82 FR 61537 - In the Matter of: Hunter Perry, 173 Red Hawk Drive, Vine Grove, KY 40175; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 248 (December 28, 2017)

Page Range		61537-61538
FR Document		2017-28005

Federal Register, Volume 82 Issue 248 (Thursday, December 28, 2017)

[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61537-61538]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28005]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Hunter Perry, 173 Red Hawk Drive, Vine Grove, 
KY 40175; Order Denying Export Privileges

    On July 20, 2016, in the U.S. District Court for the Western 
District of Kentucky, Hunter Perry (``Perry'') was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Specifically, Perry was convicted of knowingly and 
willfully exporting or causing to be exported from the United States to 
the United Kingdom defense articles on the United States Munitions 
List, without the required U.S. Department of State licenses, 
including, inter alia, a D-760 night vision scope, a PAS-13 thermal 
scope, a PAS-23 mini-thermal scope, and a PVS-15 night vision 
binocular. Perry was sentenced to one day in prison, one year of 
supervised release, and a special assessment of $500.
    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 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 Perry's conviction for violating Section 
38 of the AECA, and has provided notice and an opportunity for Perry to 
make a written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Perry.

[[Page 61538]]

    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 Perry's export privileges under the Regulations 
for a period of five years from the date of Perry's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Perry had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until July 20, 2021, Hunter 
Perry, with a last known address of 173 Red Hawk Drive, Vine Grove, KY 
40175, 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 Perry 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, Perry 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 Perry and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until July 20, 2021.

    Issued this 19th day of December 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-28005 Filed 12-27-17; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices 61537

Gonzalez’s export privileges under the D. Obtain from the Denied Person in Perry was convicted of knowingly and
Regulations for a period of 10 years from the United States any item subject to the willfully exporting or causing to be
the date of Esequiel-Gonzalez’s Regulations with knowledge or reason exported from the United States to the
conviction. I have also decided to to know that the item will be, or is United Kingdom defense articles on the
revoke all licenses issued pursuant to intended to be, exported from the United States Munitions List, without
the Act or Regulations in which United States; or the required U.S. Department of State
Esequiel-Gonzalez had an interest at the E. Engage in any transaction to service licenses, including, inter alia, a D–760
time of his conviction. any item subject to the Regulations that night vision scope, a PAS–13 thermal
Accordingly, it is hereby ordered: has been or will be exported from the scope, a PAS–23 mini-thermal scope,
First, from the date of this Order until United States and which is owned, and a PVS–15 night vision binocular.
August 30, 2026, Joseph Esequiel- possessed or controlled by the Denied Perry was sentenced to one day in
Gonzalez, with a last known address of Person, or service any item, of whatever prison, one year of supervised release,
Inmate Number 04655–479, FCI Bastrop origin, that is owned, possessed or and a special assessment of $500.
Federal Correctional Institution, P.O. controlled by the Denied Person if such Section 766.25 of the Export
Box 1010, Bastrop, TX 78602, and when service involves the use of any item Administration Regulations (‘‘EAR’’ or
acting for or on his behalf, his subject to the Regulations that has been ‘‘Regulations’’) 1 provides, in pertinent
successors, assigns, employees, agents or will be exported from the United part, that ‘‘[t]he Director of the Office of
or representatives (‘‘the Denied States. For purposes of this paragraph, Exporter Services, in consultation with
Person’’), may not, directly or indirectly, servicing means installation, the Director of the Office of Export
participate in any way in any maintenance, repair, modification or Enforcement, may deny the export
transaction involving any commodity, testing. privileges of any person who has been
software or technology (hereinafter Third, after notice and opportunity for convicted of a violation of the EAA
collectively referred to as ‘‘item’’) comment as provided in Section 766.23 [Export Administration Act], the EAR,
exported or to be exported from the of the Regulations, any other person, or any order, license, or authorization
United States that is subject to the firm, corporation, or business issued thereunder; any regulation,
Regulations, including, but not limited organization related to Esequiel- license or order issued under the
to: Gonzalez by ownership, control, International Emergency Economic
A. Applying for, obtaining, or using position of responsibility, affiliation, or Powers Act (50 U.S.C. 1701–1706); 18
any license, license exception, or export other connection in the conduct of trade U.S.C. 793, 794 or 798; section 4(b) of
control document; or business may also be made subject to the Internal Security Act of 1950 (50
B. Carrying on negotiations the provisions of this Order in order to U.S.C. 783(b)); or section 38 of the Arms
concerning, or ordering, buying, prevent evasion of this Order. Export Control Act (22 U.S.C. 2778).’’ 15
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of CFR 766.25(a); see also Section 11(h) of
storing, disposing of, forwarding, the Regulations, Esequiel-Gonzalez may the EAA, 50 U.S.C. 4610(h). The denial
transporting, financing, or otherwise file an appeal of this Order with the of export privileges under this provision
servicing in any way, any transaction Under Secretary of Commerce for may be for a period of up to 10 years
involving any item exported or to be Industry and Security. The appeal must from the date of the conviction. 15 CFR
exported from the United States that is be filed within 45 days from the date of 766.25(d); see also 50 U.S.C. 4610(h). In
subject to the Regulations, or engaging this Order and must comply with the addition, Section 750.8 of the
in any other activity subject to the provisions of Part 756 of the Regulations states that the Bureau of
Regulations; or Regulations. Industry and Security’s Office of
C. Benefitting in any way from any Fifth, a copy of this Order shall be Exporter Services may revoke any
transaction involving any item exported delivered to Esequiel-Gonzalez and Bureau of Industry and Security (‘‘BIS’’)
or to be exported from the United States shall be published in the Federal licenses previously issued pursuant to
that is subject to the Regulations, or Register. the Export Administration Act (‘‘EAA’’
from any other activity subject to the Sixth, this Order is effective or ‘‘the Act’’) or the Regulations in
Regulations. immediately and shall remain in effect which the person had an interest at the
Second, no person may, directly or until August 30, 2026. time of his/her conviction.
indirectly, do any of the following: BIS has received notice of Perry’s
Issued this 19th day of December 2017.
A. Export or reexport to or on behalf conviction for violating Section 38 of
of the Denied Person any item subject to Karen H. Nies-Vogel, the AECA, and has provided notice and
the Regulations; Director, Office of Exporter Services. an opportunity for Perry to make a
B. Take any action that facilitates the [FR Doc. 2017–28006 Filed 12–27–17; 8:45 am] written submission to BIS, as provided
acquisition or attempted acquisition by BILLING CODE P in Section 766.25 of the Regulations.
the Denied Person of the ownership, BIS has not received a submission from
possession, or control of any item Perry.
subject to the Regulations that has been DEPARTMENT OF COMMERCE
or will be exported from the United 1 The Regulations are currently codified in the

States, including financing or other Bureau of Industry and Security Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the
support activities related to a In the Matter of: Hunter Perry, 173 Red Export Administration Act (50 U.S.C. 4601–4623
transaction whereby the Denied Person Hawk Drive, Vine Grove, KY 40175; (Supp. III 2015) (available at http://
sradovich on DSK3GMQ082PROD with NOTICES

acquires or attempts to acquire such Order Denying Export Privileges
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
ownership, possession or control; August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
C. Take any action to acquire from or On July 20, 2016, in the U.S. District 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
to facilitate the acquisition or attempted Court for the Western District of has been extended by successive Presidential
acquisition from the Denied Person of Kentucky, Hunter Perry (‘‘Perry’’) was Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
any item subject to the Regulations that convicted of violating Section 38 of the the Regulations in effect under the International
has been exported from the United Arms Export Control Act (22 U.S.C. Emergency Economic Powers Act (50 U.S.C. 1701,
States; 2778 (2012)) (‘‘AECA’’). Specifically, et seq. (2012)).

VerDate Sep<11>2014 18:14 Dec 27, 2017 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\28DEN1.SGM 28DEN1

61538 Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices

Based upon my review and has been exported from the United (‘‘Trevino-Moncivais’’) was convicted of
consultations with BIS’s Office of States; violating Section 38 of the Arms Export
Export Enforcement, including its D. Obtain from the Denied Person in Control Act (22 U.S.C. 2778 (2012))
Director, and the facts available to BIS, the United States any item subject to the (‘‘AECA’’). Specifically, Trevino-
I have decided to deny Perry’s export Regulations with knowledge or reason Moncivais was convicted of knowingly
privileges under the Regulations for a to know that the item will be, or is and willfully aiding and abetting the
period of five years from the date of intended to be, exported from the export, attempting to export, and
Perry’s conviction. I have also decided United States; or causing to be exported from the United
to revoke all licenses issued pursuant to E. Engage in any transaction to service States to Mexico defense articles
the Act or Regulations in which Perry any item subject to the Regulations that designated on the United States
had an interest at the time of his has been or will be exported from the Munitions List, namely two .22 caliber
conviction. United States and which is owned, rifles, a .223 caliber rifle, three .270
Accordingly, it is hereby ordered: possessed or controlled by the Denied caliber rifles, a .308 caliber rifle, a
First, from the date of this Order until Person, or service any item, of whatever 7MM–08 caliber rifle, three .22 caliber
July 20, 2021, Hunter Perry, with a last origin, that is owned, possessed or pistols, a .380 caliber pistol and
known address of 173 Red Hawk Drive, controlled by the Denied Person if such approximately 1,570 rounds of
Vine Grove, KY 40175, and when acting service involves the use of any item ammunition of various calibers, without
for or on his behalf, his successors, subject to the Regulations that has been the required U.S. Department of State
assigns, employees, agents or or will be exported from the United licenses. Trevino-Moncivais was
representatives (‘‘the Denied Person’’), States. For purposes of this paragraph, sentenced to 36 months in prison and a
may not, directly or indirectly, servicing means installation, special assessment of $100.
participate in any way in any maintenance, repair, modification or
transaction involving any commodity, testing. Section 766.25 of the Export
software or technology (hereinafter Third, after notice and opportunity for Administration Regulations (‘‘EAR’’ or
collectively referred to as ‘‘item’’) comment as provided in Section 766.23 ‘‘Regulations’’) 1 provides, in pertinent
exported or to be exported from the of the Regulations, any other person, part, that ‘‘[t]he Director of the Office of
United States that is subject to the firm, corporation, or business Exporter Services, in consultation with
Regulations, including, but not limited organization related to Perry by the Director of the Office of Export
to: ownership, control, position of Enforcement, may deny the export
A. Applying for, obtaining, or using responsibility, affiliation, or other privileges of any person who has been
any license, license exception, or export connection in the conduct of trade or convicted of a violation of the EAA
control document; business may also be made subject to [Export Administration Act], the EAR,
B. Carrying on negotiations the provisions of this Order in order to or any order, license, or authorization
concerning, or ordering, buying, prevent evasion of this Order. issued thereunder; any regulation,
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of license or order issued under the
storing, disposing of, forwarding, the Regulations, Perry may file an International Emergency Economic
transporting, financing, or otherwise appeal of this Order with the Under Powers Act (50 U.S.C. 1701–1706); 18
servicing in any way, any transaction Secretary of Commerce for Industry and U.S.C. 793, 794 or 798; section 4(b) of
involving any item exported or to be Security. The appeal must be filed the Internal Security Act of 1950 (50
exported from the United States that is within 45 days from the date of this U.S.C. 783(b)); or section 38 of the Arms
subject to the Regulations, or engaging Order and must comply with the Export Control Act (22 U.S.C. 2778).’’ 15
in any other activity subject to the provisions of Part 756 of the CFR 766.25(a); see also Section 11(h) of
Regulations; or Regulations. the EAA, 50 U.S.C. 4610(h). The denial
C. Benefitting in any way from any Fifth, a copy of this Order shall be of export privileges under this provision
transaction involving any item exported delivered to Perry and shall be may be for a period of up to 10 years
or to be exported from the United States published in the Federal Register. from the date of the conviction. 15 CFR
that is subject to the Regulations, or Sixth, this Order is effective 766.25(d); see also 50 U.S.C. 4610(h). In
from any other activity subject to the immediately and shall remain in effect addition, Section 750.8 of the
Regulations. until July 20, 2021. Regulations states that the Bureau of
Second, no person may, directly or Issued this 19th day of December 2017. Industry and Security’s Office of
indirectly, do any of the following: Exporter Services may revoke any
Karen H. Nies-Vogel,
A. Export or reexport to or on behalf
Director, Office of Exporter Services. Bureau of Industry and Security (‘‘BIS’’)
of the Denied Person any item subject to
[FR Doc. 2017–28005 Filed 12–27–17; 8:45 am] licenses previously issued pursuant to
the Regulations;
B. Take any action that facilitates the BILLING CODE P
the Export Administration Act (‘‘EAA’’
acquisition or attempted acquisition by or ‘‘the Act’’) or the Regulations in
the Denied Person of the ownership,
possession, or control of any item DEPARTMENT OF COMMERCE 1 The Regulations are currently codified in the

Code of Federal Regulations at 15 CFR parts 730–
subject to the Regulations that has been 774 (2017). The Regulations issued pursuant to the
or will be exported from the United Bureau of Industry and Security
Export Administration Act (50 U.S.C. 4601–4623
States, including financing or other In the Matter of: Gerardo Trevino-
(Supp. III 2015) (available at http://
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
sradovich on DSK3GMQ082PROD with NOTICES

support activities related to a Moncivais, Inmate Number: 13375–479, August 21, 2001, the Act has been in lapse and the
transaction whereby the Denied Person D. Ray James Correctional Institution, President, through Executive Order 13222 of August
acquires or attempts to acquire such P.O. Box 2000, Folkston, GA 31537; 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
ownership, possession or control; Order Denying Export Privileges
has been extended by successive Presidential
C. Take any action to acquire from or Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
to facilitate the acquisition or attempted On October 18, 2016, in the U.S. the Regulations in effect under the International
acquisition from the Denied Person of District Court for the Southern District Emergency Economic Powers Act (50 U.S.C. 1701,
any item subject to the Regulations that of Texas, Gerardo Trevino-Moncivais et seq. (2012)).

VerDate Sep<11>2014 18:14 Dec 27, 2017 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\28DEN1.SGM 28DEN1

Document Created: 2017-12-28 00:43:29
Document Modified: 2017-12-28 00:43:29

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 61537

82 FR 61537 - In the Matter of: Hunter Perry, 173 Red Hawk Drive, Vine Grove, KY 40175; Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 248 (December 28, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security