[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8478-8479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03467]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Viacheslav Zhukov, Register Number: 18963-021,
D. Ray James Correctional Institution, P.O. Box 2000, Folkston, GA
31537
Order Denying Export Privileges
On December 5, 2014, in the U.S. District Court for the Southern
District of Georgia, Viacheslav Zhukov (``Zhukov'') was convicted of
violating the International Emergency Economic Powers Act (50 U.S.C.
1701, et seq. (2006 & Supp. IV 2010)) (``IEEPA''). Specifically, Zhukov
knowingly and willfully combined, conspired, confederated and agreed to
unlawfully export controlled firearm accessories from the United States
to co-conspirators in Russia without obtaining an export license from
the United States Department of Commerce. Zhukov was sentenced to 51
months in prison, three years of supervised release and a special
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 Powers Act (50 U.S.C.
Sec. 1701-1706); 18 U.S.C. Sec. Sec. 793, 794 or 798; section 4(b) of
the Internal Security Act of 1950 (50 U.S.C. Sec. 783(b)), or section
38 of the Arms Export Control Act (22 U.S.C. Sec. 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'')
[[Page 8479]]
licenses previously issued in which the person had an interest in at
the time of his conviction.
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\1\ 50 U.S.C. 4601-4623 (Supp. III 2015) (available at http://uscode.house.gov). 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 7, 2015 (80 FR 48,233 (Aug. 11, 2015)), 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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BIS has received notice of Zhukov's conviction for violating IEEPA,
and in accordance with Section 766.25 of the Regulations, BIS has
provided notice and an opportunity for Zhukov to make a written
submission to BIS. BIS has received a submission from Zhukov.
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 Zhukov's export privileges under the Regulations
for a period of seven (7) years and three (3) months from the date of
Zhukov's conviction. I have also decided to revoke all licenses issued
pursuant to the Act or Regulations in which Zhukov had an interest at
the time of his conviction.
Accordingly, it is hereby ORDERED:
First, from the date of this Order until March 5, 2022, Viacheslav
Zhukov, with a last known address of Viacheslav Zhukov, Register
Number: 18963-021, D. Ray James Correctional Institution, P.O. Box
2000, Folkston, GA 31537, 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 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.
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 Zhukov 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, Zhukov 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 the Zhukov. This
Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until March 5, 2022.
Issued this 11th day of February, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-03467 Filed 2-18-16; 8:45 am]
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