[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Notices]
[Pages 43787-43788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18069]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Adam Al Herz, Inmate Number: 13991-029, FMC
Rochester, P.O. Box 4000, Rochester, MN 55903
On October 13, 2016, in the U.S. District Court for the Northern
District of Iowa, Adam Al Herz (``Adam Herz'') was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2012)) (``AECA''). Adam Herz was convicted of violating Section 38 of
the AECA by knowingly and willfully attempting to export and cause to
be exported, from the United States to Lebanon, firearms, ammunition,
parts, accessories, attachments and associated equipment designated as
defense articles on the United States Munitions List, without the
required U.S. Department of State licenses. Adam Herz was sentenced to
240 months in prison, three years of supervised release, and an
assessment of $300. Adam Herz also was placed on the U.S. Department of
State Debarred List.
The Export Administration Regulations (``EAR'' or ``Regulations'')
are administered and enforced by the
[[Page 43788]]
U.S. Department of Commerce's Bureau of Industry and Security
(``BIS'').\1\ Section 766.25 of the Regulations provides, in pertinent
part, that the ``Director of [BIS's] Office of Exporter Services, in
consultation with the Director of [BIS's] Office of Export Enforcement,
may deny the export privileges of any person who has been convicted of
a violation of . . . section 38 of the Arms Export Control Act (22
U.S.C. 2778).'' 15 CFR 766.25(a). 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).\2\ In addition, pursuant to Section
750.8 of the Regulations, BIS's Office of Exporter Services may revoke
any BIS-issued licenses in which the person had an interest at the time
of his/her conviction.\3\
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\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2019). The Regulations
originally issued under the Export Administration Act of 1979, as
amended, 50 U.S.C. 4601-4623 (Supp. III 2015) (``EAA''), which
lapsed on August 21, 2001. The President, through Executive Order
13,222 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, 2018 (83 FR 39,871 (Aug. 13, 2018)),
continued the Regulations in full force and effect under the
International Emergency Economic Powers Act, 50 U.S.C. 1701, et seq.
(2012) (``IEEPA''). On August 13, 2018, the President signed into
law the John S. McCain National Defense Authorization Act for Fiscal
Year 2019, which includes the Export Control Reform Act of 2018,
Division A, Title XVII, Subtitle B of Public Law 115-232, 132 Stat.
2208 (``ECRA''). While Section 1766 of ECRA repeals the provisions
of the EAA (except for three sections which are inapplicable here),
Section 1768 of ECRA provides, in pertinent part, that all rules and
regulations that were made or issued under the EAA, including as
continued in effect pursuant to IEEPA, and were in effect as of
ECRA's date of enactment (August 13, 2018), shall continue in effect
according to their terms until modified, superseded, set aside, or
revoked through action undertaken pursuant to the authority provided
under ECRA.
\2\ See also Section 11(h) of the EAA, 50 U.S.C. 4610(h) (Supp.
III 2015); Sections 1760(e) and 1768 of ECRA, Title XVII, Subtitle B
of Public Law 115-232, 132 Stat. 2208, 2225 and 2233 (Aug. 13,
2018); and note 1, supra.
\3\ See notes 1 and 2, supra.
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BIS has received notice of Adam Herz's conviction for violating
Section 38 of the AECA and has provided, pursuant to Section 766.25 of
the Regulations, notice and an opportunity for Adam Herz to make a
written submission to BIS. BIS has not received a submission from Adam
Herz.
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 Adam Herz's export privileges under the
Regulations for a period of 10 years from the date of Adam Herz's
conviction. I have also decided to revoke any BIS-issued licenses in
which Adam Herz had an interest at the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until October 13, 2026, Adam Al
Herz, with a last known address of Inmate Number: 13991-029, FMC
Rochester, P.O. Box 4000, Rochester, MN 55903, 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 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 Adam Herz 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, Adam Herz
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 Adam Herz and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until October 13, 2026.
Issued this 13th day of August, 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019-18069 Filed 8-21-19; 8:45 am]
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