[Federal Register Volume 75, Number 110 (Wednesday, June 9, 2010)]
[Notices]
[Pages 32743-32745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13895]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Green Supply, Inc.; Robert
Leland Green and William Robert Green; Order Denying Export Privileges
In the Matter of: Green Supply, Inc., 3059 Audrian Road 581,)
Vandalia, Missouri 63382, Respondent; Robert Leland Green, 3059
Audrian Road 581, Vandalia, Missouri 63382; William Robert Green,
3059 Audrian Road 581, Vandalia, Missouri 63382; Related Persons. )
A. Denial of Export Privileges of Green Supply, Inc.
On January 22, 2008, in the U.S. District Court for the Eastern
District of Missouri, Green Supply, Inc. (``GSI'') pled guilty to, and
was convicted of, one count of violating the International Emergency
Economics Power Act, (50 U.S.C. 1701 et seq.) (``IEEPA'') and one count
of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2000)) (``AECA''). Specifically, GSI pled guilty to knowingly and
willfully exporting to persons outside the United States certain
commodities which included night vision goggles, global positioning
systems, and firearm scopes and sights without the required licenses,
in violation of IEEPA. GSI also pled guilty to knowingly and willfully
exporting to persons outside the United States firearm magazines or
clips without the required licenses, in violation of the AECA. GSI was
sentenced to two years probation, fined $17,500.00 and an $800.00
special assessment.
Section 766.25 of the Export Administration Regulations (``EAR'' or
[[Page 32744]]
``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, of 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. section 2410(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. section 2410(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
issued pursuant to the EAA (50 U.S.C. app. section 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
part 2001 Comp. 783 (2002)), which has been extended by successive
Presidential Notices, the most recent being that of August 13, 2009
(74 FR. 41325, August 14, 2009), has continued the Regulations in
effect under the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq. (2000)).
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I have received notice of GSI's conviction for violating the IEEPA
and AECA, and have provided notice and an opportunity for GSI to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from GSI. Based upon my
review and consultations with BIS's Office of Export Enforcement,
including its Director, and the facts available to BIS, I have decided
to deny GSI's export privileges under the Regulations for a period of
five years from the date of GSI's conviction. I have also decided to
revoke all licenses issued pursuant to the Act or Regulations in which
GSI had an interest at the time of its conviction.
B. Denial of Export Privileges of Related Person
Pursuant to Sections 766.25(h) and 766.23 of the Regulations, the
Director of BIS's Office of Exporter Services, in consultation with the
Director of BIS's Office of Export Enforcement, may take action to name
persons related to a Respondent by ownership, control, position of
responsibility, affiliation, or other connection in the conduct of
trade or business in order to prevent evasion of a denial order. GSI's
2009 annual report, filed with the Missouri Secretary of State on April
10, 2009 lists Robert Green as President and William Green as
Secretary. William Green and Robert Green are related to GSI by
ownership, control, position of responsibility, affiliation, or other
connection in the conduct of trade or business. BIS believes that
naming William Green and Robert Green as persons related to GSI is
necessary to avoid evasion of the denial order against GSI.
As provided in Section 766.23 of the Regulations, I gave notice to
William Green and Robert Green that their export privileges under the
Regulations could be denied for up to 10 years due to their
relationship with GSI and that BIS believes naming them as persons
related to GSI would be necessary to prevent evasion of a denial order
imposed against GSI. In providing such notice, I gave William Green and
Robert Green an opportunity to oppose their addition to the GSI Denial
Order as a related party. Having received no submission, I have
decided, following consultations with BIS's Office of Export
Enforcement, including its Director, to name William Green and Robert
Green as Related Persons to the GSI Denial Order, thereby denying their
export privileges for five years from the date of GSI`s conviction.
I have also decided to revoke all licenses issued pursuant to the
Act or Regulations in which the Related Persons had an interest at the
time of GSI's conviction. The five-year denial period will end on
January 22, 2013.
Accordingly, it is hereby ordered
I. Until January 22, 2013, Green Supply, Inc., 3059 Audrian Road
581, Vandalia, Missouri 63382, and when acting for or on behalf of GSI,
its successors or assigns, agents, or employees, (``the Denied
Person'') and the following persons related to the Denied Person as
defined by Section 766.23 of the Regulations: Robert Leland Green and
William Robert Green, both with an address at 3059 Audrian Road 581,
Vandalia, Missouri 63382, and when acting for or on their behalf,
employees, agents or representatives, (``the Related Persons'')
(together, the Denied Person and the Related Persons are ``Persons
Subject To This Order'') 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.
[[Page 32745]]
III. In addition to the Related Persons named above, 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 the Denied Person 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 January 22, 2013.
VI. In accordance with Part 756 of the Regulations, GSI 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. In accordance with Part 756 of the Regulations, the Related
Person may also file an appeal of this Order with the Under Secretary
of Commerce for Industry and Security.
VIII. A copy of this Order shall be delivered to the Denied Person
and the Related Person. This Order shall be published in the Federal
Register.
Issued this 28th day of May, 2010.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2010-13895 Filed 6-8-10; 8:45 am]
BILLING CODE 3510-DT-P