82 FR 61539 - In the Matter of: Papa Faal, 6308 Decatur Avenue North, Brooklyn Park, MN 55428; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

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

Page Range		61539-61540
FR Document		2017-28004

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

[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61539-61540]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28004]


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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Papa Faal, 6308 Decatur Avenue North, Brooklyn 
Park, MN 55428; Order Denying Export Privileges

    On May 12, 2016, in the U.S. District Court for the District of 
Minnesota, Papa Faal (``Faal'') was convicted of violating Section 38 
of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). 
Specifically, Faal was convicted of knowingly and willfully conspiring 
to export from the United States to Gambia semi-automatic rifles 
designated as defense articles on the United States Munitions List, 
without the required U.S. Department of State licenses. Faal was 
sentenced to time served, three years of supervised release, and a $200 
assessment.
    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

[[Page 61540]]

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.
---------------------------------------------------------------------------

    \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 Faal's conviction for violating Section 
38 of the AECA, and has provided notice and an opportunity for Faal to 
make a written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Faal.
    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 Faal's export privileges under the Regulations for 
a period of ten (10) years from the date of Faal's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Faal had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until May 12, 2026, Papa Faal, 
with a last known address of 6308 Decatur Avenue North, Brooklyn Park, 
MN 55428, 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 Faal 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, Faal 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 Faal and shall be 
published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until May 12, 2026.

    Issued this 19th day of December 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-28004 Filed 12-27-17; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices 61539

which the person had an interest at the B. Take any action that facilitates the Issued this 19th day of December 2017.
time of his/her conviction. acquisition or attempted acquisition by Karen H. Nies-Vogel,
BIS has received notice of Trevino- the Denied Person of the ownership, Director, Office of Exporter Services.
Moncivais’s conviction for violating possession, or control of any item [FR Doc. 2017–28003 Filed 12–27–17; 8:45 am]
Section 38 of the AECA, and has subject to the Regulations that has been BILLING CODE P
provided notice and an opportunity for or will be exported from the United
Trevino-Moncivais to make a written States, including financing or other
submission to BIS, as provided in support activities related to a DEPARTMENT OF COMMERCE
Section 766.25 of the Regulations. BIS transaction whereby the Denied Person
has not received a submission from acquires or attempts to acquire such Bureau of Industry and Security
Trevino-Moncivais. ownership, possession or control;
Based upon my review and In the Matter of: Papa Faal, 6308
C. Take any action to acquire from or Decatur Avenue North, Brooklyn Park,
consultations with BIS’s Office of
to facilitate the acquisition or attempted MN 55428; Order Denying Export
Export Enforcement, including its
acquisition from the Denied Person of Privileges
Director, and the facts available to BIS,
any item subject to the Regulations that
I have decided to deny Trevino- On May 12, 2016, in the U.S. District
has been exported from the United
Moncivais’s export privileges under the Court for the District of Minnesota, Papa
States;
Regulations for a period of 10 years from Faal (‘‘Faal’’) was convicted of violating
the date of Trevino-Moncivais’s D. Obtain from the Denied Person in Section 38 of the Arms Export Control
conviction. I have also decided to the United States any item subject to the Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
revoke all licenses issued pursuant to Regulations with knowledge or reason Specifically, Faal was convicted of
the Act or Regulations in which to know that the item will be, or is knowingly and willfully conspiring to
Trevino-Moncivais had an interest at the intended to be, exported from the export from the United States to Gambia
time of his conviction. United States; or semi-automatic rifles designated as
Accordingly, it is hereby ordered: E. Engage in any transaction to service defense articles on the United States
First, from the date of this Order until any item subject to the Regulations that Munitions List, without the required
October 18, 2026, Gerardo Trevino- has been or will be exported from the U.S. Department of State licenses. Faal
Moncivais, with a last known address of United States and which is owned, was sentenced to time served, three
Inmate Number 13375–479, D. Ray possessed or controlled by the Denied years of supervised release, and a $200
James Correctional Institution, P.O. Box Person, or service any item, of whatever assessment.
2000, Folkston, GA 31537, and when origin, that is owned, possessed or Section 766.25 of the Export
acting for or on his behalf, his controlled by the Denied Person if such Administration Regulations (‘‘EAR’’ or
successors, assigns, employees, agents ‘‘Regulations’’) 1 provides, in pertinent
service involves the use of any item
or representatives (‘‘the Denied part, that ‘‘[t]he Director of the Office of
subject to the Regulations that has been
Person’’), may not, directly or indirectly, Exporter Services, in consultation with
or will be exported from the United
participate in any way in any the Director of the Office of Export
States. For purposes of this paragraph,
transaction involving any commodity, Enforcement, may deny the export
servicing means installation,
software or technology (hereinafter privileges of any person who has been
maintenance, repair, modification or convicted of a violation of the EAA
collectively referred to as ‘‘item’’)
testing. [Export Administration Act], the EAR,
exported or to be exported from the
United States that is subject to the Third, after notice and opportunity for or any order, license, or authorization
Regulations, including, but not limited comment as provided in Section 766.23 issued thereunder; any regulation,
to: of the Regulations, any other person, license or order issued under the
A. Applying for, obtaining, or using firm, corporation, or business International Emergency Economic
any license, license exception, or export organization related to Trevino- Powers Act (50 U.S.C. 1701–1706); 18
control document; Moncivais by ownership, control, U.S.C. 793, 794 or 798; section 4(b) of
B. Carrying on negotiations position of responsibility, affiliation, or the Internal Security Act of 1950 (50
concerning, or ordering, buying, other connection in the conduct of trade U.S.C. 783(b)); or section 38 of the Arms
receiving, using, selling, delivering, or business may also be made subject to Export Control Act (22 U.S.C. 2778).’’ 15
storing, disposing of, forwarding, the provisions of this Order in order to CFR 766.25(a); see also Section 11(h) of
transporting, financing, or otherwise prevent evasion of this Order. the EAA, 50 U.S.C. 4610(h). The denial
servicing in any way, any transaction Fourth, in accordance with Part 756 of of export privileges under this provision
involving any item exported or to be the Regulations, Trevino-Moncivais may may be for a period of up to 10 years
exported from the United States that is file an appeal of this Order with the from the date of the conviction. 15 CFR
subject to the Regulations, or engaging Under Secretary of Commerce for 766.25(d); see also 50 U.S.C. 4610(h). In
in any other activity subject to the Industry and Security. The appeal must
Regulations; or be filed within 45 days from the date of
1 The Regulations are currently codified in the

Code of Federal Regulations at 15 CFR parts 730–
C. Benefitting in any way from any this Order and must comply with the 774 (2017). The Regulations issued pursuant to the
transaction involving any item exported provisions of Part 756 of the Export Administration Act (50 U.S.C. 4601–4623
or to be exported from the United States Regulations. (Supp. III 2015) (available at http://
that is subject to the Regulations, or uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
sradovich on DSK3GMQ082PROD with NOTICES

from any other activity subject to the Fifth, a copy of this Order shall be August 21, 2001, the Act has been in lapse and the
delivered to Trevino-Moncivais and President, through Executive Order 13222 of August
Regulations. 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
Second, no person may, directly or shall be published in the Federal has been extended by successive Presidential
indirectly, do any of the following: Register. Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
A. Export or reexport to or on behalf Sixth, this Order is effective the Regulations in effect under the International
of the Denied Person any item subject to immediately and shall remain in effect Emergency Economic Powers Act (50 U.S.C. 1701,
the Regulations; until October 18, 2026. et seq. (2012)).

VerDate Sep<11>2014 18:14 Dec 27, 2017 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\28DEN1.SGM 28DEN1

61540 Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices

addition, Section 750.8 of the Second, no person may, directly or Issued this 19th day of December 2017.
Regulations states that the Bureau of indirectly, do any of the following: Karen H. Nies-Vogel,
Industry and Security’s Office of A. Export or reexport to or on behalf Director, Office of Exporter Services.
Exporter Services may revoke any of the Denied Person any item subject to [FR Doc. 2017–28004 Filed 12–27–17; 8:45 am]
Bureau of Industry and Security (‘‘BIS’’) the Regulations; BILLING CODE P
licenses previously issued pursuant to B. Take any action that facilitates the
the Export Administration Act (‘‘EAA’’ acquisition or attempted acquisition by
or ‘‘the Act’’), or pursuant to the the Denied Person of the ownership, DEPARTMENT OF COMMERCE
Regulations in which the person had an possession, or control of any item
interest at the time of his/her subject to the Regulations that has been Bureau of Industry and Security
conviction. or will be exported from the United [17–BIS–0002]
BIS has received notice of Faal’s States, including financing or other
conviction for violating Section 38 of support activities related to a In the Matter of: Saeid Yahya
the AECA, and has provided notice and transaction whereby the Denied Person Charkhian, Villa 5, Street 1, Arabian
an opportunity for Faal to make a acquires or attempts to acquire such Ranches, Dubai, United Arab Emirates,
written submission to BIS, as provided ownership, possession or control; and Caspian Industrial Machinery
in Section 766.25 of the Regulations. C. Take any action to acquire from or Supply LLC, No. 2509 Churchill
BIS has not received a submission from to facilitate the acquisition or attempted Executive Tower, Business Bay, Dubai,
Faal. acquisition from the Denied Person of United Arab Emirates, Attention: Saeid
Based upon my review and any item subject to the Regulations that Yahya Charkhian; Respondents; Order
consultations with BIS’s Office of has been exported from the United Relating to Saeid Yahya Charkhian and
Export Enforcement, including its States; Caspian Industrial Machinery Supply
Director, and the facts available to BIS, D. Obtain from the Denied Person in LLC
I have decided to deny Faal’s export the United States any item subject to the
privileges under the Regulations for a The Bureau of Industry and Security,
Regulations with knowledge or reason
period of ten (10) years from the date of U.S. Department of Commerce (‘‘BIS’’),
to know that the item will be, or is
Faal’s conviction. I have also decided to has notified Saeid Yahya Charkhian, of
intended to be, exported from the
revoke all licenses issued pursuant to Dubai, United Arab Emirates
United States; or
the Act or Regulations in which Faal (‘‘Charkhian’’), and Caspian Industrial
E. Engage in any transaction to service
had an interest at the time of his Machinery Supply LLC of Dubai, United
any item subject to the Regulations that
conviction. Arab Emirates (‘‘Caspian’’) (collectively
has been or will be exported from the
the ‘‘Respondents’’), that it has initiated
Accordingly, it is hereby ordered: United States and which is owned,
an administrative proceeding against
First, from the date of this Order until possessed or controlled by the Denied
Respondents pursuant to Section 766.3
May 12, 2026, Papa Faal, with a last Person, or service any item, of whatever
of the Export Administration
known address of 6308 Decatur Avenue origin, that is owned, possessed or
Regulations (the ‘‘Regulations’’),1 and
North, Brooklyn Park, MN 55428, and controlled by the Denied Person if such
Section 13(c) of the Export
when acting for or on his behalf, his service involves the use of any item
Administration Act of 1979, as amended
successors, assigns, employees, agents subject to the Regulations that has been
(the ‘‘Act’’),2 through the issuance of a
or representatives (‘‘the Denied or will be exported from the United
Charging Letter to Respondents that
Person’’), may not, directly or indirectly, States. For purposes of this paragraph,
allege that Charkhian committed four (4)
participate in any way in any servicing means installation,
violations of the Regulations and
transaction involving any commodity, maintenance, repair, modification or
Caspian committed three (3) violations
software or technology (hereinafter testing.
of the Regulations. Specifically, the
collectively referred to as ‘‘item’’) Third, after notice and opportunity for
charges are:
exported or to be exported from the comment as provided in Section 766.23 As to both Charkhian and Caspian:
United States that is subject to the of the Regulations, any other person,
Regulations, including, but not limited firm, corporation, or business Charges 1–3 15 CFR 764.2(e)—Acting
to: organization related to Faal by With Knowledge
A. Applying for, obtaining, or using ownership, control, position of
any license, license exception, or export responsibility, affiliation, or other 1. On at least three occasions between on
control document; connection in the conduct of trade or or about March 27, 2012, and on or about
October 5, 2013, Charkhian and Caspian
B. Carrying on negotiations business may also be made subject to (collectively, the ‘‘Respondents’’) transferred,
concerning, or ordering, buying, the provisions of this Order in order to
receiving, using, selling, delivering, prevent evasion of this Order. 1 The Regulations are currently codified in the
storing, disposing of, forwarding, Fourth, in accordance with Part 756 of Code of Federal Regulations at 15 CFR parts 730–
transporting, financing, or otherwise the Regulations, Faal may file an appeal 774 (2017). The violations alleged occurred in
servicing in any way, any transaction of this Order with the Under Secretary 2012–2013. The Regulations governing the
violations at issue are found in the 2012–2013
involving any item exported or to be of Commerce for Industry and Security. version of the Code of Federal Regulations, 15 CFR
exported from the United States that is The appeal must be filed within 45 days parts 730–774 (2012–2013). The 2017 Regulations
subject to the Regulations, or engaging from the date of this Order and must govern the procedural aspects of this case.
2 50 U.S.C. 4601–4623 (Supp. III 2015). Since
in any other activity subject to the comply with the provisions of Part 756
sradovich on DSK3GMQ082PROD with NOTICES

August 21, 2001, the Act has been in lapse and the
Regulations; or of the Regulations. President, through Executive Order 13222 of August
C. Benefitting in any way from any Fifth, a copy of this Order shall be 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
transaction involving any item exported delivered to Faal and shall be published has been extended by successive Presidential
or to be exported from the United States in the Federal Register. Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
that is subject to the Regulations, or Sixth, this Order is effective the Regulations in effect under the International
from any other activity subject to the immediately and shall remain in effect Emergency Economic Powers Act (50 U.S.C. 1701,
Regulations. until May 12, 2026. et seq.) (2012).

VerDate Sep<11>2014 18:14 Dec 27, 2017 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\28DEN1.SGM 28DEN1

Document Created: 2017-12-28 00:44:12
Document Modified: 2017-12-28 00:44:12

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 61539

82 FR 61539 - In the Matter of: Papa Faal, 6308 Decatur Avenue North, Brooklyn Park, MN 55428; 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