[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Notices]
[Pages 50875-50876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19695]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Akeem Shonari Awer; Inmate Number: 18325-104; 
Big Spring Correctional Institution; 2001 Rickabaugh Drive; Big Spring, 
TX 79720; Order Denying Export Privileges

    On February 14, 2020, in the U.S. District Court for the Southern 
District of Florida, Akeem Shonari Awer (``Awer'') was convicted of 
violating

[[Page 50876]]

Section 38 of the Arms Export Control Act (22 U.S.C. Sec.  2778) 
(``AECA''). Specifically, Awer was convicted for knowingly and 
willfully attempting to export firearms and ammunitions from the United 
States to Barbados without having first obtained the required licenses 
or written approval from the United States Department of State. As a 
result of his conviction, the Court sentenced Awer to 46 months in 
prison, two years of supervised released, and a $100 court assessment.
    Pursuant to Section 1760(e) of the Export Control Reform Act of 
2018 (``ECRA''),\1\ the export privileges of any person who has been 
convicted of certain offenses, including, but not limited to, Section 
38 of the AECA, 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.
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    \1\ ECRA 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. Awer's conviction post-dates ECRA's 
enactment on August 13, 2018.
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    BIS received notice of Awer's conviction for violating Section 38 
of the AECA, and has provided notice and opportunity for Awer 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 Awer.
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    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2021).
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    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 Awer's export privileges under 
the Regulations for a period of 10 years from the date of Awer's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Awer had an interest at the time of 
his conviction.\3\
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    \3\ Pursuant to recent amendments to the Regulations, the 
Director of the Office of Export Enforcement is now the authorizing 
official for issuance of denial orders. (85 FR 73411, November 18, 
2020).
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    Accordingly, it is hereby ordered:
    First, from the date of this Order until February 14, 2030, Akeem 
Shonari Awer, with a last known address of Inmate Number: 18325-104, 
Big Spring Correctional Institution, 2001 Rickabaugh Drive, Big Spring, 
TX 79720, 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 (in-country) 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 Awer 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, Awer 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 set forth in 
Part 756 of the Regulations.
    Fifth, a copy of this Order shall be delivered to Awer and shall be 
published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until February 14, 2030.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-19695 Filed 9-10-21; 8:45 am]
BILLING CODE 3510-DT-P