Order Denying Export Privileges, 64871-64872 [2016-22679]
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Federal Register / Vol. 81, No. 183 / Wednesday, September 21, 2016 / Notices
in the submitted notification (as
described below) and subsequently
authorized by the FTZ Board.
Production under FTZ procedures
could exempt Givaudan from customs
duty payments on the foreign status
components used in export production.
On its domestic sales, Givaudan would
be able to choose the duty rates during
customs entry procedures that apply to
cocoa food preparations, dairy food
preparations, coffee food preparations,
seasonings, sauces, alcoholic
preparations for beverages, other food
preparations with dairy, confectionary
preparations without sugar, other food
preparations, food articles containing
sugar, other cyclanes, cyclenes and
cycloterpenes, other cyclic
hydrocarbons, acyclic terpene alcohols,
butanoic acids, pentanoic acids, their
salts and esters, concentrated orange oil,
concentrated lemon oil, citrus oil
blends, aqueous distillates and aqueous
solutions of essential oils, terpenic byproducts of the deterpenation of
essential oils, flavor preparations for
food or drink without alcohol, flavor
preparations for food or drink with
alcohol, odoriferous substances other
than food or drink or perfume bases
with alcohol, odiferous substances other
than food or drink or perfume bases
without alcohol (duty rate ranges from
free to 70.4c/kg + 8.5%) for the foreign
status inputs noted below. Customs
duties also could possibly be deferred or
reduced on foreign status production
equipment.
The materials sourced from abroad
include benzaldehyde, vanillin, orange
oil, concentrated orange oil, lemon oil,
and concentrated lemon oil (duty rate
ranges from 2.7% to 5.5%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is
October 31, 2016.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact
Kathleen Boyce at Kathleen.Boyce@
trade.gov or (202) 482–1346.
Dated: September 15, 2016.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016–22769 Filed 9–20–16; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Francisco Javier MendozaEsquivel, Register Number: 62841–179,
Federal Correctional Institution, 2001
Rickabaugh Drive, Big Spring, TX 79720.
On August 11, 2015, in the U.S.
District Court for the Southern District
of Texas, Francisco Javier MendozaEsquivel (‘‘Mendoza-Esquivel’’), was
convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C.
2778 (2012)) (‘‘AECA’’). Specifically,
Mendoza-Esquivel intentionally and
knowingly conspired and agreed to
knowingly and willfully export, attempt
to export, and cause to be exported into
Mexico from the United States a defense
article, that is, to wit: Approximately
five thousand eight hundred and sixty
(5,860) rounds of 7.62 x 39 mm caliber
ammunition which were designated as
defense articles 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. MendozaEsquivel was sentenced 51 months of
imprisonment and a $100 assessment.
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,
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. 4610(h). The denial
of export privileges under this provision
may be for a period of up to 10 years
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2016). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. 4601–4623
(Supp. III 2015) (available at https://
uscode.house.gov)). Since August 21, 2001, the Act
has been in lapse and the President, through
Executive Order 13222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), which has been extended
by successive Presidential Notices, the most recent
being that of August 4, 2016 (81 FR 52,587 (Aug.
8, 2016)), has continued the Regulations in effect
under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
IV 2010)).
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
64871
from the date of the conviction. 15 CFR
766.25(d); see also 50 U.S.C. 4610(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 (‘‘BIS’’)
licenses previously issued in which the
person had an interest in at the time of
his conviction.
BIS has received notice of MendozaEsquivel’s conviction for violating the
AECA, and has provided notice and an
opportunity for Mendoza-Esquivel to
make a written submission to BIS, as
provided in Section 766.25 of the
Regulations. BIS has not received a
submission from Mendoza-Esquivel.
Based upon my review and
consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
I have decided to deny MendozaEsquivel’s export privileges under the
Regulations for a period of 10 years from
the date of Mendoza-Esquivel’s
conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which
Mendoza-Esquivel had an interest at the
time of his conviction.
Accordingly, it is hereby Ordered:
First, from the date of this Order until
August 11, 2025, Francisco Javier
Mendoza-Esquivel, with a last known
address of Register Number: 62841–179,
Federal Correctional Institution, 2001
Rickabaugh Drive, Big Spring, TX
79720, 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 to the Regulations, or 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 in
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64872
Federal Register / Vol. 81, No. 183 / Wednesday, September 21, 2016 / Notices
any other activity subject to the
Regulations.
Second, no person may, directly or
indirectly, do any of the following:
A. Export or reexport 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, after notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to MendozaEsquivel 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, Mendoza-Esquivel 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 the Mendoza-Esquivel. This
Order shall be published in the FEDERAL
REGISTER.
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18:19 Sep 20, 2016
Jkt 238001
Sixth, this Order is effective
immediately and shall remain in effect
until August 11, 2025.
Issued this 14th day of September, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016–22679 Filed 9–20–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
Advisory Committee on Supply Chain
Competitiveness: Notice of Public
Meetings
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of open meetings.
AGENCY:
This notice sets forth the
schedule and proposed topics of
discussion for public meetings of the
Advisory Committee on Supply Chain
Competitiveness (Committee).
DATES: The meetings will be held on
October 19, 2016, from 12:00 p.m. to
3:00 p.m., and October 20, 2016, from
9:00 a.m. to 4:00 p.m., Eastern Standard
Time (EST).
ADDRESSES: The meetings on October 19
and 20 will be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Research
Library (Room 1894), Washington, DC
20230.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Richard Boll, Office of Supply Chain,
Professional & Business Services
(OSCPBS), International Trade
Administration. (Phone: (202) 482–1135
or Email: richard.boll@trade.gov.
SUPPLEMENTARY INFORMATION:
Background: The Committee was
established under the discretionary
authority of the Secretary of Commerce
and in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.
2). It provides advice to the Secretary of
Commerce on the necessary elements of
a comprehensive policy approach to
supply chain competitiveness designed
to support U.S. export growth and
national economic competitiveness,
encourage innovation, facilitate the
movement of goods, and improve the
competitiveness of U.S. supply chains
for goods and services in the domestic
and global economy; and provides
advice to the Secretary on regulatory
policies and programs and investment
priorities that affect the competitiveness
of U.S. supply chains. For more
information about the Committee visit:
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https://trade.gov/td/services/oscpb/
supplychain/acscc/.
Matters To Be Considered: Committee
members are expected to continue to
discuss the major competitivenessrelated topics raised at the previous
Committee meetings, including trade
and competitiveness; freight movement
and policy; information technology and
data requirements; regulatory issues;
finance and infrastructure; and
workforce development. The
Committee’s subcommittees will report
on the status of their work regarding
these topics. The agendas may change to
accommodate Committee business. The
Office of Supply Chain, Professional &
Business Services will post the final
detailed agendas on its Web site, https://
trade.gov/td/services/oscpb/
supplychain/acscc/, at least one week
prior to the meeting.
The meetings will be open to the
public and press on a first-come, firstserved basis. Space is limited. The
public meetings are physically
accessible to people with disabilities.
Individuals requiring accommodations,
such as sign language interpretation or
other ancillary aids, are asked to notify
Mr. Richard Boll, at (202) 482–1135 or
richard.boll@trade.gov five (5) business
days before the meeting.
Interested parties are invited to
submit written comments to the
Committee at any time before and after
the meeting. Parties wishing to submit
written comments for consideration by
the Committee in advance of this
meeting must send them to the Office of
Supply Chain, Professional & Business
Services, 1401 Constitution Ave. NW.,
Room 11014, Washington, DC 20230, or
email to richard.boll@trade.gov.
For consideration during the
meetings, and to ensure transmission to
the Committee prior to the meetings,
comments must be received no later
than 5:00 p.m. EST on October 12, 2016.
Comments received after October 12,
2016, will be distributed to the
Committee, but may not be considered
at the meetings. The minutes of the
meetings will be posted on the
Committee Web site within 60 days of
the meeting.
In addition, this notice expands the
comment period on the ACSCC Freight
Policy and Movement Subcommittee’s
recommendation that was discussed on
ACSCC conference call held on
September 7, 2016 to October 1, 2016.
The recommendation will be available
on the ACSCC Web site, https://
trade.gov/td/services/oscpb/
supplychain/acscc/. Written comments
are due by close of business on October
1, 2016. Parties wishing to submit
written comments regarding this
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]]>Agencies
[Federal Register Volume 81, Number 183 (Wednesday, September 21, 2016)]
[Notices]
[Pages 64871-64872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22679]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Francisco Javier Mendoza-Esquivel, Register
Number: 62841-179, Federal Correctional Institution, 2001 Rickabaugh
Drive, Big Spring, TX 79720.
On August 11, 2015, in the U.S. District Court for the Southern
District of Texas, Francisco Javier Mendoza-Esquivel (``Mendoza-
Esquivel''), was convicted of violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Mendoza-
Esquivel intentionally and knowingly conspired and agreed to knowingly
and willfully export, attempt to export, and cause to be exported into
Mexico from the United States a defense article, that is, to wit:
Approximately five thousand eight hundred and sixty (5,860) rounds of
7.62 x 39 mm caliber ammunition which were designated as defense
articles 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. Mendoza-Esquivel was sentenced
51 months of imprisonment and a $100 assessment.
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, 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. 4610(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.
4610(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 (``BIS'') licenses
previously issued in which the person had an interest in at the time of
his conviction.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2016). The Regulations
issued pursuant to the Export Administration Act (50 U.S.C. 4601-
4623 (Supp. III 2015) (available at https://uscode.house.gov)). Since
August 21, 2001, the Act has been in lapse and the President,
through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp.
783 (2002)), which has been extended by successive Presidential
Notices, the most recent being that of August 4, 2016 (81 FR 52,587
(Aug. 8, 2016)), has continued the Regulations in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.
(2006 & Supp. IV 2010)).
---------------------------------------------------------------------------
BIS has received notice of Mendoza-Esquivel's conviction for
violating the AECA, and has provided notice and an opportunity for
Mendoza-Esquivel to make a written submission to BIS, as provided in
Section 766.25 of the Regulations. BIS has not received a submission
from Mendoza-Esquivel.
Based upon my review and consultations with BIS's Office of Export
Enforcement, including its Director, and the facts available to BIS, I
have decided to deny Mendoza-Esquivel's export privileges under the
Regulations for a period of 10 years from the date of Mendoza-
Esquivel's conviction. I have also decided to revoke all licenses
issued pursuant to the Act or Regulations in which Mendoza-Esquivel had
an interest at the time of his conviction.
Accordingly, it is hereby Ordered:
First, from the date of this Order until August 11, 2025, Francisco
Javier Mendoza-Esquivel, with a last known address of Register Number:
62841-179, Federal Correctional Institution, 2001 Rickabaugh Drive, Big
Spring, TX 79720, 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 to the Regulations, or 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 in
[[Page 64872]]
any other activity subject to the Regulations.
Second, no person may, directly or indirectly, do any of the
following:
A. Export or reexport 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, after notice and opportunity for comment as provided in
Section 766.23 of the Regulations, any other person, firm, corporation,
or business organization related to Mendoza-Esquivel 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, Mendoza-
Esquivel 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 the Mendoza-
Esquivel. This Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until August 11, 2025.
Issued this 14th day of September, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-22679 Filed 9-20-16; 8:45 am]
BILLING CODE P
