[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Notices]
[Pages 12563-12564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05830]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Volodymyr Nedoviz, Hudson County Correctional
Facility, 30-35 Hackensack Avenue, Kearney, NJ 07032, and with a
prior known address at: Pekarskaya Street, Building 37, Apt. 10,
Lvov, Ukraine 79000
On January 11, 2018, in the U.S. District Court for the Eastern
District of New York, Volodymyr Nedoviz (``Nedoviz'') was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2012)) (``AECA''). Specifically, Nedoviz was convicted of knowingly,
intentionally and willfully exporting and attempting to export from the
United States to Ukraine night vision and thermal imaging equipment
designated as defense articles on the United States Munitions List,
namely an Armasight Zeus-Pro 640 2-16x50 (60Hz) Thermal Imaging
sighting instrument, without the required U.S. Department of State
license. Nedoviz was sentenced to time served, two years of supervised
release, a criminal forfeiture of $2,500, and a special assessment of
$100.
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 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.
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\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)).
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BIS has received notice of Nedoviz's conviction for violating
Section 38 of the AECA, and has provided notice and an opportunity for
Nedoviz to make a written submission to BIS, as provided in Section
766.25 of the Regulations. BIS has not received a submission from
Nedoviz.
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 Nedoviz's export
[[Page 12564]]
privileges under the Regulations for a period of 10 years from the date
of Nedoviz's conviction. I have also decided to revoke all licenses
issued pursuant to the Act or Regulations in which Nedoviz had an
interest at the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until January 11, 2028,
Volodymyr Nedoviz, currently with an address at Hudson County
Correctional Facility, 30-35 Hackensack Avenue, Kearny, NJ 07032, and
with a prior known address of Pekarskaya Street, Building 37, Apt. 10,
Lvov, Ukraine 79000, 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 Nedoviz 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, Nedoviz 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 Nedoviz and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 11, 2028.
Issued this 16th day of March 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-05830 Filed 3-21-18; 8:45 am]
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