“On October 12, 2011, in the U.S. District Court, Eastern District of Tennessee, Jerome Stuart Pendzich (‘Pendzich’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp. IV 2010)) (‘AECA’) . Specifically, Pendzich was convicted of knowingly and willfully attempting to export defense articles, that is, Level IV Ballistics Small Arms Protective Inserts (SAPI), to Bogota, Columbia without first having obtained a license or written approval from the United States Department of State. Pendzich was sentenced to 46 months of prison followed by three years of supervised release. Pendzich is also listed on the U.S. Department of State Debarred List. Section 766.25 of the Export Administration 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 Export Administration Act (‘EAA’), 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. app. 2410(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. app. 2410(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 licenses previously issued in which the person had an interest in at the time of his conviction.”
78 FR 4832-33
Published 01-23-2013
