82 FR 46479 - In the Matter of: Tayabi Fazal Hussain, Lathifa Tower, Apt #1107, Al Nahda 1, Dubai, UAE

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 192 (October 5, 2017)

Page Range		46479-46480
FR Document		2017-21476
Federal Register, Volume 82 Issue 192 (Thursday, October 5, 2017)
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46479-46480]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21476]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Tayabi Fazal Hussain, Lathifa Tower, Apt #1107, 
Al Nahda 1, Dubai, UAE

Order Denying Export Privileges

    On October 3, 2016, in the U.S. District Court for the Northern 
District of Illinois, Tayabi Fazal Hussain (``Hussain'') was convicted 
of violating the International Emergency Economic Powers Act (50 U.S.C. 
1701, et seq. (2012)) (``IEEPA''). Specifically, Hussain knowingly and 
willfully conspired to export and caused the export of numerous types 
of goods, including, inter alia, optical and telescopic equipment and 
several sets of gas turbine mobile generators, from the United States 
to Iran, without having obtained the required U.S. Government 
authorization. Hussain was sentenced to 15 months in prison, with 
credit for time served, and a special 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 pursuant to 
the Regulations, in which the person had an interest at the time of 
his/her 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 15, 2017 (82 FR 39005 (Aug. 16, 2017)), 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 Hussain's conviction for violating the 
IEEPA, and has provided notice and an opportunity for Hussain to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Hussain.
    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 Hussain's export privileges under the Regulations 
for a period of 10 years from the date of Hussain's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Hussain had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until October 3, 2026, Tayabi 
Fazal Hussain, with a last known address of Lathifa Tower, Apt # 1107, 
Al Nahda 1, Dubai, UAE, 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 Hussain 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, Hussain 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

[[Page 46480]]

provisions of Part 756 of the Regulations.
    Fifth, a copy of this Order shall be delivered to the Hussain, and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until October 3, 2026.

     Issued this 28th day of September, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-21476 Filed 10-4-17; 8:45 am]
 BILLING CODE P
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

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46480 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices

provisions of Part 756 of the ‘‘Regulations’’) 1 provides, in pertinent B. Denial of Export Privileges of Related
Regulations. part, that ‘‘[t]he Director of the Office of Person Dahua Electronics Corporation,
Fifth, a copy of this Order shall be Exporter Services, in consultation with a/k/a Bao An Corporation
delivered to the Hussain, and shall be the Director of the Office of Export
Section 766.25(h) of the Regulations
published in the Federal Register. Enforcement, may deny the export
provides that the Director of BIS’s Office
Sixth, this Order is effective privileges of any person who has been
of Exporter Services, in consultation
immediately and shall remain in effect convicted of a violation of the EAA with the Director of BIS’s Office of
until October 3, 2026. [Export Administration Act of 1979], the Export Enforcement, may take action in
EAR, or any order, license or accordance with Section 766.23 of the
Issued this 28th day of September, 2017.
authorization issued thereunder; any Regulations to make applicable to
Karen H. Nies-Vogel,
regulation, license, or order issued related persons a denial order that is
Director, Office of Exporter Services. under the International Emergency being sought or has issued under
[FR Doc. 2017–21476 Filed 10–4–17; 8:45 am] Economic Powers Act (50 U.S.C. 1701– Section 766.25. Section 766.23 provides,
BILLING CODE P 1706); 18 U.S.C. 793, 794 or 798; section in turn, that in order to prevent evasion
4(b) of the Internal Security Act of 1950 of a denial order issued pursuant to Part
(50 U.S.C. 783(b)), or section 38 of the 766 of the Regulations, including
DEPARTMENT OF COMMERCE
Arms Export Control Act (22 U.S.C. pursuant to Section 766.25, the denial
Bureau of Industry and Security 2778).’’ 15 CFR 766.25(a); see also order made be made applicable not only
Section 11(h) of the EAA, 50 U.S.C. to the respondent, but also to other
In the Matter of: Mark Henry (a/k/a 4610(h). The denial of export privileges persons related to the respondent by
Weida Zheng, a/k/a Scott Russel, a/k/a under this provision may be for a period ownership, control, position of
Bob Wilson, a/k/a Joanna Zhong), of up to ten (10) years from the date of responsibility, affiliation, or other
Inmate Number: 75602–053, FCI the conviction. 15 CFR 766.25(d); see connection in the conduct of trade or
Schuylkill, Federal Correctional also 50 U.S.C. 4610(h). In addition, business.
Institution, Satellite Camp, P.O. Box Section 750.8 of the Regulations states As provided in Section 766.23, BIS
670, Minersville, PA 17954; that the Bureau of Industry and Security gave notice to Dahua Electronics
Respondent; Dahua Electronics (‘‘BIS’’)’s Office of Exporter Services Corporation a/k/a Bao An Corporation
Corporation (a/k/a Bao An may revoke any BIS licenses previously (‘‘Dahua’’) that it intended to deny Mark
Corporation), 134–12 59th Avenue, issued pursuant to the EAA or the Henry’s export privileges pursuant to
Flushing, NY 11355, Related Person Section 766.25 for a period of up to ten
Regulations in which the person had an
Order Denying Privileges (10) years from the date of his
interest at the time of his/her
A. Denial of Export Privileges of Mark conviction. conviction and intended to make that
Henry, a/k/a Weida Zheng, a/k/a Scott denial order applicable to Dahua
BIS received notice of Henry’s pursuant to Sections 766.25 and
Russel, a/k/a Bob Wilson, a/k/a Joanna conviction for violating Section 38 of
Zhong 766.23.2 BIS also provided notice that it
the AECA, and has provided notice and has reason to believe that Dahua is
On November 19, 2015, in the U.S. an opportunity for Henry to make a related to Henry as set forth in Section
District Court for the Eastern District of written submission to BIS, as provided 766.23, that is, by ownership, control,
New York, Mark Henry, a/k/a Weida in Section 766.25 of the Regulations. position of responsibility, affiliation, or
Zheng, a/k/a Scott Russel, a/k/a Bob BIS has not received a submission from other connection in the conduct of trade
Wilson, a/k/a Joanna Zhong (‘‘Henry’’), Henry. Based upon my review and or business, and reason to believe that
was convicted of violating Section 38 of consultations with BIS’s Office of naming Dahua as a person related to
the Arms Export Control Act (22 U.S.C. Export Enforcement, including its Henry would be necessary to prevent
2778 (2012)) (‘‘AECA’’). Specifically, Director, and the facts available to BIS, evasion of a denial order imposed
Henry was convicted of willfully and I have decided to deny Henry’s export against Henry. BIS gave Dahua an
knowingly exporting, causing to be privileges under the Regulations for a opportunity to oppose its addition as a
exported, and attempting to export from period of ten (10) years from the date of related party by informing Dahua that it
the United States to Taiwan defense Henry’s conviction. I have also decided could make a written submission
articles listed on the United States to revoke all licenses issued pursuant to describing why Dahua is not related to
Munitions List, specifically, ablative the Act or Regulations in which Henry Henry or why a denial order against
materials for use, among other things, as had an interest at the time of his Henry should not be applied to Dahua.
a protective coating for rocket nozzles, conviction. Having received no submission from
without the required State Department or on behalf of Dahua, I have decided,
license. Henry was sentenced to 78 following consultations with BIS’s
months in prison for violating Sections 1 The Regulations are currently codified in the
Office of Export Enforcement, including
38(b)(2) and (c) of the AECA, along with Code of Federal Regulations at 15 CFR parts 730– its Director, to name Dahua as a Related
774 (2017). The Regulations issued pursuant to the
three years of supervised release and a Person and make this Denial Order
Export Administration Act of 1979 (50 U.S.C. 4601–
$200 assessment.1 4623 (Supp. III 2015) (available at http:// applicable to Dahua, thereby denying its
Section 766.25 of the Export uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since export privileges for ten (10) years from
Administration Regulations (‘‘EAR’’ or August 21, 2001, the Act has been in lapse and the the date of Henry’s conviction, that is,
ethrower on DSK3G9T082PROD with NOTICES

President, through Executive Order 13222 of August until November 19, 2025. I have also
1 Henry also was convicted of a second count,
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which decided to revoke all licenses issued
has been extended by successive Presidential pursuant to the Act or Regulations in
specifically, conspiracy in violation of 18 U.S.C.
Notices, the most recent being that of August 15,
Section 371. He was sentenced on this count to 60 which Dahua had an interest at the time
months in prison and three years of supervision 2017 (82 FR 39005 (Aug. 16, 2017)), has continued
the Regulations in effect under the International of Henry’s conviction.
release. His sentence on this count runs
concurrently with his sentence, disused in the text Emergency Economic Powers Act (50 U.S.C. 1701,
above, for violating Section 38 of the AECA. et seq. (2012)). 2 BIS provided notice to Dahua via Henry.

VerDate Sep<11>2014 19:52 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\05OCN1.SGM 05OCN1
Document Created: 2017-10-05 00:53:58
Document Modified: 2017-10-05 00:53:58
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 46479
82 FR 46479 - In the Matter of: Tayabi Fazal Hussain, Lathifa Tower, Apt #1107, Al Nahda 1, Dubai, UAE

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 192 (October 5, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
