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Notice2023-282752023-12-22

In the Matter of: Donald Robert Witherow, 6651 Buffalo Road, Cresson, PA 16421; 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 On October 13, 2022, in the U.S. District Court for the Western District of Pennsylvania, Donald Robert Witherow (“Witherow”) was convicted of violating 18 U.S.C. 554(a) . Specifically, Witherow was convicted of smuggling firearms ammunition and firearms magazines from the United States to the Netherlands. As a result of his conviction, the Court sentenced Witherow to 12 months and one day of imprisonment, one year of supervised release and a $200 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. 554 , 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) . 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 Witherow's conviction for violating 18 U.S.C. 554 . As provided in section 766.25 of the Export Administration Regulations (“EAR” or the “Regulations”), BIS provided notice and opportunity for Witherow to make a written submission to BIS. 15 CFR 766.25 . [ 2 ] BIS has not received a written submission from Witherow. Based upon my review of the record and consultations with BIS's Office o

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Citation: 88 FR 88569