[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51117-51118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19804]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Andy Lloyd Huebschmann, W1001 County Road HHH, 
Chilton, WI 53014; Order Denying Export Privileges

    On December 13, 2019, in the U.S. District Court for the Eastern 
District of Wisconsin, Andy Lloyd Huebschmann (``Huebschmann''), was 
convicted of violating Section 38 of the Arms Export Control Act (22 
U.S.C 2778) (``AECA''). Specifically, Huebschmann was convicted of 
knowingly and willfully exporting and causing to be exported from the 
United States to Australia defense articles, that is a rifle kit 
including a Model GA 9mm lower receiver, upper receiver, barrel, 
trigger control group, bolt carrier, and pistol grip, which were and 
are designated as defense articles on the United States Munitions List, 
without having first obtained from the Department of State a license 
for such export or written authorization for such export. As a result 
of his conviction, Huebschmann was sentenced to 24 months in prison, 
supervised release for one year, a criminal fine of $15,000 and a $100 
assessment.
    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, Section 
38 of the AECA, 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. Huebschmann's conviction post-dates 
ECRA's enactment on August 13, 2018.
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    BIS received notice of Huebschmann's conviction for violating 
Section 38 of the AECA, and has provided notice and opportunity for 
Huebschmann 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 received and granted 
Huebschmann's requests for additional time, until March 31, 2021 and 
again until July 16, 2021, to provide a written response. BIS did not 
receive a written submission from Huebschmann within the allotted time.
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    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2021).
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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 Huebschmann's export 
privileges under the Regulations for a period of 10 years from the date 
of Huebschmann's conviction. The Office of Exporter Services has also 
decided to revoke any BIS-issued licenses in which Huebschmann 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 Fed. Reg. 73411, November 
18, 2020).

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[[Page 51118]]

    Accordingly, it is hereby ordered:
    First, from the date of this Order until December 13, 2029, Andy 
Lloyd Huebschmann, with a last known address of W1001 County Road HHH, 
Chilton, WI 53014, 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, reexport, or transfer (in-country) 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 the Export Control Reform Act 
(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 Huebschmann 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, Huebschmann 
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 Huebschmann and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until December 13, 2029.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-19804 Filed 9-13-21; 8:45 am]
BILLING CODE 3510-DT-P