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Notice2010-230292010-09-16

Action Affecting Export Privileges; Rigel Optics, Inc. and Donald Wayne Hatch; Order Denying Export Privileges

Commerce Department, Industry and Security Bureau

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Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce Bureau of Industry and Security A. Denial of Export Privileges of Rigel Optics, Inc. On May 12, 2009, in the U.S. District Court for the Southern District of Iowa, Rigel Optics, Inc. (“Rigel Optics”) pled guilty to, and was convicted of, violating Section 38 of the Arms Export Control Act ( 22 U.S.C. 2778 (2000)) (“AECA”). Specifically, Rigel Optics pled guilty to knowingly and willfully exporting and causing to be exported from the United States to Italy Rigel 3502 Gen 2+ Night Vision Goggles, which were designated as a defense ( printed page 56505) article on the United States Munitions List, without having first obtained from the Department of State a license for such export or written authorization for such export. Rigel Optics was ordered to pay a $90,000 criminal fine and a $400.00 special assessment. Rigel Optics is also listed on the Department of State's Debarred List. 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 [Export Administration Act (“EAA”)], the EAR, of any order, license or authorization issued thereunder; any regulation, license, or order issued under the International Emergency Economi

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Citation: 75 FR 56504