Notice2023-19681
In the Matter of: Peter Sotis, Inmate Number: 13640-018, FCI Coleman, P.O. Box 1031, Coleman, FL 33521; 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 12, 2023
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 88 Issue 175 (Tuesday, September 12, 2023)</title>
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[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Notices]
[Pages 62533-62534]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19681]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Peter Sotis, Inmate Number: 13640-018, FCI
Coleman, P.O. Box 1031, Coleman, FL 33521; Order Denying Export
Privileges
On January 12, 2022, in the U.S. District Court for the Southern
District of Florida, Peter Sotis (``Sotis'') was convicted of violating
18 U.S.C. 371, the International Emergency Economic Powers Act (50
U.S.C. 1701, et seq.) (``IEEPA'') and 18 U.S.C. 554. Specifically,
Sotis was convicted of conspiring to export, exported and attempted to
export and smuggling four (4) rEvo III rebreathers from the United
States to Libya without the required license or written approval. As a
result of his conviction, the Court sentenced him to 57 months in
prison, three years of supervised release and a $300 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, IEEPA and 18 U.S.C. 554, 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 received notice of Sotis conviction for violating 18 U.S.C.
371, IEEPA and 18 U.S.C. 554. As provided
[[Page 62534]]
in section 766.25 of the Export Administration Regulations (``EAR'' or
the ``Regulations''), BIS provided notice and opportunity for Sotis to
make a written submission to BIS. 15 CFR 766.25.\2\ BIS received and
considered a written submission from Sotis.
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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 Sotis's export privileges
under the Regulations for a period of 10 years from the date of Sotis's
conviction. The Office of Exporter Services has also decided to revoke
any BIS-issued licenses in which Sotis 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 January 12, 2032, Peter
Sotis, with a last known address of Inmate Number: 13640-018, FCI
Coleman, P.O. Box 1031, Coleman, FL 33521 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 Sotis 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, Sotis 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 Sotis and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 12, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-19681 Filed 9-11-23; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on September 12, 2023.
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