This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

43216 

Vol. 82, No. 177 

Thursday, September 14, 2017 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2017). The Regulations issued pursuant to the 

Export Administration Act (50 U.S.C. 4601–4623 

(Supp. III 2015) (available at http://

uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since 

August 21, 2001, the Act has been in lapse and the 

President, through Executive Order 13222 of August 

17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which 

has been extended by successive Presidential 

Notices, the most recent being that of August 15, 

2017 (82 FR 39005 (Aug. 16, 2017)), has continued 

the Regulations in effect under the International 

Emergency Economic Powers Act (50 U.S.C. 1701, 

et seq. (2012)). 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Order Denying Export Privileges 

In the Matter of: Ambar Esthela 

Morales, Inmate Number: 42245–408, 

FMC Carswell, Federal Medical Center, 

P.O. Box 27137, Fort Worth, TX 76127; 

On March 23, 2016, in the U.S. 

District Court for the District of Arizona, 

Ambar Esthela Morales (‘‘Morales’’) was 

convicted of violating Section 38 of the 

Arms Export Control Act (22 U.S.C. 

2778 (2012)) (‘‘AECA’’). Specifically, 

Morales was convicted of knowingly 

and willfully attempting to export from 

the United States to Mexico defense 

articles designated on the United States 

Munition List, namely, 7,942 rounds of 

7.62 x 39mm caliber ammunition, 

without the required U.S. Department of 

State license. Morales was sentenced to 

three years in prison, three years of 

supervised release, and a $100 

assessment. 

Section 766.25 of the Export 

Administration Regulations (‘‘EAR’’ or 

‘‘Regulations’’) 1 provides, in pertinent 

part, that ‘‘[t]he Director of the Office of 

Exporter Services, in consultation with 

the Director of the Office of Export 

Enforcement, may deny the export 

privileges of any person who has been 

convicted of a violation of the EAA 

[Export Administration Act], the EAR, 

or any order, license, or authorization 

issued thereunder; any regulation, 

license or order issued under the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706); 18 

U.S.C. 793, 794 or 798; section 4(b) of 

the Internal Security Act of 1950 (50 

U.S.C. 783(b)); or section 38 of the Arms 

Export Control Act (22 U.S.C. 2778).’’ 15 

CFR 766.25(a); see also Section 11(h) of 

the EAA, 50 U.S.C. 4610(h). The denial 

of export privileges under this provision 

may be for a period of up to 10 years 

from the date of the conviction. 15 CFR 

766.25(d); see also 50 U.S.C. 4610(h). In 

addition, Section 750.8 of the 

Regulations states that the Bureau of 

Industry and Security’s Office of 

Exporter Services may revoke any 

Bureau of Industry and Security (‘‘BIS’’) 

licenses previously issued pursuant to 

the Export Administration Act (‘‘EAA’’ 

or ‘‘the Act’’) or the Regulations in 

which the person had an interest at the 

time of her conviction. 

BIS has received notice of Morales’s 

conviction for violating Section 38 of 

the AECA, and has provided notice and 

an opportunity for Morales to make a 

written submission to BIS, as provided 

in Section 766.25 of the Regulations. 

BIS has not received a submission from 

Morales. 

Based upon my review and 

consultations with BIS’s Office of 

Export Enforcement, including its 

Director, and the facts available to BIS, 

I have decided to deny Morales’s export 

privileges under the Regulations for a 

period of five years from the date of 

Morales’s conviction. I have also 

decided to revoke all licenses issued 

pursuant to the Act or Regulations in 

which Morales had an interest at the 

time of her conviction. 

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

March 23, 2021, Ambar Esthela Morales, 

with a last known address of Inmate 

Number: 42245–408, FMC Carswell, 

Federal Medical Center, P.O. Box 27137, 

Fort Worth, TX 76127, 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 or reexport 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. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 43217 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2017). The Regulations issued pursuant to the 

Export Administration Act (50 U.S.C. 4601–4623 

(Supp. III 2015) (available at http://

uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since 

August 21, 2001, the Act has been in lapse and the 

President, through Executive Order 13222 of August 

17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which 

has been extended by successive Presidential 

Notices, the most recent being that of August 15, 

2017 (82 FR 39005 (Aug. 16, 2017)), has continued 

the Regulations in effect under the International 

Emergency Economic Powers Act (50 U.S.C. 1701, 

et seq. (2012)). 

Third, after notice and opportunity for 

comment as provided in Section 766.23 

of the Regulations, any other person, 

firm, corporation, or business 

organization related to Morales 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, Morales 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 Morales, and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until March 23, 2021. 

Dated: September 8, 2017. 

Karen H. Nies-Vogel, 

Director, Office of Exporter Services. 

[FR Doc. 2017–19526 Filed 9–13–17; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Dmitrii Karpenko, 

a/k/a Simon Fox, Pavlova St 11–75, 

Nevinnomyssk, Stavropol Region, 

Russia; Order Denying Export 

Privileges 

On April 28, 2017, in the U.S. District 

Court for the Eastern District of New 

York, Dmitrii Karpenko, a/k/a Simon 

Fox (‘‘Karpenko’’) was convicted of 

violating the International Emergency 

Economic Powers Act (50 U.S.C. 1701, 

et seq. (2012)) (‘‘IEEPA’’). Specifically, 

Karpenko was convicted of violating 

Section 206 of IEEPA, 50 U.S.C. 1705, 

by willfully conspiring with others to 

export from the United States to Russia 

microelectronics items controlled 

pursuant to the Export Administration 

Regulations (‘‘EAR’’ or ‘‘Regulations’’),1

and under the jurisdiction of the Bureau 

of Industry and Security (‘‘BIS’’), U.S. 

Department of Commerce (‘‘DOC’’), 

without the required BIS/DOC license. 

Karpenko was sentenced to time served 

and an assessment of $100.00. 

Section 766.25 of the Regulations 

provides, in pertinent part, that ‘‘[t]he 

Director of the Office of Exporter 

Services, in consultation with the 

Director of the Office of Export 

Enforcement, may deny the export 

privileges of any person who has been 

convicted of a violation of the EAA 

[Export Administration Act], the EAR, 

or any order, license, or authorization 

issued thereunder; any regulation, 

license or order issued under the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706); 18 

U.S.C. 793, 794 or 798; section 4(b) of 

the Internal Security Act of 1950 (50 

U.S.C. 783(b))[;] or section 38 of the 

Arms Export Control Act (22 U.S.C. 

2778).’’ 15 CFR 766.25(a); see also 

Section 11(h) of the EAA, 50 U.S.C. 

4610(h). The denial of export privileges 

under this provision may be for a period 

of up to 10 years from the date of the 

conviction. 15 CFR 766.25(d); see also 

50 U.S.C. 4610(h). In addition, Section 

750.8 of the Regulations states that BIS’s 

Office of Exporter Services may revoke 

any BIS licenses previously issued 

pursuant to the Export Administration 

Act (‘‘EAA’’ or ‘‘the Act’’) or the 

Regulations in which the person had an 

interest at the time of his conviction. 

BIS has received notice of Karpenko’s 

conviction for violating IEEPA, and has 

provided notice and an opportunity for 

Karpenko to make a written submission 

to BIS, as provided in Section 766.25 of 

the Regulations. BIS has not received a 

submission from Karpenko. 

Based upon my review and 

consultations with BIS’s Office of 

Export Enforcement, including its 

Director, and the facts available to BIS, 

I have decided to deny Karpenko’s 

export privileges under the Regulations 

for a period of five (5) years from the 

date of Karpenko’s conviction. I have 

also decided to revoke all licenses 

issued pursuant to the Act or 

Regulations in which Karpenko had an 

interest at the time of his conviction. 

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

April 28, 2022, Dmitrii Karpenko, a/k/ 

a Simon Fox, with a last known address 

of Pavlova Street 11–75, Nevinnomyssk, 

Stavropol Region, Russia, 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 or reexport 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, 


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