33446 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices 

Durrani (‘‘Durrani’’) and Budenz and 

including him in an Order is necessary 

to prevent evasion. I have decided to 

include Tobey in the Budenz Order. The 

basis for naming Tobey to the Budenz 

Order is that Tobey pled guilty to 

conspiracy to violate the AECA, in 

violation of 18 U.S.C. 371, for 

conspiring to export controlled military 

aircraft parts to the United Arab 

Emirates and Canada without the 

required licenses from the Department 

of State. Tobey was placed on probation 

for five years and fined $10,000.00. 

Based upon these facts, Tobey is related 

to Budenz by ownership, control, 

position of responsibility, affiliation, or 

other connection in the conduct of trade 

or business and he needs to be named 

to any Budenz Denial Order to prevent 

evasion of it. 

Having received no submission from 

Tobey, I have decided, following 

consultations with the Office of Export 

Enforcement, including its Director, to 

name Tobey as a related person to the 

Budenz Denial Order, thereby denying 

his export privileges for five years from 

the date of Budenz’s conviction. 

I have also decided to revoke all 

licenses issued pursuant to the Act or 

Regulations in which Budenz and Tobey 

had an interest at the time of Budenz’s 

conviction. The five-year denial period 

ends on July 19, 2011. 

Accordingly, it is hereby Ordered 

I. Until July 19, 2011, George Charles 

Budenz II, 94394–198, FDC SEATAC, 

Federal Detention Center, P.O. Box 

13900, Seattle, WA 98198, and with an 

address at: 25143 Jack Rabbit Acres, 

Escondido, CA 92026, and when acting 

for or on his behalf, his employees, 

agents or representatives, (‘‘the Denied 

Person’’) and the following person 

related to the Denied Person as defined 

by Section 766.23 of the Regulations, 

Richard Scott Tobey, 42079 Humber 

Drive, Temecula, CA 92591, and when 

acting for or on his behalf, his 

employees, agents or representatives, 

(‘‘the Related Person’’) (together, the 

Denied Person and the Related Person 

are ‘‘Persons Subject To This Order’’) 

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 Persons Subject To This Order 

any item subject to the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

the Persons Subject To This Order 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 Persons Subject 

To This Order 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 Persons Subject To 

This Order of any item subject to the 

Regulations that has been exported from 

the United States; 

D. Obtain from the Persons Subject To 

This Order 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 Persons 

Subject To This Order, or service any 

item, of whatever origin, that is owned, 

possessed or controlled by the Persons 

Subject To This Order 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. In addition to the Related Person 

named above, 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 Budenz 

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 foreignproduced direct product of U.S.-origin 

technology. 

V. This Order is effective immediately 

and shall remain in effect until July 19, 

2011. 

VI. In accordance with Part 756 of the 

Regulations, Budenz 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. In accordance with Part 756 of the 

Regulations, Tobey 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. 

VIII. A copy of this Order shall be 

delivered to Budenz and the Related 

Person. This Order shall be published in 

the Federal Register. 

Dated: June 9, 2007. 

Eileen M. Albanese, 

Director, Office of Exporter Services. 

[FR Doc. 07–2982 Filed 6–15–07; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; Arif 

Ali Durrani; In the Matter of: Arif Ali 

Durrani, Registration #09027–014, 

Victorville Medium I, Federal 

Correctional Institute, P.O. Box 5300, 

Adelanto, CA 92301 

Order Denying Export Privileges 

A. Denial of Export Privileges of Arif Ali 

Durrani 

On June 5, 2005, in the U.S. District 

Court in the Southern District of 

California, Arif Ali Durrani (‘‘Durrani’’) 

was found guilty of four counts of 

violating Section 38 of the Arms Export 

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

(‘‘AECA’’). Specifically, the Court found 

that Durrani knowingly and willfully 

exported from the United States to 

Malaysia and Belgium controlled 

military aircraft parts which were 

designated as defense articles on the 

United States Munitions List, without 

having first obtained a license from the 

Department of State for such export, or 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices 33447 

1Since August 21, 2001, the Act has been in lapse 

and the President, through Executive Order 13222 

of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), 

as extended by the Notice of August 3, 2006 (71 FR 

44551, August 7, 2006), has continued the 

Regulations in effect under the International 

Emergency Economic Powers Act (50 U.S.C. 1701–

1706 (2000)) (‘‘IEEPA’’). 2The Regulations are currently codified at 15 CFR 

parts 730–774 (2007). 

written authorization for such an export. 

In addition, Durrani was also found 

guilty on one count of conspiracy. 

Durrani was sentenced to 150 months 

imprisonment followed by three years of 

supervised released. 

Section 11(h) of the Export 

Administration Act of 1979, as amended 

(currently codified at 50 U.S.C. app. 

2401–2420 (2000)) (‘‘Act’’) 1 and 

§ 766.25 of the Export Administration 

Regulations 2 (‘‘Regulations’’) provide, 

in pertinent part, that ‘‘[t]he Director of 

Exporter Services, in consultation with 

the Director of the Office of Export 

Enforcement, may deny export 

privileges of any person who has been 

convicted of a violation of * * * 

Section 38 of the Arms Export Control 

Act,’’ for a period not to exceed 10 years 

from the date of conviction. 15 CFR 

766.25(a) and (d). In addition, § 750.8 of 

the Regulations states that BIS’s Office 

of Exporter Services may revoke any BIS 

licenses previously issued in which the 

person had an interest at the time of his 

conviction. 

I have received notice of Durrani’s 

conviction for violating the AECA, and 

have provided notice and an 

opportunity for Durrani to make a 

written submission to the Bureau of 

Industry and Security as provided in 

§ 766.25 of the Regulations. Having 

received no submission from Durrani, I, 

following consultations with the Office 

of Export Enforcement, including its 

Director, have decided to deny Durrani’s 

export privileges under the Regulations 

for a period of ten years from the date 

of Durrani’s conviction. 

Accordingly, it is hereby Ordered: 

I. Until June 5, 2015, Arif Ali Durrani, 

Registration #09027–014, Victorville 

Medium I, Federal Correctional 

Institute, P.O. Box 5300, Adelanto, CA 

92301, and when acting for or on behalf 

of Durrani, 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. Benefiting 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 766.203 

of the Regulations, any other person, 

firm, corporation, or business 

organization related to ARIF Ali Durrani 

by affiliation, ownership, control, or 

position of responsibility in the conduct 

of trade or related services may also be 

made subject to the provisions or this 

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 foreignproduced direct product of U.S.-origin 

technology. 

V. This Order is effective immediately 

and shall remain in effect until June 5, 

2015. 

VI. In accordance with Part 756 of the 

Regulations, Durrani 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 Durrani. This Order shall 

be published in the Federal Register. 

Dated: June 9, 2007. 

Eileen M. Albanese, 

Director, Office of Exporter Services. 

[FR Doc. 07–2981 Filed 6–15–07; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–893] 

Certain Frozen Warmwater Shrimp 

from the People’s Republic of China: 

Notice of Final Results of Changed 

Circumstances Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the ‘‘Department’’) has determined that 

Hilltop International (‘‘Hilltop’’) is the 

successor–in-interest to Yelin Enterprise 

Co. Hong Kong (‘‘Yelin’’). As a result, 

Hilltop should receive the same 

antidumping duty treatment with 

respect to certain frozen warmwater 

shrimp from the People’s Republic of 

China (‘‘PRC’’) as Yelin, as of the date 

of publication of this notice in the 

Federal Register. 

EFFECTIVE DATE: June 18, 2007. 

FOR FURTHER INFORMATION CONTACT: Erin 

Begnal or Scot Fullerton, AD/CVD 

Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue, 

NW, Washington, DC 20230; telephone: 

202–482–1442 or 202–482–1386, 

respectively. 

SUPPLEMENTARY INFORMATION: 


jlentini on PROD1PC65 with NOTICES