New Updates for 07-Oct-2024

The OverRuled: BIS Export Controls Module has been updated with the following actions:

• 24 Oct 2024 - Mark Fitting - Denial Order; No monetary penalty

  On September 24, 2024, BIS issued against Mark Fitting ("Respondent") a Denial Order (DO) for a period of 10 years in relation to violations of 18 U.S.C. § 371. The Order went into effect on the Respondent’s date of conviction on September 29, 2023. Specifically, the Respondent was convicted of using his access to U.S. government databases to download technical drawings without authorization and participated in a conspiracy to sell those drawings to domestic and foreign customers. BIS did not impose any monetary penalty.

• 24 Sep 2024 - Melony Erice - Denial Order; No monetary penalty

  On September 24, 2024, BIS issued against Melony Erice ("Respondent") a Denial Order (DO) for a period of 5 years in relation to violations of 18 U.S.C. § 371. The Order went into effect on the Respondent’s date of conviction on September 2, 2023. Specifically, the Respondent was convicted of participating in a conspiracy to sell technical drawings stolen from the U.S. government to domestic and foreign customers. BIS did not impose any monetary penalty.

• 24 Sep 2024 - Pierre Michel Alfred - Denial Order; No monetary penalty

  On September 24, 2024, BIS issued against Pierre Michel Alfred ("Respondent") a Denial Order (DO) for a period of 7 years in relation to violations of 18 U.S.C. § 554(a). The Order went into effect on the Respondent’s date of conviction on June 15, 2022. Specifically, the Respondent was convicted of smuggling multiple firearms and ammunition from the United States to Haiti. BIS did not impose any monetary penalty.

• 24 Sep 2024 - Cerbando Acosta-Carbajal - Denial Order; No monetary penalty

  On September 24, 2024, BIS issued against Cerbando Acosta-Carbajal ("Respondent") a Denial Order (DO) for a period of 10 years in relation to violations of 18 U.S.C. § 554(a). The Order went into effect on the Respondent’s date of conviction on June 15, 2022. Specifically, the Respondent was convicted of attempting to smuggle various firearms, firearm components, and ammunition from the United States to Mexico, including a Palmetto PSAK.47 7.62 rifle, ACC Int/Intrac 7.62 rifle, 1,968 rounds 7.62x39 ammunition, 1,361 rounds of .223 ammunition, nine 30-round 7.62x39 AK rifle magazines, and one 50-round AK drum magazine. BIS did not impose any monetary penalty.

• 24 Sep 2024 - Rafael Alejandro Canez - Denial Order; No monetary penalty

  On September 24, 2024, BIS issued against Rafael Alejandro Canez ("Respondent") a Denial Order (DO) for a period of 10 years in relation to violations of 18 U.S.C. § 554(a). The Order went into effect on the Respondent’s date of conviction on March 31, 2023. Specifically, the Respondent was convicted of smuggling 55 magazines for AR-15 style rifles, having failed to apply for or obtain the necessary export license from the Department of Commerce. BIS did not impose any monetary penalty.

• 24 Sep 2024 - Robert Omar Alcantara - Denial Order; No monetary penalty

  On September 24, 2024, BIS issued against Robert Omar Alcantara ("Respondent") a Denial Order (DO) for a period of 10 years in relation to violations of 18 U.S.C. § 371. The Order went into effect on the Respondent’s date of conviction on December 21, 2023. Specifically, the Respondent was convicted of conspiring to traffic firearms from the United States to the Dominican Republic. BIS did not impose any monetary penalty.

• 24 Sep 2024 - Dali Bagrou - Denial Order; No monetary penalty

  On September 24, 2024, BIS issued against Dali Bagrou ("Respondent") a Denial Order (DO) for a period of 10 years in relation to violations of 18 U.S.C. § 371. The Order went into effect on the Respondent’s date of conviction on November 10, 2021. Specifically, the Respondent was convicted of conspiring to procure U.S.-origin industrial equipment for transshipment to Russia without first having obtained the required licenses or authorizations from the U.S. Department of Commerce. BIS did not impose any monetary penalty.

• 24 Sep 2024 - Zhenyu Wang - Denial Order; No monetary penalty

  On September 24, 2024, BIS issued against Zhenyu Wang ("Respondent") a Denial Order (DO) for a period of 10 years in relation to violations of 18 U.S.C. § 371 and the International Emergency Economic Powers Act. The Order went into effect on the Respondent’s date of conviction on June 11, 2024. Specifically, the Respondent was convicted of conspiring to sell sanctioned Iranian petroleum/crude oil to a refinery in China. BIS did not impose any monetary penalty.

• 24 Sep 2024 - Robert Thwaites - Denial Order; No monetary penalty

  On September 24, 2024, BIS issued against Robert Thwaites ("Respondent") a Denial Order (DO) for a period of 10 years in relation to violations of 18 U.S.C. § 371 and the International Emergency Economic Powers Act. The Order went into effect on the Respondent’s date of conviction on January 10, 2024. Specifically, the Respondent was convicted of conspiring to sell sanctioned Iranian petroleum/crude oil to a refinery in China. BIS did not impose any monetary penalty.

• 24 Sep 2024 - Nicholas Hovan - Denial Order; No monetary penalty

  On September 24, 2024, BIS issued against Nicholas Hovan ("Respondent") a Denial Order (DO) for a period of 10 years in relation to violations of 18 U.S.C. § 371 and the International Emergency Economic Powers Act. The Order went into effect on the Respondent’s date of conviction on January 10, 2024. Specifically, the Respondent was convicted of conspiring to sell sanctioned Iranian petroleum/crude oil to a refinery in China. BIS did not impose any monetary penalty.

• 24 Sep 2024 - Nicholas James Fuchs - Denial Order; No monetary penalty

  On September 24, 2024, BIS issued against Nicholas James Fuchs ("Respondent") a Denial Order (DO) for a period of 10 years in relation to violations of 18 U.S.C. § 371 and the International Emergency Economic Powers Act. The Order went into effect on the Respondent’s date of conviction on January 16, 2024. Specifically, the Respondent was convicted of conspiring to sell sanctioned Iranian petroleum/crude oil to a refinery in China. BIS did not impose any monetary penalty.

• 26 Sep 2024 - SkyTechnic; Skywind International Limited; Hong Fan International; Lufeng Limited; Unical dis Ticaret Ve Lojistik JSC; Izzi Cup DOO; Alexey Sumchenko; Anna Shumakova; Branimir Salevic; Danijela Salevic - No Denial Order; No monetary penalty

  On September 26, 2024, BIS issued a final decision and order dismissing Alexey Sumchenko's appeal of the temporary denial order ("TDO") that BIS imposed on June 12, 2024, against Sumchenko, Hong Fan International ("Hong Fan"), Lufeng Limited ("Lufeng"), Skywind International Limited, SkyTechnic, and a number of other entities that were involved a network to unlawfully procure U.S.-origin items for Russian end users. Sumchenko filed an appeal on July 25, 2024, arguing that the TDO should not have been issued against him because the alleged misconduct outlined in the TDO occurred after he relinquished ownership of Hong Fan, Lufeng, and Skywind, and that there was no evidence that he was aware of, or involved in, the alleged misconduct while he owned those companies. On September 4, 2024, the Administrative Law Judge ("ALJ") recommended to BIS that the TDO be affirmed, and in this final decision and order, BIS Under Secretary, Alan Estevez, ultimately agreed with the recommended decision by the ALJ that set forth fourteen findings of fact justifying the TDO, including that Sumchenko was the owner and director of three entities--Hong Fan, Lufeng, and Skywind--at the time they were involved in transactions or attempted transactions to obtain U.S.-origin aircraft parts for parties in Russia without authorization.

• 27 Sep 2024 - First Call International Inc. - No Denial Order; USD $439,992

  On September 27, 2024, BIS issued an order approving a settlement between BIS and First Call International Inc. (the “Respondent”) for a $439,992 civil monetary penalty in connection with violations of 15 C.F.R. §§ 764.2(g) and 766.18(a). Specifically, on or about July 13, 2020, Respondent made false statements to the U.S. Government in connection with a March 6, 2018, export of five Secondary Flight Displays with integrated QRS-11 Gyrochip, Micromanaged Angular Rate Sensors (“SFDs”), which are classified ECCN 9A610.x. At the time of the export, Respondent submitted an Electronic Export Information filing, falsely indicating No License Required and using an incorrect ECCN for the SFDs. Later, on or about September 24, 2018, Respondent amended the filing to include the correct ECCN but falsely indicated that the SFDs had been lawfully exported under the License Exception Strategic Trade Authorization. Shortly thereafter, Respondent also submitted a falsely dated Prior Consignee Statement to BIS. Further, on or about January 8, 2020, and on or about July 19, 2019, Respondent exported various ECCN 9A610.x military aircraft parts and components subject to the Export Administration Regulations without the required license or authorization.

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