82 FR 46481 - In the Matter of: Robert J. Shubert, Sr., Currently Incarcerated at: Inmate Number: 96749-020, FCI Coleman Low, P.O. Box 1031, Coleman, FL 33521; and With a Prior Known Address at: 417 Hedlund Drive, Warner Robbins, GA 31088
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 | 46481-46482 | |
| FR Document | 2017-21473 |
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)] [Notices] [Pages 46481-46482] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21473] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Robert J. Shubert, Sr., Currently Incarcerated at: Inmate Number: 96749-020, FCI Coleman Low, P.O. Box 1031, Coleman, FL 33521; and With a Prior Known Address at: 417 Hedlund Drive, Warner Robbins, GA 31088 Order Denying Export Privileges On October 15, 2014, in the U.S. District Court, Middle District of Georgia, Robert J. Shubert, Sr. (``Shubert'') was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Shubert was convicted of knowingly and willfully exporting, from the United States to Japan, Dual Sensor Night Vision Goggles designated as defense articles on the United States Munitions List, without the required U.S. Department of State licenses. Shubert was sentenced to 78 months in prison, 36 months of supervised release, a $15,000 fine, and a $300 assessment. Section 766.25 of the Export Administration Regulations (``EAR'' or ``Regulations'') \1\ provides, in pertinent [[Page 46482]] 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 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)). --------------------------------------------------------------------------- BIS has received notice of Shubert's conviction for violating Section 38 of the AECA, and has provided notice and an opportunity for Shubert to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Shubert. 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 Shubert's export privileges under the Regulations for a period of ten (10) years from the date of Shubert's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Shubert had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until October 15, 2024, Robert J. Shubert, Sr., currently incarcerated at Inmate Number: 96749-020, FCI Coleman Low, P.O. Box 1031, Coleman, FL 33521, and with a prior known address of 417 Hedlund Drive, Warner Robbins, GA 31088, 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 Shubert 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, Shubert 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 Shubert and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until October 15, 2024. Issued this 28th day of September, 2017. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2017-21473 Filed 10-4-17; 8:45 am] BILLING CODE P
![Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices 46481
Dahua was incorporated in New York C. Benefitting in any way from any with the provisions of Part 756 of the
State, and remains listed there as an transaction involving any item exported Regulations.
active corporation. Henry, a naturalized or to be exported from the United States Fifth, in accordance with Part 756 and
U.S. citizen born in China, operated that is subject to the Regulations, or Section 766.23(c) of the Regulations,
Dahua out of his residence in Flushing, from any other activity subject to the Dahua may file an appeal of its being
New York, and is believed to own Regulations. named as a related person in this Order
Dahua. He used Dahua to purchase Second, no person may, directly or with the Under Secretary of Commerce
various items from companies located in indirectly, do any of the following: for Industry and Security.3 This appeal
the United States, including tools, A. Export or reexport to or on behalf must be filed within 45 days from the
machine parts, materials used in of a Denied Person any item subject to date of this Order and must comply
machinery, and industrial chemicals, for the Regulations; with the provisions of Part 756 of the
export to end users or customers located B. Take any action that facilitates the Regulations.
in Asia, including China and Taiwan. acquisition or attempted acquisition by Sixth, a copy of this Order shall be
Operating through Dahua, Henry a Denied Person of the ownership, delivered to Henry and Dahua and shall
received requests for products from possession, or control of any item be published in the Federal Register.
customers located overseas and solicited subject to the Regulations that has been Seventh, this Order is effective
orders for those products from suppliers or will be exported from the United immediately and shall remain in effect
and manufacturers located in the United States, including financing or other until November 19, 2025.
States, including in connection with the support activities related to a Issued this 28th day of September, 2017.
violation of the AECA for which he was transaction whereby a Denied Person
Karen H. Nies-Vogel,
convicted. Thus, I find that Dahua is acquires or attempts to acquire such
ownership, possession or control; Director, Office of Exporter Services.
related to Henry within the meaning of [FR Doc. 2017–21475 Filed 10–4–17; 8:45 am]
C. Take any action to acquire from or
Section 766.23, and that Dahua should
to facilitate the acquisition or attempted BILLING CODE P
be added as a related person to prevent
acquisition from a Denied Person of any
evasion of this order.
item subject to the Regulations that has
Accordingly, it is hereby ordered: DEPARTMENT OF COMMERCE
been exported from the United States;
First, from the date of this Order until D. Obtain from a Denied Person in the
November 19, 2025, Mark Henry, a/k/a Bureau of Industry and Security
United States any item subject to the
Weida Zheng, a/k/a Scott Russel, a/k/a Regulations with knowledge or reason
Bob Wilson, a/k/a Joanna Zhong, with a In the Matter of: Robert J. Shubert, Sr.,
to know that the item will be, or is Currently Incarcerated at: Inmate
last known address of FCI Schuylkill, intended to be, exported from the
Federal Correctional Institution, Number: 96749–020, FCI Coleman Low,
United States; or P.O. Box 1031, Coleman, FL 33521; and
Satellite Camp, P.O. Box 670, E. Engage in any transaction to service
Minersville, PA 17954, and when acting With a Prior Known Address at: 417
any item subject to the Regulations that Hedlund Drive, Warner Robbins, GA
for or on his behalf, his successors, has been or will be exported from the
assigns, employees, agents, or 31088
United States and which is owned,
representatives, and Dahua Electronics possessed or controlled by a Denied Order Denying Export Privileges
Corporation, a/k/a Bao An Corporation, Person, or service any item, of whatever
with a last known address of 134–12 On October 15, 2014, in the U.S.
origin, that is owned, possessed or District Court, Middle District of
59th Avenue, Flushing, NY 11355, and controlled by a Denied Person, if such
when acting for or on its behalf, its Georgia, Robert J. Shubert, Sr.
service involves the use of any item (‘‘Shubert’’) was convicted of violating
successors, assigns, directors, officers, subject to the Regulations that has been
employees, agents, or representatives Section 38 of the Arms Export Control
or will be exported from the United Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
(each ‘‘a Denied Person’’ and States. For purposes of this paragraph,
collectively ‘‘the Denied Persons’’) may Specifically, Shubert was convicted of
servicing means installation, knowingly and willfully exporting, from
not, directly or indirectly, participate in maintenance, repair, modification or
any way in any transaction involving the United States to Japan, Dual Sensor
testing. Night Vision Goggles designated as
any commodity, software or technology Third, in addition to the Related
(hereinafter collectively referred to as defense articles on the United States
Person named above, after notice and Munitions List, without the required
‘‘item’’) exported or to be exported from opportunity for comment as provided in
the United States that is subject to the U.S. Department of State licenses.
section 766.23 of the Regulations, any Shubert was sentenced to 78 months in
Regulations, or in any other activity other individual, firm, corporation, or
subject to the Regulations, including but prison, 36 months of supervised release,
other association or organization or a $15,000 fine, and a $300 assessment.
not limited to: other person related to a Denied Person Section 766.25 of the Export
A. Applying for, obtaining, or using by ownership, control, position of Administration Regulations (‘‘EAR’’ or
any license, license exception, or export responsibility, affiliation, or other ‘‘Regulations’’) 1 provides, in pertinent
control document; connection in the conduct of trade or
B. Carrying on negotiations business may also be made subject to 3 As set forth in Section 766.23(c), the only issues
concerning, or ordering, buying, the provisions of this Order if necessary that may be raised in such an appeal are whether
receiving, using, selling, delivering, to prevent evasion of this Order. the person so named is related to the respondent
storing, disposing of, forwarding, Fourth, in accordance with Part 756 and whether the order is justified in order to
ethrower on DSK3G9T082PROD with NOTICES
prevent evasion. Thus, Dahua may not appeal the
transporting, financing, or otherwise and Section 766.25(g) of the issuance of the denial order against Henry.
servicing in any way, any transaction Regulations, Henry may file an appeal of 1 The Regulations are currently codified in the
involving any item exported or to be the issuance of this Order against him Code of Federal Regulations at 15 CFR parts 730–
exported from the United States that is with the Under Secretary of Commerce 774 (2017). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. 4601–4623
subject to the Regulations, or engaging for Industry and Security. The appeal (Supp. III 2015) (available at http://
in any other activity subject to the must be filed within 45 days from the uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
Regulations; or date of this Order and must comply Continued
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![46482 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices
part, that ‘‘[t]he Director of the Office of 31088, and when acting for or on his subject to the Regulations that has been
Exporter Services, in consultation with behalf, his successors, assigns, or will be exported from the United
the Director of the Office of Export employees, agents or representatives States. For purposes of this paragraph,
Enforcement, may deny the export (‘‘the Denied Person’’), may not, directly servicing means installation,
privileges of any person who has been or indirectly, participate in any way in maintenance, repair, modification or
convicted of a violation of the EAA any transaction involving any testing.
[Export Administration Act], the EAR, commodity, software or technology Third, after notice and opportunity for
or any order, license, or authorization (hereinafter collectively referred to as comment as provided in Section 766.23
issued thereunder; any regulation, ‘‘item’’) exported or to be exported from of the Regulations, any other person,
license or order issued under the the United States that is subject to the firm, corporation, or business
International Emergency Economic Regulations, including, but not limited organization related to Shubert by
Powers Act (50 U.S.C. 1701–1706); 18 to: ownership, control, position of
U.S.C. 793, 794 or 798; section 4(b) of A. Applying for, obtaining, or using responsibility, affiliation, or other
the Internal Security Act of 1950 (50 any license, license exception, or export connection in the conduct of trade or
U.S.C. 783(b)); or section 38 of the Arms control document; business may also be made subject to
Export Control Act (22 U.S.C. 2778).’’ 15 B. Carrying on negotiations the provisions of this Order in order to
CFR 766.25(a); see also Section 11(h) of concerning, or ordering, buying, prevent evasion of this Order.
the EAA, 50 U.S.C. 4610(h). The denial receiving, using, selling, delivering,
storing, disposing of, forwarding, Fourth, in accordance with Part 756 of
of export privileges under this provision the Regulations, Shubert may file an
may be for a period of up to 10 years transporting, financing, or otherwise
servicing in any way, any transaction appeal of this Order with the Under
from the date of the conviction. 15 CFR Secretary of Commerce for Industry and
766.25(d); see also 50 U.S.C. 4610(h). In involving any item exported or to be
exported from the United States that is Security. The appeal must be filed
addition, Section 750.8 of the within 45 days from the date of this
Regulations states that the Bureau of subject to the Regulations, or engaging
in any other activity subject to the Order and must comply with the
Industry and Security’s Office of provisions of Part 756 of the
Exporter Services may revoke any Regulations; or
C. Benefitting in any way from any Regulations.
Bureau of Industry and Security (‘‘BIS’’)
transaction involving any item exported Fifth, a copy of this Order shall be
licenses previously issued pursuant to
or to be exported from the United States delivered to Shubert and shall be
the Export Administration Act (‘‘EAA’’
that is subject to the Regulations, or published in the Federal Register.
or ‘‘the Act’’) or the Regulations in
which the person had an interest at the from any other activity subject to the Sixth, this Order is effective
time of his/her conviction. Regulations. immediately and shall remain in effect
BIS has received notice of Shubert’s Second, no person may, directly or until October 15, 2024.
conviction for violating Section 38 of indirectly, do any of the following: Issued this 28th day of September, 2017.
the AECA, and has provided notice and A. Export or reexport to or on behalf
of the Denied Person any item subject to Karen H. Nies-Vogel,
an opportunity for Shubert to make a Director, Office of Exporter Services.
written submission to BIS, as provided the Regulations;
B. Take any action that facilitates the [FR Doc. 2017–21473 Filed 10–4–17; 8:45 am]
in Section 766.25 of the Regulations.
acquisition or attempted acquisition by BILLING CODE P
BIS has not received a submission from
the Denied Person of the ownership,
Shubert.
possession, or control of any item
Based upon my review and DEPARTMENT OF COMMERCE
subject to the Regulations that has been
consultations with BIS’s Office of
or will be exported from the United
Export Enforcement, including its Bureau of Industry And Security
States, including financing or other
Director, and the facts available to BIS,
support activities related to a Order Denying Export Privileges
I have decided to deny Shubert’s export
transaction whereby the Denied Person
privileges under the Regulations for a
acquires or attempts to acquire such In the Matter of: John Francis
period of ten (10) years from the date of
ownership, possession or control; Stribling, Inmate Number: 87652–083,
Shubert’s conviction. I have also C. Take any action to acquire from or
decided to revoke all licenses issued FCI Loretto, P.O. Box 1000, Loretto, PA
to facilitate the acquisition or attempted 15940.
pursuant to the Act or Regulations in acquisition from the Denied Person of
which Shubert had an interest at the On July 6, 2016, in the U.S. District
any item subject to the Regulations that
time of his conviction. Court, Eastern District of Virginia, John
has been exported from the United
Accordingly, it is hereby ordered: Francis Stribling (‘‘Stribling’’) was
States;
First, from the date of this Order until convicted of violating Section 38 of the
D. Obtain from the Denied Person in
October 15, 2024, Robert J. Shubert, Sr., Arms Export Control Act (22 U.S.C.
the United States any item subject to the
currently incarcerated at Inmate 2778 (2012)) (‘‘AECA’’). Specifically,
Regulations with knowledge or reason
Number: 96749–020, FCI Coleman Low, Stribling was convicted of knowingly
to know that the item will be, or is
P.O. Box 1031, Coleman, FL 33521, and and willfully exporting from the United
intended to be, exported from the
with a prior known address of 417 States to Indonesia, two pistols and two
United States; or
Hedlund Drive, Warner Robbins, GA E. Engage in any transaction to service rifles designated as defense articles on
any item subject to the Regulations that the United States Munitions List,
ethrower on DSK3G9T082PROD with NOTICES
August 21, 2001, the Act has been in lapse and the
has been or will be exported from the without the required U.S. Department of
President, through Executive Order 13222 of August State licenses. Stribling was sentenced
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which United States and which is owned,
has been extended by successive Presidential possessed or controlled by the Denied to two years in prison, three years of
Notices, the most recent being that of August 15, Person, or service any item, of whatever supervised release, and a $100
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
origin, that is owned, possessed or assessment.
the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701, controlled by the Denied Person if such Section 766.25 of the Export
et seq. (2012)). service involves the use of any item Administration Regulations (‘‘EAR’’ or
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Document Created: 2017-10-05 00:53:26
Document Modified: 2017-10-05 00:53:26
| 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 46481 |
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