83 FR 16288 - In the Matter of: Earl Henry Richmond, 2731 E Eba Court, Green Valley, AZ 85614; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

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

Page Range		16288-16289
FR Document		2018-07801

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

[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16288-16289]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07801]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Earl Henry Richmond, 2731 E Eba Court, Green 
Valley, AZ 85614; Order Denying Export Privileges

    On December 2, 2016, in the U.S. District Court for the District of 
Arizona, Earl Henry Richmond (``Richmond'') was convicted of violating 
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) 
(``AECA''). Specifically, Richmond was convicted of knowingly and 
intentionally conspiring with others to knowingly and willfully export 
from the United States to Hong Kong ammunition and firearms designated 
as defense articles on the United States Munitions List, including .22 
and, 223 caliber ammunition and a Ruger 10/20 rifle, without the 
required U.S. Department of State licenses. Richmond was sentenced to 
probation for a term of three years, a fine of $2,000 and a $100 
special assessment.
    Section 766.25 of the Export Administration Regulations (``EAR'' or

[[Page 16289]]

``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 
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.
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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)).
---------------------------------------------------------------------------

    BIS has received notice of Richmond's conviction for violating 
Section 38 of the AECA, and has provided notice and an opportunity for 
Richmond to make a written submission to BIS, as provided in Section 
766.25 of the Regulations. BIS has not received a submission from 
Richmond.
    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 Richmond's export privileges under the Regulations 
for a period of 10 years from the date of Richmond's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Richmond had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until December 2, 2026, Earl 
Henry Richmond, with a last known address of 2731 E Eba Court, Green 
Valley, AZ 85614, 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 Richmond 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, Richmond 
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 Richmond and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until December 2, 2026.

    Issued this 6th day of April 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-07801 Filed 4-13-18; 8:45 am]
BILLING CODE P

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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Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices 16289

‘‘Regulations’’) 1 provides, in pertinent Richmond, with a last known address of controlled by the Denied Person if such
part, that ‘‘[t]he Director of the Office of 2731 E Eba Court, Green Valley, AZ service involves the use of any item
Exporter Services, in consultation with 85614, and when acting for or on his subject to the Regulations that has been
the Director of the Office of Export behalf, his successors, assigns, or will be exported from the United
Enforcement, may deny the export employees, agents or representatives States. For purposes of this paragraph,
privileges of any person who has been (‘‘the Denied Person’’), may not, directly servicing means installation,
convicted of a violation of the EAA or indirectly, participate in any way in maintenance, repair, modification or
[Export Administration Act], the EAR, any transaction involving any testing.
or any order, license, or authorization commodity, software or technology Third, after notice and opportunity for
issued thereunder; any regulation, (hereinafter collectively referred to as comment as provided in Section 766.23
license or order issued under the ‘‘item’’) exported or to be exported from of the Regulations, any other person,
International Emergency Economic the United States that is subject to the firm, corporation, or business
Powers Act (50 U.S.C. 1701–1706); 18 Regulations, including, but not limited organization related to Richmond by
U.S.C. 793, 794 or 798; section 4(b) of to: ownership, control, position of
the Internal Security Act of 1950 (50 A. Applying for, obtaining, or using responsibility, affiliation, or other
U.S.C. 783(b)); or section 38 of the Arms any license, license exception, or export connection in the conduct of trade or
Export Control Act (22 U.S.C. 2778).’’ 15 control document; business may also be made subject to
CFR 766.25(a); see also Section 11(h) of B. Carrying on negotiations the provisions of this Order in order to
the Export Administration Act (‘‘EAA’’ concerning, or ordering, buying, prevent evasion of this Order.
or ‘‘the Act’’), 50 U.S.C. 4610(h). The receiving, using, selling, delivering, Fourth, in accordance with Part 756 of
denial of export privileges under this storing, disposing of, forwarding, the Regulations, Richmond may file an
provision may be for a period of up to transporting, financing, or otherwise appeal of this Order with the Under
10 years from the date of the conviction. servicing in any way, any transaction Secretary of Commerce for Industry and
15 CFR 766.25(d); see also 50 U.S.C. involving any item exported or to be Security. The appeal must be filed
4610(h). In addition, Section 750.8 of exported from the United States that is within 45 days from the date of this
the Regulations states that the Bureau of subject to the Regulations, or engaging Order and must comply with the
Industry and Security’s Office of in any other activity subject to the provisions of Part 756 of the
Exporter Services may revoke any Regulations; or Regulations.
Bureau of Industry and Security (‘‘BIS’’) C. Benefitting in any way from any Fifth, a copy of this Order shall be
licenses previously issued pursuant to transaction involving any item exported delivered to Richmond and shall be
the Act or the Regulations in which the or to be exported from the United States published in the Federal Register.
person had an interest at the time of his/ that is subject to the Regulations, or Sixth, this Order is effective
her conviction. from any other activity subject to the immediately and shall remain in effect
BIS has received notice of Richmond’s Regulations. until December 2, 2026.
conviction for violating Section 38 of Second, no person may, directly or Issued this 6th day of April 2018.
the AECA, and has provided notice and indirectly, do any of the following:
Karen H. Nies-Vogel,
an opportunity for Richmond to make a A. Export or reexport to or on behalf
written submission to BIS, as provided of the Denied Person any item subject to Director, Office of Exporter Services.
in Section 766.25 of the Regulations. the Regulations; [FR Doc. 2018–07801 Filed 4–13–18; 8:45 am]
BIS has not received a submission from B. Take any action that facilitates the BILLING CODE P
Richmond. acquisition or attempted acquisition by
Based upon my review and the Denied Person of the ownership,
consultations with BIS’s Office of possession, or control of any item DEPARTMENT OF COMMERCE
Export Enforcement, including its subject to the Regulations that has been
Director, and the facts available to BIS, or will be exported from the United International Trade Administration
I have decided to deny Richmond’s States, including financing or other [A–475–838]
export privileges under the Regulations support activities related to a
for a period of 10 years from the date of transaction whereby the Denied Person Certain Cold-Drawn Mechanical Tubing
Richmond’s conviction. I have also acquires or attempts to acquire such of Carbon and Alloy Steel From Italy:
decided to revoke all licenses issued ownership, possession or control; Final Determination of Sales at Less
pursuant to the Act or Regulations in C. Take any action to acquire from or Than Fair Value and Final Affirmative
which Richmond had an interest at the to facilitate the acquisition or attempted Determination of Critical
time of his conviction. acquisition from the Denied Person of Circumstances, in Part
Accordingly, it is hereby ordered: any item subject to the Regulations that
First, from the date of this Order until AGENCY: Enforcement and Compliance,
has been exported from the United
December 2, 2026, Earl Henry International Trade Administration,
States;
Department of Commerce.
D. Obtain from the Denied Person in
1 The Regulations are currently codified in the
the United States any item subject to the SUMMARY: The Department of Commerce
Code of Federal Regulations at 15 CFR parts 730–
Regulations with knowledge or reason (Commerce) determines that certain
774 (2017). The Regulations issued pursuant to the cold-drawn mechanical tubing of carbon
Export Administration Act (50 U.S.C. 4601–4623 to know that the item will be, or is
(Supp. III 2015) (available at http:// intended to be, exported from the and alloy steel (cold-drawn mechanical
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since United States; or tubing) from Italy is being, or is likely
srobinson on DSK3G9T082PROD with NOTICES

August 21, 2001, the Act has been in lapse and the E. Engage in any transaction to service to be, sold in the United States at less
President, through Executive Order 13222 of August than fair value (LTFV), during the
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which any item subject to the Regulations that
has been extended by successive Presidential has been or will be exported from the period of investigation (POI) is April 1,
Notices, the most recent being that of August 15, United States and which is owned, 2016, through March 31, 2017.
2017 (82 FR 39005 (Aug. 16, 2017)), has continued DATES: Effective April 16, 2018.
the Regulations in effect under the International
possessed or controlled by the Denied
Emergency Economic Powers Act (50 U.S.C. 1701, Person, or service any item, of whatever FOR FURTHER INFORMATION CONTACT:
et seq. (2012)). origin, that is owned, possessed or Carrie Bethea, AD/CVD Operations,

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Document Created: 2018-04-14 02:19:11
Document Modified: 2018-04-14 02:19:11

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 16288

83 FR 16288 - In the Matter of: Earl Henry Richmond, 2731 E Eba Court, Green Valley, AZ 85614; Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

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

DEPARTMENT OF COMMERCE
Bureau of Industry and Security