Federal Register / Vol. 87, No. 137 / Tuesday, July 19, 2022 / Notices 42997 

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 (2021). 

3The Director, Office of Export Enforcement, is 

the authorizing official for issuance of denial 

orders, pursuant to recent amendments to the 

Regulations (85 FR 73411, November 18, 2020). 

approval. All comments will become a 

matter of public record. 

Copies of this information collection 

can be obtained from Crystal Pemberton, 

Rural Development Innovation Center— 

Regulations Management Division, at 

(202) 260–862. Email: 

Crystal.Pemberton@usda.gov. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

Christopher McLean, 

Acting Administrator, Rural Utilities Service. 

[FR Doc. 2022–15394 Filed 7–18–22; 8:45 am] 

BILLING CODE 3410–XV–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Joyce Marie 

Eliabachus, 17 Frederick St., 

Morristown, NJ 07960; Order Denying 

Export Privileges 

On October 7, 2020, in the U.S. 

District Court for the District of New 

Jersey, Joyce Marie Eliabachus 

(‘‘Eliabachus’’) was convicted of 

violating 18 U.S.C. 371. Specifically, 

Eliabachus was convicted of knowingly 

and intentionally conspiring and 

agreeing with others known and 

unknown to export, re-export, sell and 

supply and attempting to, re-export, sell 

and supply aircraft components, 

directly or indirectly from the United 

States to Iran, including to Mahan Air, 

without first obtaining the authorization 

from the Office of Foreign Assets 

Control, in violation of 18 U.S.C. 371. 

As a result of her conviction, the 

Court sentenced Eliabachus to 18 

months in prison, one year of supervisor 

release, and a $100 court assessment. 

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) (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 Eliabachus’s 

conviction for violating 18 U.S.C. 371 

and, as provided in Section 766.25 of 

the Export Administration Regulations 

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

provided notice and opportunity for 

Eliabachus to make a written 

submission to BIS. 15 CFR 766.25.2 BIS 

has not received a written response from 

Eliabachus. 

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 Eliabachus’s 

export privileges under the Regulations 

for a period of 10-years from the date of 

Eliabachus’s conviction. The Office of 

Exporter Services has also decided to 

revoke any BIS-issued licenses in which 

Eliabachus had an interest at the time of 

her conviction.3

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

October 7, 2030, Joyce Marie 

Eliabachus, with a last known address 

of 17 Frederick St, Morristown, NJ 

07960 and when acting for or on her 

behalf, her 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 (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 the 

Denied Person 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, the Denied Person 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 the Denied Person and shall 

be published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until October 7, 2030. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2022–15322 Filed 7–18–22; 8:45 am] 

BILLING CODE 3510–DT–P 


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