BILLING CODE: 3510-DT-P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of:
Charles McGonigal
175 W. 13th Street, Apt. 8G
New York, NY 10011

Order Denying Export Privileges
On December 14, 2023, in the U.S. District Court for the Southern District of
New York, Charles McGonigal (“McGonigal”), was convicted of violating 18 U.S.C.
371. Specifically, McGonigal was convicted of conspiring to violate U.S. sanctions
against Russia by going to work for a Russian oligarch whom he once investigated. As a
result of his conviction, the Court sentenced McGonigal to 50 months in prison, three
years of supervised release, a $100 special assessment and a fine of $40,000.
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. 371, 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 McGonigal’s conviction for violating 18 U.S.C. 371. As
provided in section 766.25 of the Export Administration Regulations (“EAR” or the
“Regulations”), BIS provided notice and opportunity for McGonigal to make a written

ECRA was enacted on August 13, 2018, as part of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, and as amended is codified at 50 U.S.C. 4801-4852.
submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from
McGonigal.
Based upon my review of the record and consultations with BIS’s Office of
Exporter Services, including its Director, and the facts available to BIS, I have decided to
deny McGonigal’s export privileges under the Regulations for a period of 10 years from
the date of McGonigal’s conviction. The Office of Exporter Services has also decided to
revoke any BIS-issued licenses in which McGonigal had an interest at the time of his
conviction.3
Accordingly, it is hereby ORDERED:
First, from the date of this Order until December 14, 2033, Charles McGonigal, with a
last known address of 175 W. 13th Street, Apt. 8G, New York, NY, 10011, 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

The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts

730-774 (2024).
The Director, Office of Export Enforcement, is the authorizing official for issuance of denial
orders pursuant to amendments to the Regulations (85 FR 73411, November 18, 2020).
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, reexport, or transfer (in-country) 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, pursuant to Section 1760(e) of ECRA and sections 766.23 and 766.25 of the
Regulations, any other person, firm, corporation, or business organization related to
McGonigal 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, McGonigal 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 McGonigal and shall be published in the
Federal Register.

Sixth, this Order is effective immediately and shall remain in effect until December 14,
2033.

John Sonderman,
Director,
Office of Export Enforcement.
[FR Doc. 2024-15637 Filed: 7/16/2024 8:45 am; Publication Date: 7/17/2024]