Notice2023-12948
In the Matter of: Samet Doyduk, 32 E 10th Avenue, Runnemede, NJ 08078-1128; 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
June 16, 2023
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 88 Issue 116 (Friday, June 16, 2023)</title>
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[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39401-39402]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12948]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Samet Doyduk, 32 E 10th Avenue, Runnemede, NJ
08078-1128; Order Denying Export Privileges
On July 12, 2022, in the U.S. District Court for the District of
New Jersey, Samet Doyduk (``Doyduk'') was convicted of violating 18
U.S.C. 371. Specifically, Doyduk was convicted of conspiring to export
firearm parts purchased in the United States to be shipped to Turkey
and the Republic of Georgia. As a result of his conviction, the Court
sentenced Doyduk to 15 months of imprisonment, three years of
supervised release and $100 special assessment.
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, 18 U.S.C.
371, 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). 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 has received notice of Doyduk's conviction for violating 18
U.S.C. 371. The Regulations provide that before taking action to deny a
person's export privileges under section 766.25, BIS shall provide the
person written notice of the proposed action and an opportunity to
comment through a written submission, ``unless exceptional
circumstances exist.'' 15 CFR 766.25(b). In this case, BIS made two
unsuccessful attempts to serve Doyduk written notice and an opportunity
to comment through a written submission. The first attempt was sent via
UPS and was returned to BIS stamped ``RECEIVER DID NOT WANT, REFUSED
DELIVERY''. The second attempt was sent via certified mail--return
receipt requested. BIS has not received a receipt and the United States
Post Office tracker indicates the ``STATUS IS NOT AVAILABLE''. As a
result, exceptional circumstances exist. However, as set forth below,
the opportunity to appeal this Order pursuant to Part 756 of the
Regulations remains available to Doyduk.
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 Doyduk's export privileges
under the Regulations for a period of seven years from the date of
Doyduk's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which
[[Page 39402]]
Doyduk had an interest at the time of his conviction.\2\
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\2\ 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 July 12, 2029, Samet
Doyduk, with a last known address of 32 E 10th Avenue, Runnemede, NJ
08078-1128, 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 and sections 766.23 and
766.25 of the Regulations, any other person, firm, corporation, or
business organization related to Doyduk 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, Doyduk 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 Doyduk and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until July 12, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-12948 Filed 6-15-23; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on June 16, 2023.
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