Order Denying Export Privileges
| Citation | 84 FR 53402 |
| Record Number | 2019-21747 |
| Published date | 07 October 2019 |
| Section | Notices |
| Court | Industry And Security Bureau |
53402
Federal Register / Vol. 84, No. 194 / Monday, October 7, 2019 / Notices
1
The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR Parts 730–
774 (2019). The Regulations originally issued under
the Export Administration Act of 1979, as amended,
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13,222 of August 17, 2001
(3 CFR, 2001 Comp. 783 (2002)), which was
extended by successive Presidential Notices,
continued the Regulations in full force and effect
under the International Emergency Economic
Powers Act, 50 U.S.C. 1701, et seq. (2012)
(‘‘IEEPA’’). On August 13, 2018, the President
signed into law the John S. McCain National
Defense Authorization Act for Fiscal Year 2019,
which includes the Export Control Reform Act of
2018, 50 U.S.C. 4801–4852 (‘‘ECRA’’). While
Section 1766 of ECRA repeals the provisions of the
EAA (except for three sections which are
inapplicable here), Section 1768 of ECRA provides,
in pertinent part, that all rules and regulations that
were made or issued under the EAA, including as
continued in effect pursuant to IEEPA, and were in
effect as of ECRA’s date of enactment (August 13,
2018), shall continue in effect according to their
terms until modified, superseded, set aside, or
revoked through action undertaken pursuant to the
authority provided under ECRA.
2
See also Section 11(h) of the EAA, 50 U.S.C.
4610(h) (Supp. III 2015); Sections 1760(e) and 1768
of ECRA, 50 U.S.C. 4819 and 4826; and note 1,
supra.
3
See notes 1 and 2, supra.
Dated: October 2, 2019.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2019–21799 Filed 10–4–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Economic Development Administration
Notice of Petitions by Firms for
Determination of Eligibility To Apply
for Trade Adjustment Assistance
AGENCY
: Economic Development
Administration, U.S. Department of
Commerce.
ACTION
: Notice and opportunity for
public comment.
SUMMARY
: The Economic Development
Administration (EDA) has received
petitions for certification of eligibility to
apply for Trade Adjustment Assistance
from the firms listed below.
Accordingly, EDA has initiated
investigations to determine whether
increased imports into the United States
of articles like or directly competitive
with those produced by each of the
firms contributed importantly to the
total or partial separation of the firms’
workers, or threat thereof, and to a
decrease in sales or production of each
petitioning firm.
SUPPLEMENTARY INFORMATION
:
L
IST OF
P
ETITIONS
R
ECEIVED BY
EDA
FOR
C
ERTIFICATION OF
E
LIGIBILITY
T
O
A
PPLY FOR
T
RADE
A
DJUSTMENT
A
SSISTANCE
[8/23/2019 through 9/30/2019]
Firm name Firm address Date accepted
for investigation Product(s)
Utilikilts Co., LLC ................................................................ 620 1st Avenue, Seattle,
WA 98104. 9/18/2019 The firm manufactures kilts.
A.R.E. Manufacturing, Inc. ................................................. 518 South Springbrook
Road, Newberg, OR
97132.
9/24/2019 The firm manufactures
metal parts.
Holte Manufacturing, Co., d/b/a Holte Drilling Manufac-
turing. 25310 Jeans Road, Veneta,
OR 97487. 9/30/2019 The firm manufactures drill-
ing equipment and related
tools and parts.
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance Division, Room 71030,
Economic Development Administration,
U.S. Department of Commerce,
Washington, DC 20230, no later than ten
(10) calendar days following publication
of this notice. These petitions are
received pursuant to section 251 of the
Trade Act of 1974, as amended.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Irette Patterson
Program Analyst.
[FR Doc. 2019–21741 Filed 10–4–19; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Benjamin James Cance,
215 E. Plainwell Street, Plainwell, MI 49080
and 6911 Childsdale Avenue NE, Rockford,
MI 49341,
On January 15, 2016 in the U.S.
District Court for the Western District of
Michigan, Benjamin James Cance
(‘‘Cance’’) was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Cance was convicted of violating
Section 38 of the AECA by knowingly
and willfully exporting without the
required U.S. Department of State
licenses gun components designated as
defense articles on the United States
Munitions List. Cance was sentenced to
forty-eight (48) months in prison, two
years of supervised release, a fine of
$3,000 and an assessment of $200.
Cance was also placed on the U.S.
Department of State’s Debarred List.
The Export Administration
Regulations (‘‘EAR’’ or ‘‘Regulations’’)
are administered and enforced by the
U.S. Department of Commerce’s Bureau
of Industry and Security (‘‘BIS’’).
1
Section 766.25 of the Regulations
provides, in pertinent part, that the
‘‘Director of [BIS’s] Office of Exporter
Services, in consultation with the
Director of [BIS’s] Office of Export
Enforcement, may deny the export
privileges of any person who has been
convicted of a violation of . . . section
38 of the Arms Export Control Act (22
U.S.C. 2778).’’ 15 CFR 766.25(a). 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).
2
In addition,
pursuant to Section 750.8 of the
Regulations, BIS’s Office of Exporter
Services may revoke any BIS-issued
licenses in which the person had an
interest at the time of his/her
conviction.
3
VerDate Sep<11>2014 18:29 Oct 04, 2019 Jkt 250001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1
53403
Federal Register / Vol. 84, No. 194 / Monday, October 7, 2019 / Notices
1
The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2019). The Regulations originally issued under
the Export Administration Act of 1979, as amended,
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13,222 of August 17, 2001
(3 CFR, 2001 Comp. 783 (2002)), which was
extended by successive Presidential Notices,
including the Notice of August 8, 2018 (83 FR
39,871 (Aug. 13, 2018)), continued the Regulations
in full force and effect under the International
Emergency Economic Powers Act, 50 U.S.C. 1701,
et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the
President signed into law the John S. McCain
National Defense Authorization Act for Fiscal Year
2019, which includes the Export Control Reform
Act of 2018, 50 U.S.C. 4801–4852 (‘‘ECRA’’). While
Section 1766 of ECRA repeals the provisions of the
EAA (except for three sections which are
inapplicable here), Section 1768 of ECRA provides,
in pertinent part, that all rules and regulations that
were made or issued under the EAA, including as
continued in effect pursuant to IEEPA, and were in
effect as of ECRA’s date of enactment (August 13,
2018), shall continue in effect according to their
terms until modified, superseded, set aside, or
revoked through action undertaken pursuant to the
authority provided under ECRA.
BIS has received notice of Cance’s
conviction for violating Section 38 of
the AECA, and pursuant to Section
766.25 of the Regulations has provided
notice and an opportunity for Cance to
make a written submission to BIS. BIS
has not received a submission from
Cance.
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 Cance’s export
privileges under the Regulations for a
period of 10 years from the date of
Cance’s conviction. I have also decided
to revoke any BIS-issued license in
which Cance had an interest at the time
of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
January 15, 2026, Benjamin James
Cance, with last known addresses of 215
E. Plainwell Street, Plainwell, MI 49080
and 6911 Childsdale Avenue NE,
Rockford, MI 49341, 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 Cance 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, Cance 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 Cance and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until January 15, 2026.
Issued this 30th day of September, 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019–21747 Filed 10–4–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Kenneth S. Chait, Inmate
Number: 04970–104, RRM Miami,
Residential Reentry Office, 401 N. Miami
Avenue, Miami, FL 33128
On November 13, 2018, in the U.S.
District Court for the Middle District of
Georgia, Kenneth S. Chait (‘‘Chait’’) was
convicted of violating the International
Emergency Economic Powers Act (50
U.S.C 1701, et seq. (2012)) (‘‘IEEPA’’).
Specifically, Chait was convicted of
violating IEEPA by knowingly and
willfully agreeing to attempt to export
without the required Department of
Commerce license ceramic metal
triggered spark gaps, also known as
nuclear triggered spark gaps and listed
on the Commerce Control List. Chait
was sentenced to 12 months and one
day in prison, supervised release for a
term of two years, and a $100
assessment.
The Export Administration
Regulations (‘‘EAR’’ or ‘‘Regulations’’)
are administered and enforced by the
U.S. Department of Commerce’s Bureau
of Industry and Security (‘‘BIS’’).
1
Section 766.25 of the Regulations
provides, in pertinent part, that the
‘‘Director of [BIS’s] Office of Exporter
Services, in consultation with the
Director of [BIS’s] Office of Export
Enforcement, may deny the export
privileges of any person who has been
convicted of a violation of . . . the
International Emergency Economic
Powers Act (50 U.S.C § 1701–1706).’’ 15
CFR 766.25(a). The denial of export
privileges under this provision may be
VerDate Sep<11>2014 18:29 Oct 04, 2019 Jkt 250001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1
