[Federal Register Volume 78, Number 195 (Tuesday, October 8, 2013)]
[Notices]
[Pages 61953-61954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24399]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of:

Timothy Gormley, Inmate Number--68687-066, USP Lewisburg, US 
Penitentiary, P.O. Box 1000, Lewisburg, PA 17837.

    On January 17, 2013, in the U.S. District Court, Eastern District 
of Pennsylvania, Timothy Gormley (``Gormley''), was convicted of 
violating the International Emergency Economic Powers Act (50 U.S.C. 
1701, et seq. (2006 & Supp. IV 2010)) (``IEEPA''). Specifically, 
Gormley was convicted on five counts of violating IEEPA by engaging in 
transactions relating to exporting amplifiers to China and India 
without obtaining the required licenses. Gormley was sentenced to 42 
months of imprisonment, five years of supervised release, a $500 
assessment and a $1,000 criminal fine.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent

[[Page 61954]]

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 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.
---------------------------------------------------------------------------

    \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)).
---------------------------------------------------------------------------

    I have received notice of Gormley's conviction for violating the 
IEEPA, and have provided notice and an opportunity for Gormley to make 
a written submission to BIS, as provided in Section 766.25 of the 
Regulations. Through his defense counsel, Gormley has indicated that he 
does not intend to contest BIS's decision to deny his export privileges 
under the Regulations.
    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 Gormley's export privileges under the Regulations 
for a period of 10 years from the date of Gormley's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Gormley had an interest at the time of his 
conviction.
    Accordingly, it is hereby

Ordered

I. Until January 17, 2023, Timothy Gormley, with a last known address 
at: Inmate Number 68687-066, USP Lewisburg, US Penitentiary, 
P.O. Box 1000, Lewisburg, PA 17837, and when acting for or on behalf of 
Gormley, 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 Gormley 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 
January 17, 2023.
VI. In accordance with Part 756 of the Regulations, Gormley 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 Gormley. This Order 
shall be published in the Federal Register.

     Issued this 26th day of September, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-24399 Filed 10-7-13; 8:45 am]
BILLING CODE P