[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Pages 19193-19194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07279]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Richard Phillips, Currently Incarcerated at: Inmate No. 81783-
079, FCI Ray Brook Federal Correctional Institution, P.O. Box 300, Ray 
Brook, NY 12977 and with An Address At: 6045 Spencer Avenue, Bronx, NY 
11471

Order Denying Export Privileges

    On June 21, 2012, in the U.S. District Court, Eastern District of 
New York, Richard Phillips (``Phillips'') was convicted of violating 
the International Emergency Economic Powers Act (50 U.S.C. 1701, et 
seq. (2006 & Supp. IV 2010)) (``IEEPA''). Specifically, Phillips was 
convicted of knowingly, intentionally and willfully attempting to 
export, reexport, sell and supply, directly and indirectly, a spindle 
of Carbon Fiber (Toray T800SC-12K-50C) from the United States to Iran 
without obtaining the required export license from the Department of 
the Treasury. Phillips was sentenced to 92 months in prison followed by 
three years of supervised release, and fined $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. 
1701-1706); 18

[[Page 19194]]

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 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 (2012). 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 15, 2012 (77 FR 49699 (August 16, 2012)), has continued the 
Regulations in effect under the IEEPA.
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    I have received notice of Phillips's conviction for violating the 
IEEPA, and have provided notice and an opportunity for Phillips to make 
a written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Phillips. 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 Phillips's export privileges under the Regulations for a period 
of 10 years from the date of Phillips's conviction. I have also decided 
to revoke all licenses issued pursuant to the Act or Regulations in 
which Phillips had an interest at the time of his conviction.
    Accordingly, it is hereby
    Ordered
    I. Until June 21, 2022, Richard Phillips (``Phillips''), with last 
known addresses at: Currently incarcerated at: Inmate No. 81783-079, 
FCI Ray Brook, Federal Correctional Institution, P.O. Box 300, Ray 
Brook, NY 12977, and with an address at:
    6045 Spencer Avenue, Bronx, NY 11471, and when acting for or on 
behalf of Phillips, 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 Phillips 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 June 21, 2022.
    VI. In accordance with Part 756 of the Regulations, Phillips 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 Phillips. This 
Order shall be published in the Federal Register.

    Issued this 22nd day of March, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-07279 Filed 3-28-13; 8:45 am]
BILLING CODE 3510-DT-P