[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Notices]
[Pages 79517-79518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22340]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Robert Thwaites Inmate Number: 77709-066, FTC
Oklahoma City, Federal Transfer Center, P.O. Box 898801, Oklahoma City,
OK 73189; Order Denying Export Privileges
On January 10, 2024, in the U.S. District Court for the Eastern
District of Pennsylvania, Robert Thwaites (``Thwaites''), was convicted
of violating 18 U.S.C. 371 and the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq.) (``IEEPA''). Specifically,
Thwaites was convicted of conspiring to sell sanctioned Iranian
petroleum/crude oil to a refinery in China. As a result of his
conviction, the Court sentenced Thwaites to 10 months of imprisonment,
two years of supervised release, and a fine of $3,000.
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.
371 and 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.
---------------------------------------------------------------------------
\1\ ECRA was enacted on August 13, 2018, 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.
---------------------------------------------------------------------------
BIS received notice of Thwaites's conviction for violating 18
U.S.C. 371 and IEEPA, and has provided notice and opportunity for
Thwaites 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 received and considered a
written submission from Thwaites.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2024).
---------------------------------------------------------------------------
Based upon my review of the record, including Thwaites's
submission, and consultations with BIS's Office of Exporter Services,
including its Director, and the facts available to BIS, I have decided
to deny Thwaites's export privileges under the Regulations for a period
of 10 years from the date of Thwaites's conviction. The Office of
Exporter Services has also decided to revoke any BIS-issued licenses in
which Thwaites had an interest at the time of his conviction.\3\
---------------------------------------------------------------------------
\3\ 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 January 10, 2034, Robert
Thwaites, with a last known address of Inmate Number: 77709-066, FTC
Oklahoma City, Federal Transfer Center, P.O. Box 898801, Oklahoma City,
OK 73189, 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,
[[Page 79518]]
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 Thwaites 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, Thwaites
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 Thwaites and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 10, 2034.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024-22340 Filed 9-27-24; 8:45 am]
BILLING CODE 3510-DT-P