83 FR 16287 - In the Matter of: Peter Steve Plesinger, Inmate Number: 28514-408, FCI Terminal Island, P.O. Box 3007, San Pedro, CA 90733

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 83, Issue 73 (April 16, 2018)

Page Range		16287-16288
FR Document		2018-07804

Federal Register, Volume 83 Issue 73 (Monday, April 16, 2018)

[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16287-16288]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07804]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Peter Steve Plesinger, Inmate Number: 28514-
408, FCI Terminal Island, P.O. Box 3007, San Pedro, CA 90733

Order Denying Export Privileges

    On April 26, 2017, in the U.S. District Court for the District of 
Arizona, Peter Steve Plesinger (``Plesinger'') was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''), among other crimes. Specifically, Plesinger was 
convicted of knowingly and willfully exporting and causing to be 
exported from the United States to Hong Kong two Ruger SR22 semi-
automatic pistols, two silencers, and 1000 rounds of ammunition, which 
are items designated as defense articles on the United States Munitions 
List, without the required U.S. Department of State licenses. Plesinger 
was sentenced to 87 months in prison, with credit for time served, 
three years of supervised release and a $300 special assessment, and 
ordered to forfeit $64,500 to the United States.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent

[[Page 16288]]

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 Export Administration Act 
(``EAA'' or ``the Act''), 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 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 Plesinger's conviction for violating 
Section 38 of the AECA, and has provided notice and an opportunity for 
Plesinger to make a written submission to BIS, as provided in Section 
766.25 of the Regulations. BIS has not received a submission from 
Plesinger.
    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 Plesinger's export privileges under the 
Regulations for a period of 10 years from the date of Plesinger's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Plesinger had an interest at the 
time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until April 26, 2027, Peter 
Steve Plesinger, with a last known address of Inmate Number: 28514-408, 
FCI Terminal Island, P.O. Box 3007, San Pedro, CA 90733, 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 Plesinger 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, Plesinger 
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 Plesinger and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until April 26, 2027.

    Issued this 6th day of April, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-07804 Filed 4-13-18; 8:45 am]
BILLING CODE P

Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices 16287

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, Smith 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 Export Administration Act (‘‘EAA’’ C. Benefitting in any way from any Fifth, a copy of this Order shall be
or ‘‘the Act’’), 50 U.S.C. 4610(h). The transaction involving any item exported delivered to Smith and shall be
denial of export privileges under this or to be exported from the United States published in the Federal Register.
provision may be for a period of up to that is subject to the Regulations, or Sixth, this Order is effective
10 years from the date of the conviction. from any other activity subject to the immediately and shall remain in effect
15 CFR 766.25(d); see also 50 U.S.C. Regulations. until April 13, 2027.
4610(h). In addition, Section 750.8 of Second, no person may, directly or Issued this 6th day of April, 2018.
the 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. 2018–07802 Filed 4–13–18; 8:45 am]
Bureau of Industry and Security (‘‘BIS’’) the Regulations;
B. Take any action that facilitates the BILLING CODE P
licenses previously issued pursuant to
acquisition or attempted acquisition by
the Act or the Regulations in which the
the Denied Person of the ownership,
person had an interest at the time of his/ DEPARTMENT OF COMMERCE
possession, or control of any item
her conviction.
subject to the Regulations that has been Bureau of Industry and Security
BIS has received notice of Smith’s or will be exported from the United
conviction for violating Section 38 of States, including financing or other In the Matter of: Peter Steve Plesinger,
the AECA, and has provided notice and support activities related to a Inmate Number: 28514–408, FCI
an opportunity for Smith to make a transaction whereby the Denied Person Terminal Island, P.O. Box 3007, San
written submission to BIS, as provided acquires or attempts to acquire such Pedro, CA 90733
in Section 766.25 of the Regulations. ownership, possession or control;
BIS has not received a submission from C. Take any action to acquire from or Order Denying Export Privileges
Smith. to facilitate the acquisition or attempted On April 26, 2017, in the U.S. District
Based upon my review and acquisition from the Denied Person of Court for the District of Arizona, Peter
consultations with BIS’s Office of any item subject to the Regulations that Steve Plesinger (‘‘Plesinger’’) was
Export Enforcement, including its has been exported from the United convicted of violating Section 38 of the
Director, and the facts available to BIS, States; Arms Export Control Act (22 U.S.C.
I have decided to deny Smith’s export D. Obtain from the Denied Person in 2778 (2012)) (‘‘AECA’’), among other
privileges under the Regulations for a the United States any item subject to the crimes. Specifically, Plesinger was
period of 10 years from the date of Regulations with knowledge or reason convicted of knowingly and willfully
Smith’s conviction. I have also decided to know that the item will be, or is exporting and causing to be exported
to revoke all licenses issued pursuant to intended to be, exported from the from the United States to Hong Kong
the Act or Regulations in which Smith United States; or two Ruger SR22 semi-automatic pistols,
had an interest at the time of his E. Engage in any transaction to service two silencers, and 1000 rounds of
conviction. any item subject to the Regulations that ammunition, which are items
has been or will be exported from the designated as defense articles on the
Accordingly, it is hereby ordered: United States and which is owned, United States Munitions List, without
First, from the date of this Order until possessed or controlled by the Denied the required U.S. Department of State
April 13, 2027, Stephen Edward Smith, Person, or service any item, of whatever licenses. Plesinger was sentenced to 87
with a last known address of Inmate origin, that is owned, possessed or months in prison, with credit for time
Number: 30819–408, FCI LA Tuna, P.O. controlled by the Denied Person if such served, three years of supervised release
Box 3000, Anthony, NM 88021, and service involves the use of any item and a $300 special assessment, and
when acting for or on his behalf, his subject to the Regulations that has been ordered to forfeit $64,500 to the United
successors, assigns, employees, agents or will be exported from the United States.
or representatives (‘‘the Denied States. For purposes of this paragraph, Section 766.25 of the Export
Person’’), may not, directly or indirectly, servicing means installation, Administration Regulations (‘‘EAR’’ or
participate in any way in any maintenance, repair, modification or
srobinson on DSK3G9T082PROD with NOTICES

‘‘Regulations’’) 1 provides, in pertinent
transaction involving any commodity, testing.
software or technology (hereinafter Third, after notice and opportunity for 1 The Regulations are currently codified in the

collectively referred to as ‘‘item’’) comment as provided in Section 766.23 Code of Federal Regulations at 15 CFR parts 730–
exported or to be exported from the of the Regulations, any other person, 774 (2017). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. 4601–4623
United States that is subject to the firm, corporation, or business (Supp. III 2015) (available at http://
Regulations, including, but not limited organization related to Smith by uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
to: ownership, control, position of Continued

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16288 Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices

part, that ‘‘[t]he Director of the Office of employees, agents or representatives States. For purposes of this paragraph,
Exporter Services, in consultation with (‘‘the Denied Person’’), may not, directly servicing means installation,
the Director of the Office of Export or indirectly, participate in any way in maintenance, repair, modification or
Enforcement, may deny the export any transaction involving any testing.
privileges of any person who has been commodity, software or technology Third, after notice and opportunity for
convicted of a violation of the EAA (hereinafter collectively referred to as comment as provided in Section 766.23
[Export Administration Act], the EAR, ‘‘item’’) exported or to be exported from of the Regulations, any other person,
or any order, license, or authorization the United States that is subject to the firm, corporation, or business
issued thereunder; any regulation, Regulations, including, but not limited organization related to Plesinger by
license or order issued under the to: ownership, control, position of
International Emergency Economic A. Applying for, obtaining, or using responsibility, affiliation, or other
Powers Act (50 U.S.C. 1701–1706); 18 any license, license exception, or export connection in the conduct of trade or
U.S.C. 793, 794 or 798; section 4(b) of control document; 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,
storing, disposing of, forwarding, Fourth, in accordance with Part 756 of
CFR 766.25(a); see also Section 11(h) of
transporting, financing, or otherwise the Regulations, Plesinger may file an
the Export Administration Act (‘‘EAA’’
servicing in any way, any transaction appeal of this Order with the Under
or ‘‘the Act’’), 50 U.S.C. 4610(h). The
involving any item exported or to be Secretary of Commerce for Industry and
denial of export privileges under this
exported from the United States that is Security. The appeal must be filed
provision may be for a period of up to
subject to the Regulations, or engaging within 45 days from the date of this
10 years from the date of the conviction.
in any other activity subject to the Order and must comply with the
15 CFR 766.25(d); see also 50 U.S.C.
Regulations; or provisions of Part 756 of the
4610(h). In addition, Section 750.8 of
C. Benefitting in any way from any Regulations.
the Regulations states that the Bureau of
Industry and Security’s Office of transaction involving any item exported Fifth, a copy of this Order shall be
Exporter Services may revoke any or to be exported from the United States delivered to Plesinger and shall be
Bureau of Industry and Security (‘‘BIS’’) that is subject to the Regulations, or published in the Federal Register.
licenses previously issued pursuant to from any other activity subject to the Sixth, this Order is effective
the Act or the Regulations in which the Regulations. immediately and shall remain in effect
person had an interest at the time of his/ Second, no person may, directly or until April 26, 2027.
her conviction. indirectly, do any of the following:
A. Export or reexport to or on behalf Issued this 6th day of April, 2018.
BIS has received notice of Plesinger’s Karen H. Nies-Vogel,
conviction for violating Section 38 of of the Denied Person any item subject to
the AECA, and has provided notice and the Regulations; Director, Office of Exporter Services.
B. Take any action that facilitates the [FR Doc. 2018–07804 Filed 4–13–18; 8:45 am]
an opportunity for Plesinger to make a
acquisition or attempted acquisition by BILLING CODE P
written submission to BIS, as provided
the Denied Person of the ownership,
in Section 766.25 of the Regulations.
possession, or control of any item
BIS has not received a submission from
subject to the Regulations that has been DEPARTMENT OF COMMERCE
Plesinger.
or will be exported from the United
Based upon my review and Bureau of Industry and Security
States, including financing or other
consultations with BIS’s Office of
support activities related to a
Export Enforcement, including its In the Matter of: Earl Henry Richmond,
transaction whereby the Denied Person
Director, and the facts available to BIS, 2731 E Eba Court, Green Valley, AZ
acquires or attempts to acquire such
I have decided to deny Plesinger’s 85614; Order Denying Export
ownership, possession or control;
export privileges under the Regulations C. Take any action to acquire from or Privileges
for a period of 10 years from the date of to facilitate the acquisition or attempted
Plesinger’s conviction. I have also acquisition from the Denied Person of On December 2, 2016, in the U.S.
decided to revoke all licenses issued any item subject to the Regulations that District Court for the District of Arizona,
pursuant to the Act or Regulations in has been exported from the United Earl Henry Richmond (‘‘Richmond’’)
which Plesinger had an interest at the States; was convicted of violating Section 38 of
time of his conviction. D. Obtain from the Denied Person in the Arms Export Control Act (22 U.S.C.
Accordingly, it is hereby ordered: the United States any item subject to the 2778 (2012)) (‘‘AECA’’). Specifically,
First, from the date of this Order until Regulations with knowledge or reason Richmond was convicted of knowingly
April 26, 2027, Peter Steve Plesinger, to know that the item will be, or is and intentionally conspiring with others
with a last known address of Inmate intended to be, exported from the to knowingly and willfully export from
Number: 28514–408, FCI Terminal United States; or the United States to Hong Kong
Island, P.O. Box 3007, San Pedro, CA E. Engage in any transaction to service ammunition and firearms designated as
90733, and when acting for or on his any item subject to the Regulations that defense articles on the United States
behalf, his successors, assigns, has been or will be exported from the Munitions List, including .22 and, 223
United States and which is owned, caliber ammunition and a Ruger 10/20
srobinson on DSK3G9T082PROD with NOTICES

August 21, 2001, the Act has been in lapse and the rifle, without the required U.S.
President, through Executive Order 13222 of August
possessed or controlled by the Denied
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which Person, or service any item, of whatever Department of State licenses. Richmond
has been extended by successive Presidential origin, that is owned, possessed or was sentenced to probation for a term of
Notices, the most recent being that of August 15, controlled by the Denied Person if such three years, a fine of $2,000 and a $100
2017 (82 FR 39005 (Aug. 16, 2017)), has continued special assessment.
the Regulations in effect under the International
service involves the use of any item
Emergency Economic Powers Act (50 U.S.C. 1701, subject to the Regulations that has been Section 766.25 of the Export
et seq. (2012)). or will be exported from the United Administration Regulations (‘‘EAR’’ or

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Document Created: 2018-04-14 02:19:36
Document Modified: 2018-04-14 02:19:36

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		83 FR 16287

83 FR 16287 - In the Matter of: Peter Steve Plesinger, Inmate Number: 28514-408, FCI Terminal Island, P.O. Box 3007, San Pedro, CA 90733

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 83, Issue 73 (April 16, 2018)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security