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

 
CONTENT

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 via the Government Publishing Office www.gpo.gov

FR Doc No: 2018-07801

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

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 ``the 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 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:

  1. Applying for, obtaining, or using any license, license exception, or export control document;

  2. 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

  3. 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:

  4. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations;

  5. 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;

  6. 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;

  7. 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

  8. 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