[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16768-16769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06631]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Ernest Chornoletskyy, a/k/a Erik Chornoletskyy; Order Denying
Export Privileges
In the Matter of:
Ernest Chornoletskyy a/k/a Erik Chornoletskyy currently incarcerated
at: Inmate Number--43799-424, CI NE Ohio Corr Ctr, Correctional
Institution, 2240 Hubbard Rd., Youngstown, OH 44501
and with an address at:
Ernest Chornoletskyy, a/k/a Erik Chornoletskyy, 4310 Marmora Ave. N,
Chicago, IL 60634.
Order Denying Export Privileges
On August 21, 2013, in the U.S. District Court, Eastern District of
Pennsylvania, Ernest Chornoletskyy, a/k/a Erik Chornoletskyy
(``Chornoletskyy''), was convicted of violating the International
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV
2010)) (``IEEPA''). Specifically, Chornoletskyy conspired to willfully
export from the United States to Belarus export-controlled items,
including L-3 x 200xp Handheld Thermal Imaging Cameras, without first
obtaining from the United States Department of Commerce a license or
written authorization. Chornoletskyy was sentenced to 15 months of
imprisonment, three years of supervised release, a $200 assessment and
a $3,000 fine. Chornoletskyy is also listed on the U.S. Department of
State Debarred List.
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,
[[Page 16769]]
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 EAA, 50 U.S.C. app. Sec.
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. Sec. 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.
Sec. Sec. 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 Chornoletskyy's conviction for violating
the IEEPA, and have provided notice and an opportunity for
Chornoletskyy to make a written submission to BIS, as provided in
Section 766.25 of the Regulations. I have not received a submission
from Chornoletskyy.
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 Chornoletskyy's export privileges under the
Regulations for a period of 10 years from the date of Chornoletskyy's
conviction. I have also decided to revoke all licenses issued pursuant
to the Act or Regulations in which Chornoletskyy had an interest at the
time of his conviction.
Accordingly, it is hereby
Ordered
I. Until August 21, 2023, Ernest Chornoletskyy, a/k/a Erik
Chornoletskyy, currently incarcerated at: Inmate Number--43799-424, CI
NE Ohio Corr Ctr, Correctional Institution, 2240 Hubbard Rd.,
Youngstown, OH 44501, and with a last known address at: 4310 Marmora
Ave. N, Chicago, IL 60634, and when acting for or on behalf of
Chornoletskyy, his 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 Chornoletskyy 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 is effective immediately and shall remain in effect
until August 21, 2023.
V. In accordance with part 756 of the Regulations, Chornoletskyy
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.
VI. A copy of this Order shall be delivered to the Chornoletskyy.
This Order shall be published in the Federal Register.
Issued this 20th day of March, 2014.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2014-06631 Filed 3-25-14; 8:45 am]
BILLING CODE XXXX-XX-P