83 FR 7144 - Order Denying Export Privileges
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 83, Issue 34 (February 20, 2018)
Bureau of Industry and Security
Federal Register Volume 83, Issue 34 (February 20, 2018)
| Page Range | 7144-7145 | |
| FR Document | 2018-03318 |
[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)] [Notices] [Pages 7144-7145] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03318] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: Irina Cvetkovic, Inmate Number: 28515-408, FCI Marianna, P.O. Box 7007, Marianna, FL 32447. On April 26, 2017, in the U.S. District Court for the District of Arizona, Irina Cvetkovic (``Cvetkovic'') was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Cvetkovic was convicted of knowingly and willfully exporting and causing to be exported from the United States to Hong Kong two Ruger model SR22 semi-automatic pistols, two silencers, and 1,000 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. Cvetkovic was sentenced to 10 months in prison, with credit for time served, one year of supervised release, and a $100 special 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 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 Cvetkovic's conviction for violating Section 38 of the AECA, and has provided notice and an opportunity for Cvetkovic to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Cvetkovic. 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 Cvetkovic's export privileges under the Regulations for a period of 10 years from the date of Cvetkovic's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Cvetkovic had an interest at the time of her conviction. Accordingly, it is hereby ordered: First, from the date of this Order until April 26, 2027, Irina Cvetkovic, with a last known address of Inmate Number: 28515-408, FCI Marianna, P.O. Box 7007, Marianna, FL 32447, and when acting for or on her behalf, her 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 Cvetkovic by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to [[Page 7145]] the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with Part 756 of the Regulations, Cvetkovic 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 Cvetkovic 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 9th day of February 2018. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2018-03318 Filed 2-16-18; 8:45 am] BILLING CODE P
![7144 Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices
formally determined on February 13, convicted of a violation of the EAA B. Carrying on negotiations
2018, pursuant to Section 10(d) of the [Export Administration Act], the EAR, concerning, or ordering, buying,
Federal Advisory Committee Act, as or any order, license, or authorization receiving, using, selling, delivering,
amended (5 U.S.C. app. 2, 10(d)), that issued thereunder; any regulation, storing, disposing of, forwarding,
the portion of the meeting dealing with license or order issued under the transporting, financing, or otherwise
pre-decisional changes to the Commerce International Emergency Economic servicing in any way, any transaction
Control List and the U.S. export control Powers Act (50 U.S.C. 1701–1706); 18 involving any item exported or to be
policies shall be exempt from the U.S.C. 793, 794 or 798; section 4(b) of exported from the United States that is
provisions relating to public meetings the Internal Security Act of 1950 (50 subject to the Regulations, or engaging
found in 5 U.S.C. app. 2, 10(a)(1) and U.S.C. 783(b)); or section 38 of the Arms in any other activity subject to the
10(a)(3). The remaining portions of the Export Control Act (22 U.S.C. 2778).’’ 15 Regulations; or
meeting will be open to the public. CFR 766.25(a); see also Section 11(h) of C. Benefitting in any way from any
For more information, call Yvette the Export Administration Act (‘‘EAA’’ transaction involving any item exported
Springer at (202) 482–2813. or ‘‘the Act’’), 50 U.S.C. 4610(h). The or to be exported from the United States
denial of export privileges under this that is subject to the Regulations, or
Yvette Springer,
provision may be for a period of up to from any other activity subject to the
Committee Liaison Officer.
10 years from the date of the conviction. Regulations.
[FR Doc. 2018–03421 Filed 2–16–18; 8:45 am] Second, no person may, directly or
15 CFR 766.25(d); see also 50 U.S.C.
BILLING CODE 3510–JT–P
4610(h). In addition, Section 750.8 of indirectly, do any of the following:
the Regulations states that the Bureau of A. Export or reexport to or on behalf
Industry and Security’s Office of of the Denied Person any item subject to
DEPARTMENT OF COMMERCE the Regulations;
Exporter Services may revoke any
B. Take any action that facilitates the
Bureau of Industry and Security Bureau of Industry and Security (‘‘BIS’’)
acquisition or attempted acquisition by
licenses previously issued pursuant to
Order Denying Export Privileges the Denied Person of the ownership,
the Act or the Regulations in which the
possession, or control of any item
person had an interest at the time of his/
In the Matter of: Irina Cvetkovic, Inmate subject to the Regulations that has been
Number: 28515–408, FCI Marianna, P.O. Box her conviction.
or will be exported from the United
7007, Marianna, FL 32447. BIS has received notice of Cvetkovic’s
States, including financing or other
conviction for violating Section 38 of
On April 26, 2017, in the U.S. District support activities related to a
the AECA, and has provided notice and
Court for the District of Arizona, Irina transaction whereby the Denied Person
an opportunity for Cvetkovic to make a
Cvetkovic (‘‘Cvetkovic’’) was convicted acquires or attempts to acquire such
written submission to BIS, as provided
of violating Section 38 of the Arms ownership, possession or control;
in Section 766.25 of the Regulations. C. Take any action to acquire from or
Export Control Act (22 U.S.C. 2778
BIS has not received a submission from to facilitate the acquisition or attempted
(2012)) (‘‘AECA’’). Specifically,
Cvetkovic. acquisition from the Denied Person of
Cvetkovic was convicted of knowingly
and willfully exporting and causing to Based upon my review and any item subject to the Regulations that
be exported from the United States to consultations with BIS’s Office of has been exported from the United
Hong Kong two Ruger model SR22 semi- Export Enforcement, including its States;
automatic pistols, two silencers, and Director, and the facts available to BIS, D. Obtain from the Denied Person in
1,000 rounds of ammunition, which are I have decided to deny Cvetkovic’s the United States any item subject to the
items designated as defense articles on export privileges under the Regulations Regulations with knowledge or reason
the United States Munitions List, for a period of 10 years from the date of to know that the item will be, or is
without the required U.S. Department of Cvetkovic’s conviction. I have also intended to be, exported from the
State licenses. Cvetkovic was sentenced decided to revoke all licenses issued United States; or
to 10 months in prison, with credit for pursuant to the Act or Regulations in E. Engage in any transaction to service
time served, one year of supervised which Cvetkovic had an interest at the any item subject to the Regulations that
release, and a $100 special assessment. time of her conviction. has been or will be exported from the
Section 766.25 of the Export Accordingly, it is hereby ordered: United States and which is owned,
Administration Regulations (‘‘EAR’’ or First, from the date of this Order until possessed or controlled by the Denied
‘‘Regulations’’) 1 provides, in pertinent April 26, 2027, Irina Cvetkovic, with a Person, or service any item, of whatever
part, that ‘‘[t]he Director of the Office of last known address of Inmate Number: origin, that is owned, possessed or
Exporter Services, in consultation with 28515–408, FCI Marianna, P.O. Box controlled by the Denied Person if such
the Director of the Office of Export 7007, Marianna, FL 32447, and when service involves the use of any item
Enforcement, may deny the export acting for or on her behalf, her subject to the Regulations that has been
privileges of any person who has been successors, assigns, employees, agents or will be exported from the United
or representatives (‘‘the Denied States. For purposes of this paragraph,
1 The Regulations are currently codified in the Person’’), may not, directly or indirectly, servicing means installation,
Code of Federal Regulations at 15 CFR parts 730– participate in any way in any maintenance, repair, modification or
774 (2017). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. 4601–4623
transaction involving any commodity, testing.
(Supp. III 2015) (available at http:// software or technology (hereinafter Third, after notice and opportunity for
collectively referred to as ‘‘item’’) comment as provided in Section 766.23
sradovich on DSK3GMQ082PROD with NOTICES
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
August 21, 2001, the Act has been in lapse and the exported or to be exported from the of the Regulations, any other person,
President, through Executive Order 13222 of August
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which United States that is subject to the firm, corporation, or business
has been extended by successive Presidential Regulations, including, but not limited organization related to Cvetkovic by
Notices, the most recent being that of August 15, to: ownership, control, position of
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
the Regulations in effect under the International
A. Applying for, obtaining, or using responsibility, affiliation, or other
Emergency Economic Powers Act (50 U.S.C. 1701, any license, license exception, or export connection in the conduct of trade or
et seq. (2012)). control document; business may also be made subject to
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![Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices 7145
the provisions of this Order in order to members of the public may present oral SUPPLEMENTARY INFORMATION:
prevent evasion of this Order. statements to the Committee. The public
Fourth, in accordance with Part 756 of may submit written statements at any Background
the Regulations, Cvetkovic may file an time before or after the meeting. This preliminary determination is
appeal of this Order with the Under However, to facilitate distribution of made in accordance with section 733(b)
Secretary of Commerce for Industry and public presentation materials to of the Tariff Act of 1930, as amended
Security. The appeal must be filed Committee members, the Committee
(the Act). Commerce published the
within 45 days from the date of this suggests that presenters forward the
notice of initiation of this investigation
Order and must comply with the public presentation materials prior to
provisions of Part 756 of the the meeting to Ms. Springer via email. on August 8, 2017.1 On November 27,
Regulations. The Assistant Secretary for 2017, Commerce postponed the
Fifth, a copy of this Order shall be Administration, with the concurrence of preliminary determination of this
delivered to Cvetkovic and shall be the delegate of the General Counsel, investigation.2 Commerce exercised its
published in the Federal Register. formally determined on February 13, discretion to toll all deadlines affected
Sixth, this Order is effective 2018, pursuant to Section 10(d) of the by the closure of the Federal
immediately and shall remain in effect Federal Advisory Committee Act, as Government from January 20 through
until April 26, 2027. amended (5 U.S.C. app. 2, (10)(d)), that 22, 2018. If the new deadline falls on a
Issued this 9th day of February 2018. the portion of the meeting dealing with non-business day, in accordance with
Karen H. Nies-Vogel, pre-decisional changes to the Commerce Commerce’s practice, the deadline will
Director, Office of Exporter Services. Control List and U.S. export control become the next business day. The
policies shall be exempt from the revised deadline for the preliminary
[FR Doc. 2018–03318 Filed 2–16–18; 8:45 am]
provisions relating to public meetings determination of this investigation is
BILLING CODE P
found in 5 U.S.C. app. 2, 10(a)(1) and now February 12, 2018.3
10(a)(3). The remaining portions of the
For a complete description of the
DEPARTMENT OF COMMERCE meeting will be open to the public.
For more information, call Yvette events that followed the initiation of
Springer at (202) 482·2813. this investigation, see the Preliminary
Bureau of Industry and Security Decision Memorandum.4 A list of topics
Yvette Springer, included in the Preliminary Decision
Transportation and Related Equipment
Committee Liaison Officer. Memorandum is included as Appendix
Technical Advisory Committee; Notice
[FR Doc. 2018–03420 Filed 2–16–18; 8:45 am] II to this notice. The Preliminary
of Partially Closed Meeting
BILLING CODE P Decision Memorandum is a public
The Transportation and Related document and is on file electronically
Equipment Technical Advisory via Enforcement and Compliance’s
Committee will meet on March 7, 2018, DEPARTMENT OF COMMERCE Antidumping and Countervailing Duty
9:30 a.m., in the Herbert C. Hoover Centralized Electronic Service System
Building, Room 3884, 14th Street International Trade Administration
(ACCESS). ACCESS is available to
between Constitution & Pennsylvania [A–570–062] registered users at https://
Avenues NW, Washington, DC. The
Cast Iron Soil Pipe Fittings From the access.trade.gov, and to all parties in the
Committee advises the Office of the
Assistant Secretary for Export People’s Republic of China: Central Records Unit, Room B8024 of
Administration with respect to technical Preliminary Affirmative Determination the main Department of Commerce
questions that affect the level of export of Sales at Less Than Fair Value, building. In addition, a complete
controls applicable to transportation Preliminary Affirmative Determination version of the Preliminary Decision
and related equipment or technology. of Critical Circumstances, in Part, Memorandum can be accessed directly
Postponement of Final Determination at http://enforcement.trade.gov/frn/.
Agenda and Extension of Provisional Measures The signed and the electronic versions
Public Session of the Preliminary Decision
AGENCY: Enforcement and Compliance, Memorandum are identical in content.
1. Welcome and Introductions. International Trade Administration,
2. Status reports by working group Department of Commerce. 1 See Cast Iron Soil Pipe Fittings from the People’s
chairs. SUMMARY: The Department of Commerce Republic of China: Initiation of Less-Than-Fair
3. Public comments and Proposals. (Commerce) preliminarily determines Value Investigation, 82 FR 37053 (August 8, 2017)
Closed Session that cast iron soil pipe fittings from the (Initiation Notice).
2 See Cast Iron Soil Pipe Fittings from People’s
4. Discussion of matters determined to People’s Republic of China (China) were Republic of China: Postponement of Preliminary
be exempt from the provisions relating sold in the United States at less than fair Determination in the Less-Than-Fair-Value
to public meetings found in 5 U.S.C. value (LTFV) during the period of Investigation, 82 FR 55989 (November 27, 2017).
app. 2, 10(a)(1) and 10(a)(3). investigation (POI), January 1, 2017, 3 See Memorandum for the Record from Christian
through June 30, 2017. Marsh, Deputy Assistant Secretary for Enforcement
The open session will be accessible and Compliance, performing the non-exclusive
via teleconference to 20 participants on DATES: Applicable February 20, 2018. functions and duties of the Assistant Secretary for
a first come, first serve basis. To join the FOR FURTHER INFORMATION CONTACT: Enforcement and Compliance, ‘‘Deadlines Affected
Sergio Balbontin or Michael Bowen, by the Shutdown of the Federal Government’’
sradovich on DSK3GMQ082PROD with NOTICES
conference, submit inquiries to Ms. (Tolling Memorandum), dated January 23, 2018. All
Yvette Springer at Yvette.Springer@ AD/CVD Operations, Office VIII, deadlines in this segment of the proceeding have
bis.doc.gov no later than February 28, Enforcement and Compliance, been extended by 3 days.
2018. International Trade Administration, 4 See Memorandum, ‘‘Decision Memorandum for
A limited number of seats will be U.S. Department of Commerce, 1401 the Preliminary Determination in the Less-Than-
Fair-Value Investigation of Cast Iron Soil Pipe
available during the public session of Constitution Avenue NW, Washington, Fittings from the People’s Republic of China,’’ dated
the meeting. Reservations are not DC 20230; telephone: (202) 482–6478 or concurrently with, and hereby adopted by, this
accepted. To the extent time permits, (202) 482–0768, respectively. notice (Preliminary Decision Memorandum).
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Document Created: 2018-02-17 02:29:34
Document Modified: 2018-02-17 02:29:34
| 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 7144 |
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