at http:// B. Carrying on negotiations the provisions of this Order in order to
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since concerning, or ordering, buying, prevent evasion of this Order.
ethrower on DSK3G9T082PROD with NOTICES
August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which storing, disposing of, forwarding, the Regulations, Hussain may file an
has been extended by successive Presidential transporting, financing, or otherwise appeal of this Order with the Under
Notices, the most recent being that of August 15, servicing in any way, any transaction Secretary of Commerce for Industry and
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
the Regulations in effect under the International
involving any item exported or to be Security. The appeal must be filed
Emergency Economic Powers Act (50 U.S.C. 1701, exported from the United States that is within 45 days from the date of this
et seq. (2012)). subject to the Regulations, or engaging Order and must comply with the
VerDate Sep<11>2014 19:52 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\05OCN1.SGM 05OCN1](https://thefederalregister.org/doc/82_FR_46670/page/2.svg)
Document Created: 2017-10-05 00:53:23
Document Modified: 2017-10-05 00:53:23
| 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 46478 |
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