Notice2021-19723
In the Matter of: Tengiz Sydykov, 2805 8th Street South, Arlington, VA 22204-2245; 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 14, 2021
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 86 Issue 175 (Tuesday, September 14, 2021)</title>
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[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51113-51114]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19723]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Tengiz Sydykov, 2805 8th Street South,
Arlington, VA 22204-2245; Order Denying Export Privileges
On January 11, 2019 in the U.S. District Court for the Eastern
District of Virginia, Tengiz Sydykov (``Sydykov'') was convicted of
violating section 38 of the Arms Export Control Act (22 U.S.C. 2778)
(``AECA''). Specifically, Sydykov was convicted for knowingly and
willfully exporting and causing to be exported from the United States
to
[[Page 51114]]
Grozny, Chechnya, Russia defense articles, that is: 7 Assembled
firearms, 130 fully assembled lower recievers, 266 firearm slides, 158
firearm barrels, 996 firearm magazines, 10 stocks, 133 firearm frames
and 453 functional firearms including springs and firing pins, which
were designated as defense articles on the United States Munitions
List, 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 Sydykov to 36 months in prison, three
years supervised release, and a $100 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. Sydykov's conviction post-dates
ECRA's enactment on August 13, 2018.
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BIS received notice of Sydykov's conviction for violating Section
38 of the AECA, and has provided notice and opportunity for Sydykov 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 Sydykov.
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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 Sydykov's export privileges
under the Regulations for a period of 10 years from the date of
Sydykov's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Sydykov 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 January 11, 2029, Tengiz
Sydykov, with a last known address of 2805 8th Street South, Arlington,
VA 22204-2245, 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 Sydykov 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, Sydykov 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 Sydykov and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 11 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-19723 Filed 9-13-21; 8:45 am]
BILLING CODE 3510-DT-P
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