Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices 46481 

3As set forth in Section 766.23(c), the only issues 

that may be raised in such an appeal are whether 

the person so named is related to the respondent 

and whether the order is justified in order to 

prevent evasion. Thus, Dahua may not appeal the 

issuance of the denial order against Henry. 

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 

Continued 

Dahua was incorporated in New York 

State, and remains listed there as an 

active corporation. Henry, a naturalized 

U.S. citizen born in China, operated 

Dahua out of his residence in Flushing, 

New York, and is believed to own 

Dahua. He used Dahua to purchase 

various items from companies located in 

the United States, including tools, 

machine parts, materials used in 

machinery, and industrial chemicals, for 

export to end users or customers located 

in Asia, including China and Taiwan. 

Operating through Dahua, Henry 

received requests for products from 

customers located overseas and solicited 

orders for those products from suppliers 

and manufacturers located in the United 

States, including in connection with the 

violation of the AECA for which he was 

convicted. Thus, I find that Dahua is 

related to Henry within the meaning of 

Section 766.23, and that Dahua should 

be added as a related person to prevent 

evasion of this order. 

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

November 19, 2025, Mark Henry, a/k/a 

Weida Zheng, a/k/a Scott Russel, a/k/a 

Bob Wilson, a/k/a Joanna Zhong, with a 

last known address of FCI Schuylkill, 

Federal Correctional Institution, 

Satellite Camp, P.O. Box 670, 

Minersville, PA 17954, and when acting 

for or on his behalf, his successors, 

assigns, employees, agents, or 

representatives, and Dahua Electronics 

Corporation, a/k/a Bao An Corporation, 

with a last known address of 134–12 

59th Avenue, Flushing, NY 11355, and 

when acting for or on its behalf, its 

successors, assigns, directors, officers, 

employees, agents, or representatives 

(each ‘‘a Denied Person’’ and 

collectively ‘‘the Denied Persons’’) 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, or in any other activity 

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 a Denied Person any item subject to 

the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

a 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 a 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 a Denied Person of any 

item subject to the Regulations that has 

been exported from the United States; 

D. Obtain from a 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 a Denied 

Person, or service any item, of whatever 

origin, that is owned, possessed or 

controlled by a 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, in addition to the Related 

Person named above, after notice and 

opportunity for comment as provided in 

section 766.23 of the Regulations, any 

other individual, firm, corporation, or 

other association or organization or 

other person related to a 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 if necessary 

to prevent evasion of this Order. 

Fourth, in accordance with Part 756 

and Section 766.25(g) of the 

Regulations, Henry may file an appeal of 

the issuance of this Order against him 

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, in accordance with Part 756 and 

Section 766.23(c) of the Regulations, 

Dahua may file an appeal of its being 

named as a related person in this Order 

with the Under Secretary of Commerce 

for Industry and Security.3 This 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. 

Sixth, a copy of this Order shall be 

delivered to Henry and Dahua and shall 

be published in the Federal Register. 

Seventh, this Order is effective 

immediately and shall remain in effect 

until November 19, 2025. 

Issued this 28th day of September, 2017. 

Karen H. Nies-Vogel, 

Director, Office of Exporter Services. 

[FR Doc. 2017–21475 Filed 10–4–17; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Robert J. Shubert, Sr., 

Currently Incarcerated at: Inmate 

Number: 96749–020, FCI Coleman Low, 

P.O. Box 1031, Coleman, FL 33521; and 

With a Prior Known Address at: 417 

Hedlund Drive, Warner Robbins, GA 

31088 

Order Denying Export Privileges 

On October 15, 2014, in the U.S. 

District Court, Middle District of 

Georgia, Robert J. Shubert, Sr. 

(‘‘Shubert’’) was convicted of violating 

Section 38 of the Arms Export Control 

Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). 

Specifically, Shubert was convicted of 

knowingly and willfully exporting, from 

the United States to Japan, Dual Sensor 

Night Vision Goggles designated as 

defense articles on the United States 

Munitions List, without the required 

U.S. Department of State licenses. 

Shubert was sentenced to 78 months in 

prison, 36 months of supervised release, 

a $15,000 fine, and a $300 assessment. 

Section 766.25 of the Export 

Administration Regulations (‘‘EAR’’ or 

‘‘Regulations’’) 1 provides, in pertinent 


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46482 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices 

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)). 

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 his/her conviction. 

BIS has received notice of Shubert’s 

conviction for violating Section 38 of 

the AECA, and has provided notice and 

an opportunity for Shubert to make a 

written submission to BIS, as provided 

in Section 766.25 of the Regulations. 

BIS has not received a submission from 

Shubert. 

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 Shubert’s export 

privileges under the Regulations for a 

period of ten (10) years from the date of 

Shubert’s conviction. I have also 

decided to revoke all licenses issued 

pursuant to the Act or Regulations in 

which Shubert had an interest at the 

time of his conviction. 

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

October 15, 2024, Robert J. Shubert, Sr., 

currently incarcerated at Inmate 

Number: 96749–020, FCI Coleman Low, 

P.O. Box 1031, Coleman, FL 33521, and 

with a prior known address of 417 

Hedlund Drive, Warner Robbins, GA 

31088, 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, 

servicing means installation, 

maintenance, repair, modification or 

testing. 

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 Shubert 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, Shubert 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 Shubert and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until October 15, 2024. 

Issued this 28th day of September, 2017. 

Karen H. Nies-Vogel, 

Director, Office of Exporter Services. 

[FR Doc. 2017–21473 Filed 10–4–17; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Bureau of Industry And Security 

Order Denying Export Privileges 

In the Matter of: John Francis 

Stribling, Inmate Number: 87652–083, 

FCI Loretto, P.O. Box 1000, Loretto, PA 

15940. 

On July 6, 2016, in the U.S. District 

Court, Eastern District of Virginia, John 

Francis Stribling (‘‘Stribling’’) was 

convicted of violating Section 38 of the 

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

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

Stribling was convicted of knowingly 

and willfully exporting from the United 

States to Indonesia, two pistols and two 

rifles designated as defense articles on 

the United States Munitions List, 

without the required U.S. Department of 

State licenses. Stribling was sentenced 

to two years in prison, three years of 

supervised release, and a $100 

assessment. 

Section 766.25 of the Export 

Administration Regulations (‘‘EAR’’ or 


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