[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Notices]
[Pages 11224-11225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03825]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Siddharth Bhatt, 170 West Polk Street, #1402, 
Chicago, IL 60605 and 201 Mamta Building, Jain Derasar Marg, Santa-Cruz 
(West), Mumbai, Maharashtra (India) 400054; Order Denying Export 
Privileges

    On September 16, 2020, in the U.S. District Court for the District 
of Columbia, Bhatt (``Bhatt''), was convicted of violating the 
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.) 
(``IEEPA''). Specifically, Bhatt was convicted of willfully exporting, 
and attempting to export and causing to be exported a U.S.-origin 
thermal imaging camera from the United States to the UAE, without 
having first obtained the required license from the U.S. Department of 
Commerce. Bhatt was sentenced to probation for a term of 48 months, a 
$100 assessment, and a fine of $2,500.
    Pursuant to Section 1760(e) of the Export Control Reform Act 
(``ECRA''),\1\ the export privileges of any person who has been 
convicted of certain offenses, including, but not limited to, IEEPA, 
may be denied for a period of up to ten (10) years from the date of 
his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). In addition, 
any Bureau of Industry and Security (BIS) licenses or other 
authorizations issued under ECRA, in which the person had an interest 
at the time of the conviction, may be revoked. Id.
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    \1\ ECRA was enacted as part of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019, and as amended, is 
codified at 50 U.S.C. 4801-4852. Bhatt's conviction post-dates 
ECRA's enactment on August 13, 2018.
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    BIS received notice of Bhatt's conviction for violating IEEPA, and 
has provided notice and opportunity for Bhatt to make a written 
submission to BIS, as provided in Section 766.25 of the Export 
Administration Regulations (``EAR'' or the ``Regulations''). 15 CFR 
766.25.\2\ BIS has not received a written submission from Bhatt.
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    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2020). 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 was 
extended by successive Presidential Notices, continued the 
Regulations in full force and effect under the International 
Emergency Economic Powers Act, 50 U.S.C. 1701, et seq. (2012) 
(``IEEPA''). Section 1768 of ECRA, 50 U.S.C. 4826, 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. See note 1 
above.
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    Based upon my review of the record and consultations with BIS's 
Office of Exporter Services, including its Director, and the facts 
available to BIS, I have decided to deny Bhatt's export privileges 
under the Regulations for a period of 10 years from the date of Bhatt's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Bhatt had an interest at the time of 
his conviction.\3\
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    \3\ The Director, Office of Export Enforcement, is now the 
authorizing official for issuance of denial orders, pursuant to 
recent amendments to the Regulations (85 FR 73411, November 18, 
2020).
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    Accordingly, it is hereby Ordered:
    First, from the date of this Order until September 16, 2030, 
Siddharth Bhatt, with last known addresses of 170 West Polk Street, 
#1402, Chicago, IL 60605 and 201 Mamta Building, Jain Derasar Marg, 
Santa-Cruz (West), Mumbai, Maharashtra (India) 400054, 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,

[[Page 11225]]

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, pursuant to Section 1760(e) of ECRA (50 U.S.C. 4819(e)) and 
Sections 766.23 and 766.25 of the Regulations, any other person, firm, 
corporation, or business organization related to Bhatt 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, Bhatt 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 Bhatt and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until September 16, 2030.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-03825 Filed 2-23-21; 8:45 am]
BILLING CODE 3510-DT-P