[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Notices]
[Pages 46415-46416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21633]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Andrew Ward Freyer
In the Matter of: Andrew Ward Freyer, 54325 Oak Hill, La Quinta,
CA 92253.
Order Denying Export Privileges
On December 17, 2007, in the U.S. District Court of Central
District of California, Freyer was convicted of five counts of
violating the International Emergency Economic Powers Act (50 U.S.C.
1701-1706 (2000) (``IEEPA'') and one count of conspiracy (18 U.S.C. 371
(2000)), involving exporting, reexporting, selling and supplying valves
from the United States to Iran, through Australia without first
[[Page 46416]]
obtaining the required authorization from the U.S. Department of
Treasury, Office of Foreign Assets Controls. Freyer was sentenced to be
imprisoned for 17 months and upon release from imprisonment be placed
on probation for 2 years. In addition Freyer was fined $10,000.00. He
was released from prison on April 21, 2009.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director
of the Office of Exporter Services, in consultation with the Director
of the Office of Export Enforcement, may deny the export privileges of
any person who has been convicted of a violation of the [Export
Administration Act (``EAA'')], the EAR, or any order, license or
authorization issued thereunder; any regulation, license, or order
issued under the International Emergency Economic Powers Act (50 U.S.C.
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms
Export control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also
Section 11(h) of the EAA, 50 U.S.C. app. Sec. 24 10(h). The denial of
export privileges under this provision may be for a period of up to 10
years from the date of the conviction. 15 CFR 766.25(d); see also 50
U.S.C. app. Sec. 24 10(h). In addition, Section 750.8 of the
Regulations states that the Bureau of Industry and Security's Office of
Exporter Services may revoke any Bureau of Industry and Security
(``BIS'') licenses previously issued in which the person had an
interest in at the time of his conviction.
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\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2009), The Regulations
are issued pursuant to the Export Administration Act (``EAA''),
which is currently codified at 50 U.S.C. app. Sec. 2401-2420
(2000). Since August 21, 2001, the EAA has been in lapse and the
President, through Executive Order 13222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), which has been extended by successive
Presidential Notices, the most recent being that of August 13, 2009
(74 FR 41,325 (August 14, 2009)), has continued the Regulations in
effect under the International Emergency Economic Powers Act (50
U.S.C. 1701-1706 (2000)).
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I have received notice of Freyer's conviction for violating the
IEEPA, and have provided notice and an opportunity for Freyer to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. I have received a submission from Freyer. Based upon my
review and consideration of that submission, my consultations with
BIS's Office of Export Enforcement, including its Director, and the
facts available to BIS, I have decided to deny Freyer's export
privileges under the Regulations for a period often years from the date
of Freyer's conviction.
Accordingly, it is hereby Ordered
I. Until December 17, 2017, Andrew Ward Freyer with an address at:
54325 Oak I-Jill, La Quinta, CA, 92253, and when acting for or on
behalf of Freyer, his representatives, assigns, agents, or employees,
(collectively referred to hereinafter as 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, or in any other
activity 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 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 in any other activity subject to the Regulations.
II. 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.
III. After notice and opportunity for comment as provided in
Section 766.23 of the Regulations, any other person, firm, corporation,
or business organization related to Andrew Freyer by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services may also be made subject to the provisions of
this Order if necessary to prevent evasion of the Order.
IV. This Order does not prohibit any export, reexport, or other
transaction subject to the Regulations where the only items involved
that are subject to the Regulations are the foreign produced direct
product of U.S.-origin technology.
V. This Order is effective immediately and shall remain in effect
until December 17, 2017.
VI. In accordance with Part 756 of the Regulations, Freyer 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.
VII. A copy of this Order shall be delivered to Freyer. This Order
shall be published in the Federal Register.
Issued this 1st day of September 2009.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. E9-21633 Filed 9-8-09; 8:45 am]
BILLING CODE 3510-DT-M