79520 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices 

1ECRA 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. 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2024). 

3The 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). 

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. 

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. 

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

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 (incountry) 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 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Mark Fitting, Inmate 

Number: 07194–509, FCI Lewisburg, 

Federal Correctional Institution, P.O. 

Box 1000, Lewisburg, PA 17837; Order 

Denying Export Privileges 

On September 29, 2023, in the U.S. 

District Court for the Central District of 

California, Mark Fitting (‘‘Fitting’’), was 

convicted of violating 18 U.S.C. 371. 

Specifically, Fitting used his access to 

U.S. Government databases to download 

technical drawings without 

authorization and participated in a 

conspiracy to sell those drawings to 


ddrumheller on DSK120RN23PROD with NOTICES1