Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices 599 

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 

through 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 Derby Clerfe, 9 Garden 

Terrace, Pittsburgh, PA 15521; Order 

Denying Export Privileges 

On May 30, 2024, in the U.S. District 

Court for the Western District of 

Pennsylvania, Derby Clerfe (‘‘Clerfe’’) 

was convicted of violating 18 U.S.C. 

371. Specifically, Clerfe pled guilty to 

conspiring with others to export from 

the United States to Haiti nine 

handguns without the required licenses 

and without filing Electronic Export 

Information in the Automated Export 

System. As a result of his conviction, 

the Court sentenced Clerfe to one year 

of probation. 

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, 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). 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 Clerfe’s 

conviction for violating 18 U.S.C. 371. 

As provided in section 766.25 of the 

Export Administration Regulations 

(‘‘EAR’’ or the ‘‘Regulations’’), BIS 

provided notice and opportunity for 

Clerfe to make a written submission to 

BIS. 15 CFR 766.25.2 BIS has not 

received a written submission from 

Clerfe. 

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 Clerfe’s export 

privileges under the Regulations for a 

period of two years from the date of 

Clerfe’s conviction. The Office of 

Exporter Services has also decided to 

revoke any BIS-issued licenses in which 

Clerfe had an interest at the time of his 

conviction.3

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

May 30, 2026, Derby Clerfe, with a last 

known address of 9 Garden Terrace, 

Pittsburgh, PA 15521, 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 

ECRA and sections 766.23 and 766.25 of 

the Regulations, any other person, firm, 

corporation, or business organization 

related to Clerfe 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, Clerfe 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 Clerfe and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until May 30, 2026. 

Issued this 31st day of December, 2024. 

Dan Clutch, 

Acting Director, Office of Export Enforcement. 

[FR Doc. 2024–31656 Filed 1–3–25; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of Daniel Ray Lane, 

Inmate Number: 60019–177, FCI 

Texarkana, Federal Correctional 

Institution, P.O. Box 7000, Texarkana, 

TX 75505; Order Denying Export 

Privileges 


khammond on DSK9W7S144PROD with NOTICES
600 Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / 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 

through 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). 

On June 11, 2024, in the U.S. District 

Court for the Eastern District of 

Pennsylvania, Daniel Ray Lane 

(‘‘Lane’’), 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, Lane 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 Lane to 45 months of 

imprisonment and three years of 

supervised release. 

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 Lane’s 

conviction for violating 18 U.S.C. 371 

and IEEPA, and has provided notice and 

opportunity for Lane 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 Lane. 

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 Lane’s export 

privileges under the Regulations for a 

period of 10 years from the date of 

Lane’s conviction. The Office of 

Exporter Services has also decided to 

revoke any BIS-issued licenses in which 

Lane had an interest at the time of his 

conviction.3

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

June 11, 2034, Daniel Ray Lane, with a 

last known address of Inmate Number: 

60019–117, FCI Texarkana, Federal 

Correctional Institution, P.O. Box 7000, 

Texarkana, TX 75505, 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 Lane 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, Lane 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 Lane and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until June 11, 2034. 

Issued this 31st day of December, 2024. 

Dan Clutch, 

Acting Director, Office of Export Enforcement. 

[FR Doc. 2024–31654 Filed 1–3–25; 8:45 am] 

BILLING CODE 3510–DT–P 


khammond on DSK9W7S144PROD with NOTICES