82 FR 46482 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry And Security

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

Page Range		46482-46483
FR Document		2017-21471
Federal Register, Volume 82 Issue 192 (Thursday, October 5, 2017)
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46482-46483]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21471]


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 DEPARTMENT OF COMMERCE

Bureau of Industry And Security


Order Denying Export Privileges

    In the Matter of: John Francis Stribling, Inmate Number: 87652-083, 
FCI Loretto, P.O. Box 1000, Loretto, PA 15940.
    On July 6, 2016, in the U.S. District Court, Eastern District of 
Virginia, John Francis Stribling (``Stribling'') was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Specifically, Stribling was convicted of knowingly 
and willfully exporting from the United States to Indonesia, two 
pistols and two rifles designated as defense articles on the United 
States Munitions List, without the required U.S. Department of State 
licenses. Stribling was sentenced to two years in prison, three years 
of supervised release, and a $100 assessment.
    Section 766.25 of the Export Administration Regulations (``EAR'' or

[[Page 46483]]

``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.
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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 Stribling's conviction for violating 
Section 38 of the AECA, and has provided notice and an opportunity for 
Stribling to make a written submission to BIS, as provided in Section 
766.25 of the Regulations. BIS has not received a submission from 
Stribling.
    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 Stribling's export privileges under the 
Regulations for a period of five (5) years from the date of Stribling's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Stribling had an interest at the 
time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until July 6, 2021, John Francis 
Stribling, with a last known address of Inmate Number: 87652-083, FCI 
Loretto, P.O. Box 1000, Loretto, PA 15940, 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 Stribling 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, Stribling 
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 Stribling and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until July 6, 2021.

    Issued this 28th day of September 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-21471 Filed 10-4-17; 8:45 am]
 BILLING CODE P
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

VerDate Sep<11>2014 19:52 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\05OCN1.SGM 05OCN1
Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices 46483

‘‘Regulations’’) 1 provides, in pertinent with a last known address of Inmate origin, that is owned, possessed or
part, that ‘‘[t]he Director of the Office of Number: 87652–083, FCI Loretto, P.O. controlled by the Denied Person if such
Exporter Services, in consultation with Box 1000, Loretto, PA 15940, and when service involves the use of any item
the Director of the Office of Export acting for or on his behalf, his subject to the Regulations that has been
Enforcement, may deny the export successors, assigns, employees, agents or will be exported from the United
privileges of any person who has been or representatives (‘‘the Denied States. For purposes of this paragraph,
convicted of a violation of the EAA Person’’), may not, directly or indirectly, servicing means installation,
[Export Administration Act], the EAR, participate in any way in any maintenance, repair, modification or
or any order, license, or authorization transaction involving any commodity, testing.
issued thereunder; any regulation, software or technology (hereinafter Third, after notice and opportunity for
license or order issued under the collectively referred to as ‘‘item’’) comment as provided in Section 766.23
International Emergency Economic exported or to be exported from the of the Regulations, any other person,
Powers Act (50 U.S.C. 1701–1706); 18 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 Stribling 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, Stribling may file an
766.25(d); see also 50 U.S.C. 4610(h). In transporting, financing, or otherwise 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 Stribling 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 his/her conviction. that is subject to the Regulations, or Sixth, this Order is effective
BIS has received notice of Stribling’s from any other activity subject to the immediately and shall remain in effect
conviction for violating Section 38 of Regulations. until July 6, 2021.
the AECA, and has provided notice and Second, no person may, directly or
an opportunity for Stribling to make a Issued this 28th day of September 2017.
indirectly, do any of the following:
written submission to BIS, as provided A. Export or reexport to or on behalf Karen H. Nies-Vogel,
in Section 766.25 of the Regulations. of the Denied Person any item subject to Director, Office of Exporter Services.
BIS has not received a submission from the Regulations; [FR Doc. 2017–21471 Filed 10–4–17; 8:45 am]
Stribling. B. Take any action that facilitates the BILLING CODE P
Based upon my review and acquisition or attempted acquisition by
consultations with BIS’s Office of the Denied Person of the ownership,
Export Enforcement, including its possession, or control of any item DEPARTMENT OF COMMERCE
Director, and the facts available to BIS, subject to the Regulations that has been
I have decided to deny Stribling’s export or will be exported from the United International Trade Administration
privileges under the Regulations for a States, including financing or other [C–489–817]
period of five (5) years from the date of support activities related to a
Stribling’s conviction. I have also transaction whereby the Denied Person Oil Country Tubular Goods From the
decided to revoke all licenses issued acquires or attempts to acquire such Republic of Turkey: Amendment of
pursuant to the Act or Regulations in ownership, possession or control; Countervailing Duty Order
which Stribling had an interest at the C. Take any action to acquire from or
time of his conviction. to facilitate the acquisition or attempted AGENCY: Enforcement and Compliance,
Accordingly, it is hereby ordered: acquisition from the Denied Person of International Trade Administration,
First, from the date of this Order until any item subject to the Regulations that Department of Commerce.
July 6, 2021, John Francis Stribling, has been exported from the United SUMMARY: On May 30, 2017, the United
States; States Court of Appeals for the Federal
1 The Regulations are currently codified in the
D. Obtain from the Denied Person in Circuit (CAFC) affirmed the Department
Code of Federal Regulations at 15 CFR parts 730– of Commerce’s (the Department) remand
774 (2017). The Regulations issued pursuant to the
the United States any item subject to the
Export Administration Act (50 U.S.C. 4601–4623 Regulations with knowledge or reason redetermination concerning the
(Supp. III 2015) (available at http:// to know that the item will be, or is countervailing duty (CVD) investigation
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since intended to be, exported from the of oil country tubular goods (OCTG)
ethrower on DSK3G9T082PROD with NOTICES

August 21, 2001, the Act has been in lapse and the from the Republic of Turkey (Turkey).
President, through Executive Order 13222 of August
United States; or
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which E. Engage in any transaction to service This judgment was not appealed within
has been extended by successive Presidential any item subject to the Regulations that the 90-day deadline, and became final
Notices, the most recent being that of August 15, has been or will be exported from the and conclusive on August 28, 2017. The
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
the Regulations in effect under the International
United States and which is owned, Department previously notified the
Emergency Economic Powers Act (50 U.S.C. 1701, possessed or controlled by the Denied public that the final judgment in this
et seq. (2012)). Person, or service any item, of whatever case by the U.S. Court of International

VerDate Sep<11>2014 19:52 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\05OCN1.SGM 05OCN1
Document Created: 2017-10-05 00:54:01
Document Modified: 2017-10-05 00:54:01
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 46482
82 FR 46482 - Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry And Security

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

DEPARTMENT OF COMMERCE
Bureau of Industry And Security
