Notice2022-26517
Order Denying Export Privileges; In the Matter of: Mark Komoroski, 620 Fairchild Street, Nanticoke, PA 18634
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
December 7, 2022
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 87 Issue 234 (Wednesday, December 7, 2022)</title>
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[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75029-75030]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26517]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the Matter of: Mark
Komoroski, 620 Fairchild Street, Nanticoke, PA 18634
On February 14, 2020, in the U.S. District Court for the Middle
District of Pennsylvania, Mark Komoroski (``Komoroski''), was convicted
of violating the International Emergency Economic Powers Act (50 U.S.C
1701, et seq.) (``IEEPA''). Specifically, Komoroski was convicted of
unlawfully and willfully attempting to export and attempting to cause
and to be exported from the United States to Russia one Leupold VX-6,
1-6x24mm CDS Matte FireDot Circle 112319 riflescope, an item designated
ECCN 0A987 on the Commerce Control List at the time of export, and
which required a license for export to Russia. Komoroski failed to
first obtain the required authorization and license for such export
from the U.S. Department of Commerce. As a result of his conviction,
the Court sentenced Komoroski to seven months incarceration, two years
of supervised release, $100 court assessment, and a $1,000 fine.
Komoroski was also placed on U.S. Department of State's debarred list.
Pursuant to section 1760(e) of the Export Control Reform Act
(``ECRA''),\1\ the export privileges of any person who has been
convicted of certain offenses, including, but not limited to, IEEPA,
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 on August 13, 2018, 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.
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BIS received notice of Komoroski's conviction for violating IEEPA,
and has provided notice and opportunity for Komoroski 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 received and considered a written submission from
Komoroski.
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\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730 through 774 (2022).
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Based upon my review of the record, including Komoroski's
submission, and consultations with BIS's Office of Exporter Services,
including its Director, and the facts available to BIS, I have decided
to deny Komoroski's export privileges under the Regulations for a
period of 10 years from the date of Komoroski's conviction. The Office
of Exporter Services has also decided to revoke any BIS-issued licenses
in which Komoroski 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
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 February 14, 2030, Mark
Komoroski, with a last known address of, 620 Fairchild Street,
Nanticoke, PA 18634, 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,
[[Page 75030]]
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 the Export Control Reform Act
(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 Komoroski 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, Komoroski
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 Komoroski 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. 2022-26517 Filed 12-6-22; 8:45 am]
BILLING CODE 3510-33-P
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</html>Indexed from Federal Register on December 7, 2022.
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