[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Notices]
[Pages 17796-17797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06126]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Randy Lew Williams, 4009 Oxford Way, Norman, OK
73072-3231; Order Denying Export Privileges
On March 3, 2021, in the U.S. District Court for the Western
District of Oklahoma, Randy Lew Williams (``Williams'') was convicted
of violating section 38 of the Arms Export Control Act (22 U.S.C. 2778)
(``AECA''). Specifically, Williams was convicted of knowingly and
willfully exporting and causing to be exported from the United States
to Iraq, Glock 19 gun barrels; Glock 19 slides, a Glock 19 recoil
spring assembly, a Glock 19 slide stop lever, a Glock 19 trigger
mechanism housing with ejector, and a Glock 19 trigger with trigger
bar, which are designated as defense articles on the United States
Munitions Lists, without having first obtained from the Department of
State a license for such export or written authorization. As a result
of his conviction, the Court sentenced Williams to 40 months of
confinement, two years of supervised release and a $300 assessment.
Williams was also placed on U.S. Department of State's debarred list.
Pursuant to section 1760(e) of the Export Control Reform Act
(``ECRA''), 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. See 50 U.S.C. 4819(e). 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.
BIS received notice of Williams's conviction for violating section
38 of the AECA. BIS provided notice and opportunity for Williams to
make a written submission to BIS, as provided in section 766.25 of the
Export Administration Regulations (``EAR'' or
[[Page 17797]]
the ``Regulations''). 15 CFR 766.25.\1\ BIS has not received a written
submission from Williams.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2022).
---------------------------------------------------------------------------
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 Williams's export privileges
under the Regulations for a period of 10 years from the date of
Williams's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Williams had an interest at
the time of his conviction.\2\
---------------------------------------------------------------------------
\2\ The Director, Office of Export Enforcement, is the
authorizing official for issuance of denial orders, pursuant to
amendments to the Regulations (85 FR 73411, November 18, 2020).
---------------------------------------------------------------------------
Accordingly, it is hereby ordered:
First, from the date of this Order until March 3, 2031, Randy Lew
Williams, with a last known address of 4009 Oxford Way, Norman, OK
73072-3231, 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 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 Williams 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, Williams
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 Williams and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until March 3, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-06126 Filed 3-23-23; 8:45 am]
BILLING CODE 3510-DT-P