Notice2024-22342
In the Matter of: Nicholas James Fuchs, Inmate Number: 77708-066, USP Lompoc, 3901 Klein Blvd., Lompoc, CA 93436; 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 30, 2024
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 89 Issue 189 (Monday, September 30, 2024)</title>
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[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Notices]
[Page 79520]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22342]
[[Page 79520]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Nicholas James Fuchs, Inmate Number: 77708-066,
USP Lompoc, 3901 Klein Blvd., Lompoc, CA 93436; Order Denying Export
Privileges
On January 16, 2024, in the U.S. District Court for the Eastern
District of Pennsylvania, Nicholas James Fuchs (``Fuchs''), was
convicted of violating 18 U.S.C. 371 and the International Emergency
Economic Powers Act (50 U.S.C 1701, et seq.) (``IEEPA''). Specifically,
Fuchs was convicted of conspiring to sell sanctioned Iranian petroleum/
crude oil to a refinery in China. As a result of his conviction, the
Court sentenced Fuchs to 10 months of imprisonment, two years of
supervised release, and a fine of $3,000.
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 and 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 Fuchs's conviction for violating 18 U.S.C.
371 and IEEPA, and has provided notice and opportunity for Fuchs 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 Fuchs.
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\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2024).
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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 Fuchs's export privileges
under the Regulations for a period of 10 years from the date of Fuchs's
conviction. The Office of Exporter Services has also decided to revoke
any BIS-issued licenses in which Fuchs 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 16, 2034, Nicholas
James Fuchs, with a last known address of Inmate Number: 77708-066, USP
Lompoc, 3901 Klein Blvd., Lompoc, CA 93436, 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 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 Fuchs 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, Fuchs 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 Fuchs and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 16, 2034.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024-22342 Filed 9-27-24; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on September 30, 2024.
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