[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Notices]
[Pages 70161-70162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27882]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Diocenyr Ribamar Barbosa-Santos, 3928 Shiver 
Road, Fort Worth, TX 76244-8692; Order Denying Export Privileges

    On October 3, 2013, in the U.S. District Court for the Southern 
District of Florida, Diocenyr Ribamar Barbosa-Santos (``Barbosa-
Santos'') was convicted of violating the International Emergency 
Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)) 
(``IEEPA''). Specifically, Barbosa-Santos knowingly and willfully 
engaged in a transaction involving the attempted export, sale, 
brokering and financing of an A-300 Airbus aircraft from China to Iran, 
in violation, inter alia, of IEEPA. Barbosa-Santos was sentenced to 24 
months in prison, three years of supervised release, and a $100 
assessment.
    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 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 (2014). 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 7, 2014 (79 FR 46959 (August 11, 2014)), 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 Barbosa-Santos's conviction for 
violating the IEEPA, and in accordance with Section 766.25 of the 
Regulations, BIS has provided notice and an opportunity for Barbosa-
Santos to make a written submission to BIS. BIS has not received a 
submission from Barbosa-Santos.
    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 Barbosa-Santos's export privileges under the 
Regulations for a period of five (5) years from the date of Barbosa-
Santos's conviction. I have also decided to revoke all licenses issued 
pursuant to the Act or Regulations in which Barbosa-Santos had an 
interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until October 3, 2018, Diocenyr 
Ribamar Barbosa-Santos, with a last known address of 3928 Shiver Road, 
Fort Worth, TX 76244-8692, 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 Barbosa-Santos 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, Barbosa-
Santos 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 Barbosa-
Santos. This

[[Page 70162]]

Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until October 3, 2018.

    Issued this 18th day of November, 2014.
Karen H. Nies-Vogel,
Acting Director, Office of Exporter Services.
[FR Doc. 2014-27882 Filed 11-24-14; 8:45 am]
BILLING CODE P