Notice2022-18551
Order Denying Export Privileges; In the Matter of: Naum Morgovsky, Currently Incarcerated at: Inmate Number: 92623-111, FMC Fort Worth Federal Medical Center, P.O. Box 15330, Fort Worth, TX 76119, and With an Address at: 1423 Avondale Road, Hillsborough, CA 94010
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
August 29, 2022
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 87 Issue 166 (Monday, August 29, 2022)</title>
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[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Notices]
[Page 52740]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18551]
[[Page 52740]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the Matter of: Naum
Morgovsky, Currently Incarcerated at: Inmate Number: 92623-111, FMC
Fort Worth Federal Medical Center, P.O. Box 15330, Fort Worth, TX
76119, and With an Address at: 1423 Avondale Road, Hillsborough, CA
94010
On November 13, 2018, in the U.S. District Court for the Northern
District of California, Naum Morgovsky was convicted of violating
section 38 of the Arms Export Control Act (22 U.S.C. 2778)
(``AECA'').\1\ Specifically, Naum Morgovsky was convicted of, among
other things, knowingly and willfully and intentionally conspiring to
export components for the production of night-vision and thermal
devices designated as defense articles on the United States Munitions
List from the United States to Russia, without having first obtained
from the Department of State a license for such export or written
authorization for such export. As a result of his conviction, the Court
sentenced Naum Morgovsky to 108 months in prison, supervised release
for three years, a criminal fine of $1,000,000 and a $300 assessment.
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\1\ The U.S. Court of Appeals for the Ninth Circuit affirmed the
conviction on September 22, 2020.
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Pursuant to section 1760(e) of the Export Control Reform Act
(``ECRA''), 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. See 50 U.S.C. 4819(e). 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.
BIS received notice of Naum Morgovsky's conviction for violating
section 38 of the AECA. BIS provided notice and opportunity for Naum
Morgovsky 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 Naum Morgovsky.
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\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2022).
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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 Naum Morgovsky's export
privileges under the Regulations for a period of 10 years from the date
of Naum Morgovsky's conviction. The Office of Exporter Services has
also decided to revoke any BIS-issued licenses in which Naum Morgovsky
had an interest at the time of his conviction.\3\
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\3\ The Director, Office of Export Enforcement, is the
authorizing official for issuance of denial orders, pursuant to
recent amendments to the Regulations (85 FR 73411, November 18,
2020).
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Accordingly, it is hereby ordered:
First, from the date of this Order until November 13, 2028, Naum
Morgovsky, with last known addresses of: currently incarcerated at:
Inmate Number: 92623-111, FMC Fort Worth, Federal Medical Center, P.O.
Box 15330, Fort Worth, TX 76119, and with an address at: 1423 Avondale
Road, Hillsborough, CA 94010, 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 Naum Morgovsky 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, Naum
Morgovsky 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 Naum Morgovsky
and shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until November 13, 2028.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-18551 Filed 8-26-22; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on August 29, 2022.
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