11224 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Notices 

1ECRA was enacted 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. Bhatt’s conviction post-dates ECRA’s 

enactment on August 13, 2018. 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR Parts 730– 

774 (2020). The Regulations originally issued under 

the Export Administration Act of 1979, as amended, 

50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’), 

which lapsed on August 21, 2001. The President, 

through Executive Order 13,222 of August 17, 2001 

(3 CFR, 2001 Comp. 783 (2002)), which was 

extended by successive Presidential Notices, 

continued the Regulations in full force and effect 

under the International Emergency Economic 

Powers Act, 50 U.S.C. 1701, et seq. (2012) 

(‘‘IEEPA’’). Section 1768 of ECRA, 50 U.S.C. 4826, 

provides in pertinent part that all rules and 

regulations that were made or issued under the 

EAA, including as continued in effect pursuant to 

IEEPA, and were in effect as of ECRA’s date of 

enactment (August 13, 2018), shall continue in 

effect according to their terms until modified, 

superseded, set aside, or revoked through action 

undertaken pursuant to the authority provided 

under ECRA. See note 1 above. 

3The Director, Office of Export Enforcement, is 

now the authorizing official for issuance of denial 

orders, pursuant to recent amendments to the 

Regulations (85 FR 73411, November 18, 2020). 

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 or reexport 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 Kharbey 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, Kharbey 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 Kharbey and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until May 31, 2026. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2021–03823 Filed 2–23–21; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Siddharth Bhatt, 170 

West Polk Street, #1402, Chicago, IL 

60605 and 201 Mamta Building, Jain 

Derasar Marg, Santa-Cruz (West), 

Mumbai, Maharashtra (India) 400054; 

Order Denying Export Privileges 

On September 16, 2020, in the U.S. 

District Court for the District of 

Columbia, Bhatt (‘‘Bhatt’’), was 

convicted of violating the International 

Emergency Economic Powers Act (50 

U.S.C. 1701, et seq.) (‘‘IEEPA’’). 

Specifically, Bhatt was convicted of 

willfully exporting, and attempting to 

export and causing to be exported a 

U.S.-origin thermal imaging camera 

from the United States to the UAE, 

without having first obtained the 

required license from the U.S. 

Department of Commerce. Bhatt was 

sentenced to probation for a term of 48 

months, a $100 assessment, and a fine 

of $2,500. 

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. 

BIS received notice of Bhatt’s 

conviction for violating IEEPA, and has 

provided notice and opportunity for 

Bhatt 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 Bhatt. 

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 Bhatt’s export 

privileges under the Regulations for a 

period of 10 years from the date of 

Bhatt’s conviction. The Office of 

Exporter Services has also decided to 

revoke any BIS-issued licenses in which 

Bhatt had an interest at the time of his 

conviction.3

Accordingly, it is hereby Ordered: 

First, from the date of this Order until 

September 16, 2030, Siddharth Bhatt, 

with last known addresses of 170 West 

Polk Street, #1402, Chicago, IL 60605 

and 201 Mamta Building, Jain Derasar 

Marg, Santa-Cruz (West), Mumbai, 

Maharashtra (India) 400054, 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, 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Notices 11225 

1ECRA was enacted 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. Rodriguez’s conviction post-dates 

ECRA’s enactment on August 13, 2018. 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR Parts 730– 

774 (2020). The Regulations originally issued under 

the Export Administration Act of 1979, as amended, 

50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’), 

which lapsed on August 21, 2001. The President, 

through Executive Order 13,222 of August 17, 2001 

(3 CFR, 2001 Comp. 783 (2002)), which was 

extended by successive Presidential Notices, 

continued the Regulations in full force and effect 

under the International Emergency Economic 

Powers Act, 50 U.S.C. 1701, et seq. (2012) 

(‘‘IEEPA’’). Section 1768 of ECRA, 50 U.S.C. 4826, 

provides in pertinent part that all rules and 

regulations that were made or issued under the 

EAA, including as continued in effect pursuant to 

IEEPA, and were in effect as of ECRA’s date of 

enactment (August 13, 2018), shall continue in 

effect according to their terms until modified, 

superseded, set aside, or revoked through action 

undertaken pursuant to the authority provided 

under ECRA. See note 1 above. 

3The Director, Office of Export Enforcement, is 

now the authorizing official for issuance of denial 

orders, pursuant to recent amendments to the 

Regulations (85 FR 73411, November 18, 2020). 

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 or reexport 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 Bhatt 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, Bhatt 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 Bhatt and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until September 16, 2030. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2021–03825 Filed 2–23–21; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Jesse Rodriguez, 2025 

Dana Avenue #F6, Brownsville, TX 

78521; Order Denying Export 

Privileges 

On January 16, 2019, in the U.S. 

District Court for the Southern District 

of Texas, Jesse Rodriguez (‘‘Rodriguez’’), 

was convicted of violating 18 U.S.C. 

554(a). Specifically, Rodriguez was 

convicted of fraudulently and 

knowingly facilitating the 

transportation, concealment, and sale of 

merchandise, including .223 and 7.62 

caliber ammunition, which are defense 

articles as defined under the United 

States Munitions List, in violation of 18 

U.S.C. 554. Rodriguez was sentenced to 

30 months in prison, supervised release 

for one year, and a $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. 

554(a), 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. 

BIS received notice of Rodriguez’s 

conviction for violating 18 U.S.C. 

554(a), and has provided notice and 

opportunity for Rodriguez 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 Rodriguez. 

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 Rodriguez’s 

export privileges under the Regulations 

for a period of five years from the date 

of Rodriguez’s conviction. The Office of 

Exporter Services has also decided to 

revoke any BIS-issued licenses in which 

Rodriguez had an interest at the time of 

his conviction.3

Accordingly, it is hereby Ordered: 

First, from the date of this Order until 

January 16, 2024, Jesse Rodriguez, with 

a last known address of 2025 Dana 

Avenue #F6, Brownsville, TX 78521, 

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 


khammond on DSKJM1Z7X2PROD with NOTICES