[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51113-51114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19723]


-----------------------------------------------------------------------

 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Tengiz Sydykov, 2805 8th Street South, 
Arlington, VA 22204-2245; Order Denying Export Privileges

    On January 11, 2019 in the U.S. District Court for the Eastern 
District of Virginia, Tengiz Sydykov (``Sydykov'') was convicted of 
violating section 38 of the Arms Export Control Act (22 U.S.C. 2778) 
(``AECA''). Specifically, Sydykov was convicted for knowingly and 
willfully exporting and causing to be exported from the United States 
to

[[Page 51114]]

Grozny, Chechnya, Russia defense articles, that is: 7 Assembled 
firearms, 130 fully assembled lower recievers, 266 firearm slides, 158 
firearm barrels, 996 firearm magazines, 10 stocks, 133 firearm frames 
and 453 functional firearms including springs and firing pins, which 
were designated as defense articles on the United States Munitions 
List, 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 Sydykov to 36 months in prison, three 
years supervised release, and a $100 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.
---------------------------------------------------------------------------

    \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. Sydykov's conviction post-dates 
ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------

    BIS received notice of Sydykov's conviction for violating Section 
38 of the AECA, and has provided notice and opportunity for Sydykov 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 Sydykov.
---------------------------------------------------------------------------

    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2021).
---------------------------------------------------------------------------

    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 Sydykov's export privileges 
under the Regulations for a period of 10 years from the date of 
Sydykov's conviction. The Office of Exporter Services has also decided 
to revoke any BIS-issued licenses in which Sydykov had an interest at 
the time of his conviction.\3\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    Accordingly, it is hereby Ordered:
    First, from the date of this Order until January 11, 2029, Tengiz 
Sydykov, with a last known address of 2805 8th Street South, Arlington, 
VA 22204-2245, 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 Sydykov 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, Sydykov 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 Sydykov and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until January 11 2029.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-19723 Filed 9-13-21; 8:45 am]
BILLING CODE 3510-DT-P