46416 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2009), The Regulations are issued pursuant to 

the Export Administration Act (‘‘EAA’’), which is 

currently codified at 50 U.S.C. app. § 2401–2420 

(2000). Since August 21, 2001, the EAA has been 

in lapse and the President, through Executive Order 

13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 

(2002)), which has been extended by successive 

Presidential Notices, the most recent being that of 

August 13, 2009 (74 FR 41,325 (August 14, 2009)), 

has continued the Regulations in effect under the 

International Emergency Economic Powers Act (50 

U.S.C. 1701–1706 (2000)). 

obtaining the required authorization 

from the U.S. Department of Treasury, 

Office of Foreign Assets Controls. Freyer 

was sentenced to be imprisoned for 17 

months and upon release from 

imprisonment be placed on probation 

for 2 years. In addition Freyer was fined 

$10,000.00. He was released from prison 

on April 21, 2009. 

Section 766.25 of the Export 

Administration Regulations (‘‘EAR’’ or 

‘‘Regulations’’) 1 provides, in pertinent 

part, that ‘‘[t]he Director of the Office of 

Exporter Services, in consultation with 

the Director of the Office of Export 

Enforcement, may deny the export 

privileges of any person who has been 

convicted of a violation of the [Export 

Administration Act (‘‘EAA’’)], the EAR, 

or any order, license or authorization 

issued thereunder; any regulation, 

license, or order issued under the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706); 18 

U.S.C. 793, 794 or 798; section 4(b) of 

the Internal Security Act of 1950 (50 

U.S.C. 783(b)), or section 38 of the Arms 

Export control Act (22 U.S.C. 2778).’’ 15 

CFR 766.25(a); see also Section 11(h) of 

the EAA, 50 U.S.C. app. § 24 10(h). The 

denial of export privileges under this 

provision may be for a period of up to 

10 years from the date of the conviction. 

15 CFR 766.25(d); see also 50 U.S.C. 

app. § 24 10(h). In addition, Section 

750.8 of the Regulations states that the 

Bureau of Industry and Security’s Office 

of Exporter Services may revoke any 

Bureau of Industry and Security (‘‘BIS’’) 

licenses previously issued in which the 

person had an interest in at the time of 

his conviction. 

I have received notice of Freyer’s 

conviction for violating the IEEPA, and 

have provided notice and an 

opportunity for Freyer to make a written 

submission to BIS, as provided in 

Section 766.25 of the Regulations. I have 

received a submission from Freyer. 

Based upon my review and 

consideration of that submission, my 

consultations with BIS’s Office of 

Export Enforcement, including its 

Director, and the facts available to BIS, 

I have decided to deny Freyer’s export 

privileges under the Regulations for a 

period often years from the date of 

Freyer’s conviction. 

Accordingly, it is hereby Ordered 

I. Until December 17, 2017, Andrew 

Ward Freyer with an address at: 54325 

Oak I–Jill, La Quinta, CA, 92253, and 

when acting for or on behalf of Freyer, 

his representatives, assigns, agents, or 

employees, (collectively referred to 

hereinafter as 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, or in any other activity 

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 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 in 

any other activity subject to the 

Regulations. 

II. 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. 

III. After notice and opportunity for 

comment as provided in Section 766.23 

of the Regulations, any other person, 

firm, corporation, or business 

organization related to Andrew Freyer 

by affiliation, ownership, control, or 

position of responsibility in the conduct 

of trade or related services may also be 

made subject to the provisions of this 

Order if necessary to prevent evasion of 

the Order. 

IV. This Order does not prohibit any 

export, reexport, or other transaction 

subject to the Regulations where the 

only items involved that are subject to 

the Regulations are the foreign produced 

direct product of U.S.-origin technology. 

V. This Order is effective immediately 

and shall remain in effect until 

December 17, 2017. 

VI. In accordance with Part 756 of the 

Regulations, Freyer 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. 

VII. A copy of this Order shall be 

delivered to Freyer. This Order shall be 

published in the Federal Register. 

Issued this 1st day of September 2009. 

Bernard Kritzer, 

Director, Office of Exporter Services. 

[FR Doc. E9–21633 Filed 9–8–09; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Bertrand Lalsingh 

In the Matter of: Bertrand Lalsingh, 4252 

Stirling Rd., Hollywood, FL 33021. 

Order Denying Export Privileges 

On February 8, 2008, in the U.S. 

District Court for Southern District of 

Florida, Bertrand Lalsingh (‘‘Lalsingh’’) 

pled guilty to, and was convicted of, 

violating Section 38 of the Arms Export 

Control Act (22 U.S.C. 2778 (2000)) 

(‘‘AECA’’). Lalsingh pled guilty to 


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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 46417 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR Parts 730– 

774 (2009). The Regulations are issued pursuant to 

the Export Administration Act (‘‘EAA’’), which is 

currently codified at 50 U.S.C. app. §§ 2401–2420 

(2000). Since August 21, 2001, the EAA has been 

in lapse and the President, through Executive Order 

13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 

(2002)), which has been extended by successive 

Presidential Notices, the most recent being that of 

August 13, 2009 (74 FR 41325 (August 14, 2009)), 

has continued the Regulations in effect under the 

International Emergency Economic Powers Act (50 

U.S.C. 1701–1706 (2000)). 

knowingly and willfully exporting an 

EOTech 553 Holographic Weapon Sight, 

an item designated as a ‘‘defense 

article’’ in Category I of the United 

States Munitions List, from the United 

States to Germany, without having first 

obtained authorization from the 

Department of State. Lalsingh was 

sentenced to 5 months prison, 5 months 

home confinement, 2 years probation, 

and a $100 special assessment. He was 

released from prison on August 19, 

2008. 

Section 766.25 of the Export 

Administration Regulations (‘‘EAR’’ or 

‘‘Regulations’’) 1 provides, in pertinent 

part, that ‘‘[t]he Director of the Office of 

Exporter Services, in consultation with 

the Director of the Office of Export 

Enforcement, may deny the export 

privileges of any person who has been 

convicted of a violation of the [Export 

Administration Act (‘‘EAA’’)J, the EAR, 

or any order, license or authorization 

issued thereunder; any regulation, 

license, or order issued under the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706); 18 

U.S.C. 793, 794 or 798; section 4(b) of 

the Internal Security Act of 1950 (50 

U.S.C. 783(b)), or section 38 of the Arms 

Export Control Act (22 U.S.C. 2778).’’ 15 

CFR 766.25(a); see also Section 11(h) of 

the EAA, 50 U.S.C. app. § 24 10(h). The 

denial of export privileges under this 

provision may be for a period of up to 

10 years from the date of the conviction. 

15 CFR 766.25(d); see also 50 U.S.C. 

app. § 24 10(h). In addition, Section 

750.8 of the Regulations states that the 

Bureau of Industry and Security’s Office 

of Exporter Services may revoke any 

Bureau of Industry and Security (‘‘BIS’’) 

licenses previously issued in which the 

person had an interest in at the time of 

his conviction. 

I have received notice of Lalsingh’s 

conviction for violating the AECA, and 

have provided notice and an 

opportunity for Lalsingh to make a 

written submission to BIS, as provided 

in Section 766.25 of the Regulations. I 

have not received a submission from 

Lalsingh. Based upon my review and 

consultations with BIS’s Office of 

Export Enforcement, including its 

Director, and the facts available to BIS, 

I have decided to deny Lalsingh’s export 

privileges under the Regulations for a 

period of five years from the date of 

Lalsingh’s conviction. I have also 

decided to revoke all licenses issued 

pursuant to the Act or Regulations in 

which Lalsingh had an interest at the 

time of his conviction. 

Accordingly, it is hereby Ordered: 

I. Until February 8, 2013, Bertrand 

Lalsingh with an address at: 4252 

Stirling Rd., Hollywood, FL 33021, and 

when acting for or on behalf of Lalsingh, 

his representatives, assigns, agents, or 

employees, (collectively referred to 

hereinafter as 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, or in any other activity 

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 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 in 

any other activity subject to the 

Regulations. 

II. 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. 

III. After notice and opportunity for 

comment as provided in Section 766.23 

of the Regulations, any other person, 

firm, corporation, or business 

organization related to Bertrand 

Lalsingh by affiliation, ownership, 

control, or position of responsibility in 

the conduct of trade or related services 

may also be made subject to the 

provisions of this Order if necessary to 

prevent evasion of the Order. 

IV. This Order does not prohibit any 

export, reexport, or other transaction 

subject to the Regulations where the 

only items involved that are subject to 

the Regulations are the foreign produced 

direct product of U.S.-origin technology. 

V. This Order is effective immediately 

and shall remain in effect until February 

8, 2013 

VI. In accordance with Part 756 of the 

Regulations, Lalsingh 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. 

VII. A copy of this Order shall be 

delivered to Lalsingh. This Order shall 

be published in the Federal Register. 

Issued this 31st day August 2009. 

Bernard Kritzer, 

Director, Office of Exporter Services. 

[FR Doc. E9–21634 Filed 9–8–09; 8:45 am] 

BILLING CODE 3510–DT–M 


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