[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Notices]
[Pages 60248-60249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23913]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Volha Dubouskaya, Inmate -67621-066-
30, U.S.P. Hazelton, U.S. Penitentiary, P.O. Box 2000, Bruceton
Mills, WV 26525.)
On February 6, 2013, in the U.S. District Court, Eastern District
of Pennsylvania, Volha Dubouskaya (``Dubouskaya''), was convicted of
violating the International Emergency Economic Powers Act (50 U.S.C.
1701, et seq. (2006 & Supp. IV 2010)) (``IEEPA''). Specifically,
Dubouskaya was convicted of conspiring and agreeing, together with
others known and unknown to the grand jury, to commit an offense
against the United States, that is, to willfully export from the United
States to Belarus export-controlled items, including but not limited to
L-3 x200xp Handheld Thermal Imaging Cameras, without first obtaining
from the United States Department of Commerce a license or written
authorization. Dubouskaya was sentenced to six months in prison
followed by three years of supervised release, a $3,000 criminal fine
and an assessment of $100.00.
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 Export
Administration Act (``EAA''), the EAR, or any order, license or
authorization issued thereunder; any regulation, license, or order
issued under the International Emergency Economic
[[Page 60249]]
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 EAA, 50 U.S.C. app. 2410(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. app. 2410(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 in which the person had
an interest in at the time of his conviction.
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\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR Parts 730-774 (2013). The Regulations
issued pursuant to the Export Administration Act (50 U.S.C. app.
2401-2420 (2000)) (``EAA''). Since August 21, 2001, the EAA 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 8, 2013 (78 FR 49107 (August 12, 2013)), has continued the
Regulations in effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)).
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I have received notice of Dubouskaya's conviction for violating the
IEEPA, and have provided notice and an opportunity for Dubouskaya to
make a written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from Dubouskaya.
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 Dubouskaya's export privileges under the
Regulations for a period of 10 years from the date of Dubouskaya's
conviction. I have also decided to revoke all licenses issued pursuant
to the Act or Regulations in which Dubouskaya had an interest at the
time of her conviction.
Accordingly, it is hereby
Ordered
I. Until February 6, 2023, Volha Dubouskaya, with a last known
address at: Inmate Number 67621-066-30, U.S.P. Hazelton, U.S.
Penitentiary, P.O. Box 2000, Bruceton Mills, WV 26525, and when acting
for or on behalf of Dubouskaya, her representatives, assigns, agents or
employees (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 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 in any other activity subject to the Regulations.
II. 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.
III. 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 Dubouskaya by affiliation,
ownership, control or position of responsibility in the conduct of
trade or related services may also be subject to the provisions of this
Order if necessary to prevent evasion of the Order.
IV. This Order does not prohibit any export, reexport, or other
transaction subject to the Regulations where the only items involved
that are subject to the Regulations are the foreign-produced direct
product of U.S.-origin technology.
V. This Order is effective immediately and shall remain in effect
until February 6, 2023.
VI. In accordance with Part 756 of the Regulations, Dubouskaya 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.
VII. A copy of this Order shall be delivered to the Dubouskaya.
This Order shall be published in the Federal Register.
Issued this 25th day of September, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-23913 Filed 9-30-13; 8:45 am]
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