83 FR 17145 - In the Matter of: Erdal Kuyumcu, Inmate Number: 89148-053, FCI Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 83, Issue 75 (April 18, 2018)

Page Range		17145-17146
FR Document		2018-08040

Federal Register, Volume 83 Issue 75 (Wednesday, April 18, 2018)

[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Notices]
[Pages 17145-17146]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08040]



[[Page 17145]]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Erdal Kuyumcu, Inmate Number: 89148-053, FCI 
Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640; Order Denying Export 
Privileges

    On September 7, 2017, in the U.S. District Court for the Eastern 
District of New York, Erdal Kuyumcu (``Kuyumcu'') was convicted of 
violating the International Emergency Economic Powers Act (50 U.S.C. 
1701, et seq. (2012)) (``IEEPA''). Specifically, Kuyumcu knowingly and 
willfully conspired to export from the United States to Iran a metallic 
powder composed of cobalt and nickel, without having obtained the 
required U.S. Government authorization. Kuyumcu was sentenced to 57 
months in prison, three years of supervised release, a fine of $7,000, 
and an assessment of $100.
    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 
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 
Regulations, in which the person had an interest in 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 Kuyumcu's conviction for violating the 
IEEPA, and has provided notice and an opportunity for Kuyumcu to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Kuyumcu.
    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 Kuyumcu's export privileges under the Regulations 
for a period of 10 years from the date of Kuyumcu's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Kuyumcu had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until September 7, 2027, Erdal 
Kuyumcu, with a last known address of Inmate Number: 89148-053, FCI 
Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640, 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 Kuyumcu 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, Kuyumcu 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 the Kuyumcu, and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until September 7, 2027.


[[Page 17146]]


    Issued this 9th day of April 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-08040 Filed 4-17-18; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Notices 17145

DEPARTMENT OF COMMERCE Bureau of Industry and Security (‘‘BIS’’) B. Take any action that facilitates the
licenses previously issued pursuant to acquisition or attempted acquisition by
Bureau of Industry and Security the Act or Regulations, in which the the Denied Person of the ownership,
person had an interest in at the time of possession, or control of any item
In the Matter of: Erdal Kuyumcu, his/her conviction. subject to the Regulations that has been
Inmate Number: 89148–053, FCI Fort BIS has received notice of Kuyumcu’s or will be exported from the United
Dix, P.O. Box 2000, Joint Base MDL, NJ conviction for violating the IEEPA, and
08640; Order Denying Export States, including financing or other
has provided notice and an opportunity support activities related to a
Privileges for Kuyumcu to make a written transaction whereby the Denied Person
On September 7, 2017, in the U.S. submission to BIS, as provided in acquires or attempts to acquire such
District Court for the Eastern District of Section 766.25 of the Regulations. BIS ownership, possession or control;
New York, Erdal Kuyumcu has not received a submission from
(‘‘Kuyumcu’’) was convicted of violating Kuyumcu. C. Take any action to acquire from or
the International Emergency Economic Based upon my review and to facilitate the acquisition or attempted
Powers Act (50 U.S.C. 1701, et seq. consultations with BIS’s Office of acquisition from the Denied Person of
(2012)) (‘‘IEEPA’’). Specifically, Export Enforcement, including its any item subject to the Regulations that
Kuyumcu knowingly and willfully Director, and the facts available to BIS, has been exported from the United
conspired to export from the United I have decided to deny Kuyumcu’s States;
States to Iran a metallic powder export privileges under the Regulations D. Obtain from the Denied Person in
composed of cobalt and nickel, without for a period of 10 years from the date of the United States any item subject to the
having obtained the required U.S. Kuyumcu’s conviction. I have also Regulations with knowledge or reason
Government authorization. Kuyumcu decided to revoke all licenses issued to know that the item will be, or is
was sentenced to 57 months in prison, pursuant to the Act or Regulations in intended to be, exported from the
three years of supervised release, a fine which Kuyumcu had an interest at the United States; or
of $7,000, and an assessment of $100. time of his conviction.
Section 766.25 of the Export Accordingly, it is hereby ordered: E. Engage in any transaction to service
Administration Regulations (‘‘EAR’’ or First, from the date of this Order until any item subject to the Regulations that
‘‘Regulations’’) 1 provides, in pertinent September 7, 2027, Erdal Kuyumcu, has been or will be exported from the
part, that ‘‘[t]he Director of the Office of with a last known address of Inmate United States and which is owned,
Exporter Services, in consultation with Number: 89148–053, FCI Fort Dix, P.O. possessed or controlled by the Denied
the Director of the Office of Export Box 2000, Joint Base MDL, NJ 08640, Person, or service any item, of whatever
Enforcement, may deny the export and when acting for or on his behalf, his origin, that is owned, possessed or
privileges of any person who has been successors, assigns, employees, agents controlled by the Denied Person if such
convicted of a violation of the EAA or representatives (‘‘the Denied service involves the use of any item
[Export Administration Act], the EAR, Person’’), may not, directly or indirectly, subject to the Regulations that has been
or any order, license or authorization participate in any way in any or will be exported from the United
issued thereunder; any regulation, transaction involving any commodity, States. For purposes of this paragraph,
license, or order issued under the software or technology (hereinafter servicing means installation,
International Emergency Economic collectively referred to as ‘‘item’’) maintenance, repair, modification or
Powers Act (50 U.S.C. 1701–1706); 18 exported or to be exported from the testing.
U.S.C. 793, 794 or 798; section 4(b) of United States that is subject to the
Third, after notice and opportunity for
the Internal Security Act of 1950 (50 Regulations, including, but not limited
U.S.C. 783(b)), or section 38 of the Arms comment as provided in Section 766.23
to:
Export Control Act (22 U.S.C. 2778).’’ 15 of the Regulations, any other person,
A. Applying for, obtaining, or using
CFR 766.25(a); see also Section 11(h) of any license, license exception, or export firm, corporation, or business
the Export Administration Act (‘‘EAA’’ control document; organization related to Kuyumcu by
or ‘‘the Act’’), 50 U.S.C. 4610(h). The B. Carrying on negotiations ownership, control, position of
denial of export privileges under this concerning, or ordering, buying, responsibility, affiliation, or other
provision may be for a period of up to receiving, using, selling, delivering, connection in the conduct of trade or
10 years from the date of the conviction. storing, disposing of, forwarding, business may also be made subject to
15 CFR 766.25(d); see also 50 U.S.C. transporting, financing, or otherwise the provisions of this Order in order to
4610(h). In addition, Section 750.8 of servicing in any way, any transaction prevent evasion of this Order.
the Regulations states that the Bureau of involving any item exported or to be Fourth, in accordance with Part 756 of
Industry and Security’s Office of exported from the United States that is the Regulations, Kuyumcu may file an
Exporter Services may revoke any subject to the Regulations, or engaging appeal of this Order with the Under
in any other activity subject to the Secretary of Commerce for Industry and
1 The Regulations are currently codified in the
Regulations; or Security. The appeal must be filed
Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the
C. Benefitting in any way from any within 45 days from the date of this
Export Administration Act (50 U.S.C. 4601–4623 transaction involving any item exported Order and must comply with the
(Supp. III 2015) (available at http:// or to be exported from the United States provisions of Part 756 of the
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since that is subject to the Regulations, or
August 21, 2001, the Act has been in lapse and the
Regulations.
amozie on DSK30RV082PROD with NOTICES

President, through Executive Order 13222 of August
from any other activity subject to the
Regulations. Fifth, a copy of this Order shall be
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential Second, no person may, directly or delivered to the Kuyumcu, and shall be
Notices, the most recent being that of August 15, indirectly, do any of the following: published in the Federal Register.
2017 (82 FR 39005 (Aug. 16, 2017)), has continued Sixth, this Order is effective
the Regulations in effect under the International
A. Export or reexport to or on behalf
Emergency Economic Powers Act (50 U.S.C. 1701, of the Denied Person any item subject to immediately and shall remain in effect
et seq. (2012)). the Regulations; until September 7, 2027.

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17146 Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Notices

Issued this 9th day of April 2018. Corporation (SeAH) and NEXTEEL Co., These final results cover 31
Karen H. Nies-Vogel, Ltd. (NEXTEEL), producers/exporters of companies.4 Based on an analysis of the
Director, Office of Exporter Services. certain oil country tubular goods comments received, Commerce has
[FR Doc. 2018–08040 Filed 4–17–18; 8:45 am] (OCTG) from the Republic of Korea made changes to the weighted-average
BILLING CODE P (Korea), sold subject merchandise in the dumping margins determined for the
United States at prices below normal respondents. The weighted-average
value (NV) during the period of review dumping margins are listed in the
DEPARTMENT OF COMMERCE (POR) September 1, 2015 through ‘‘Final Results of Review’’ section,
August 31, 2016. below. Commerce conducted this
International Trade Administration review in accordance with section
DATES: Applicable April 18, 2018. 751(a) of the Tariff Act of 1930, as
U.S. Strategy to Address Trade-Related amended (the Act).
FOR FURTHER INFORMATION CONTACT:
Forced Localization Barriers Impacting
Deborah Scott or Michael J. Heaney, Scope of the Order
The U.S. ICT Hardware Manufacturing
AD/CVD Operations, Office VI,
Industry; Correction The merchandise covered by the order
Enforcement and Compliance,
is certain OCTG, which are hollow steel
AGENCY: International Trade International Trade Administration,
products of circular cross-section,
Administration, U.S. Department of Department of Commerce, 1401
including oil well casing and tubing, of
Commerce. Constitution Avenue NW, Washington,
iron (other than cast iron) or steel (both
ACTION: Notice; Correction. DC 20230; telephone: (202) 482–2657 or
carbon and alloy), whether seamless or
(202) 482–4475, respectively. welded, regardless of end finish (e.g.,
SUMMARY: The International Trade
Administration published a document SUPPLEMENTARY INFORMATION: whether or not plain end, threaded, or
in the Federal Register of April 12, threaded and coupled) whether or not
Background conforming to American Petroleum
2018, concerning request for comments
to support development of a On October 10, 2017, Commerce Institute (API) or non-API
comprehensive strategy to address specifications, whether finished
published the Preliminary Results of
trade-related forced localization (including limited service OCTG
this administrative review of OCTG
policies, practices, and measures products) or unfinished (including
from Korea.1 We invited interested
impacting the U.S. information and green tubes and limited service OCTG
parties to comment on the Preliminary
communications technology (ICT) products), whether or not thread
Results. Between November 30 and
hardware manufacturing industry. The protectors are attached. The scope of the
December 8, 2017, Commerce received order also covers OCTG coupling stock.
document contained the incorrect timely filed briefs and rebuttal briefs
docket number. For a complete description of the scope
from various interested parties. On of the order, see the Issues and Decision
DATES: Written comments must be January 19, 2018, Maverick Tube Memorandum.5
submitted on or before May 14, 2018. Corporation and TenarisBayCity, and
Comments must be in English. United States Steel Corporation filed a Analysis of Comments Received
FOR FURTHER INFORMATION CONTACT: Cary duty reimbursement allegation with All issues raised in the case and
Ingram; 202–482–2872. respect to NEXTEEL.2 rebuttal briefs filed by parties in this
Correction: In the Federal Register of Commerce exercised its discretion to review are addressed in the Issues and
April 12, 2018, in FR Doc. 2018–07584, toll all deadlines affected by the closure Decision Memorandum, which is hereby
on page 15786, in the third column of the Federal Government from January adopted with this notice. The issues are
under the ADDRESSES section, correct 20 through 22, 2018.3 If the new identified in Appendix I to this notice.
the Docket Number to read: ITA–2018– deadline falls on a non-business day, in The Issues and Decision Memorandum
0001. accordance with Commerce’s practice, is a public document and is on file
Dated: April 13, 2018. the deadline will become the next electronically via Enforcement and
Cary Ingram, business day. As a result, the revised Compliance’s Antidumping and
International Trade Specialist. deadline for the final results of this Countervailing Duty Centralized
review was February 12, 2018. On Electronic Service System (ACCESS).
[FR Doc. 2018–08103 Filed 4–17–18; 8:45 am]
January 31, 2018, Commerce postponed ACCESS is available to registered users
BILLING CODE 3510–DR–P
the final results of this review until at https://access.trade.gov and is
April 11, 2018. available to all parties in the Central
DEPARTMENT OF COMMERCE Records Unit, room B8024 of the main
1 See Certain Oil Country Tubular Goods from the
Commerce building. In addition, a
International Trade Administration Republic of Korea: Preliminary Results of complete version of the Issues and
Antidumping Duty Administrative Review; 2015– Decision Memorandum can be accessed
[A–580–870] 2016, 82 FR 46963 (October 10, 2017) (Preliminary directly on the internet at http://
Results), and accompanying Decision Memorandum
Certain Oil Country Tubular Goods (Preliminary Decision Memorandum).
enforcement.trade.gov/frn/index.html.
From the Republic of Korea: Final 2 See Maverick Letter, ‘‘Oil Country Tubular The signed Issues and Decision
Results of Antidumping Duty Goods from The Republic of Korea: Duty
Reimbursement and Further Information in Support 4 The 31 companies consist of two mandatory
Administrative Review and Final of Duties as a Cost Allegation,’’ dated January 19, respondents, four companies for which we made a
Determination of No Shipments; 2015– 2018, refiled as ‘‘Oil Country Tubular Goods from final determination of no shipments, and 25
amozie on DSK30RV082PROD with NOTICES

2016 The Republic of Korea: Resubmission of Petitioners’ companies not individually examined.
Duty Reimbursement and Further Information in 5 See Memorandum, ‘‘Issues and Decision
AGENCY: Enforcement and Compliance, Support of Duties as a Cost Allegation,’’ dated Memorandum for the Final Results of the 2015–
International Trade Administration, February 6, 2018. 2016 Administrative Review of the Antidumping
3 See Memorandum, ‘‘Deadlines Affected by the Duty Order on Certain Oil Country Tubular Goods
Department of Commerce.
Shutdown of the Federal Government,’’ dated from the Republic of Korea,’’ dated concurrently
SUMMARY: The Department of Commerce January 23, 2018. All deadlines in this segment of with this notice (Issues and Decision
(Commerce) determines that SeAH Steel the proceeding have been extended by three days. Memorandum).

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Document Created: 2018-04-18 02:59:26
Document Modified: 2018-04-18 02:59:26

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 17145

83 FR 17145 - In the Matter of: Erdal Kuyumcu, Inmate Number: 89148-053, FCI Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640; Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 83, Issue 75 (April 18, 2018)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security