Notice2021-19695
In the Matter of: Akeem Shonari Awer; Inmate Number: 18325-104; Big Spring Correctional Institution; 2001 Rickabaugh Drive; Big Spring, TX 79720; Order Denying Export Privileges
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 13, 2021
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 86 Issue 174 (Monday, September 13, 2021)</title>
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[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Notices]
[Pages 50875-50876]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19695]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Akeem Shonari Awer; Inmate Number: 18325-104;
Big Spring Correctional Institution; 2001 Rickabaugh Drive; Big Spring,
TX 79720; Order Denying Export Privileges
On February 14, 2020, in the U.S. District Court for the Southern
District of Florida, Akeem Shonari Awer (``Awer'') was convicted of
violating
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Section 38 of the Arms Export Control Act (22 U.S.C. Sec. 2778)
(``AECA''). Specifically, Awer was convicted for knowingly and
willfully attempting to export firearms and ammunitions from the United
States to Barbados without having first obtained the required licenses
or written approval from the United States Department of State. As a
result of his conviction, the Court sentenced Awer to 46 months in
prison, two years of supervised released, and a $100 court assessment.
Pursuant to Section 1760(e) of the Export Control Reform Act of
2018 (``ECRA''),\1\ 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. 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. Awer's conviction post-dates ECRA's
enactment on August 13, 2018.
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BIS received notice of Awer's conviction for violating Section 38
of the AECA, and has provided notice and opportunity for Awer 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 Awer.
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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 Awer's export privileges under
the Regulations for a period of 10 years from the date of Awer's
conviction. The Office of Exporter Services has also decided to revoke
any BIS-issued licenses in which Awer had an interest at the time of
his conviction.\3\
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\3\ Pursuant to recent amendments to the Regulations, the
Director of the Office of Export Enforcement is now the authorizing
official for issuance of denial orders. (85 FR 73411, November 18,
2020).
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Accordingly, it is hereby ordered:
First, from the date of this Order until February 14, 2030, Akeem
Shonari Awer, with a last known address of Inmate Number: 18325-104,
Big Spring Correctional Institution, 2001 Rickabaugh Drive, Big Spring,
TX 79720, 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 Awer 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, Awer 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 set forth in
Part 756 of the Regulations.
Fifth, a copy of this Order shall be delivered to Awer and shall be
published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until February 14, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-19695 Filed 9-10-21; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on September 13, 2021.
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