[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Notices]
[Pages 69008-69009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26355]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges: In the Matter of: Douglas
Glover, 229 East Haven Drive, Birmingham, AL 35215
On April 8, 2019, in the U.S. District Court for the Northern
District of Alabama, Douglas Glover (``Glover''), was convicted of
violating 18 U.S.C. 554(a). Specifically, Glover was convicted of
knowingly attempting to export and send from the United States to
Russia, 30 round capacity AK-47 magazines, without a Department of
State export license or other written authorization in violation of 18
U.S.C. 554. Glover was sentenced to 16 months in prison and two years
of supervised release.
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, 18 U.S.C.
554, 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. Glover's conviction post-dates
ECRA's enactment on August 13, 2018.
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BIS received notice of Glover's conviction for violating 18 U.S.C.
554, and has provided notice and opportunity for Glover 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 Glover.
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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 Glover's export privileges
under the Regulations for a period of seven years from the date of
Glover's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Glover 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 April 8, 2026, Douglas
Glover, with a last known address of 229 East Haven Drive, Birmingham,
AL 35215, 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
[[Page 69009]]
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 Glover 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, Glover 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 Glover and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until April 8, 2026.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-26355 Filed 12-3-21; 8:45 am]
BILLING CODE 3510-33-P