Action Affecting Export Privileges; Juan Sevilla; JS Engineering and Cientec, S.A. de. C.V.; In the Matter of Juan Sevilla 16123 Ardath Avenue Gardena, California 90249, Respondent; JS Engineering 16123 Ardath Avenue Gardena, California 90249 and Cientec, S.A. de. C.V. Acatempan No. 2112 Chapultepec Country, 44620 Guadalajara, Jalisco Mexico; Related Persons, 4519-4521 [08-293]
Download as PDF
Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Notices
services proposed for addition to the
Procurement List.
Comments on this certification are
invited. Commenters should identify the
statement(s) underlying the certification
on which they are providing additional
information.
End of Certification
The following products and services
are proposed for addition to
Procurement List for production by the
nonprofit agencies listed:
Products
Paper, Xerographic (Chlorine Free)
NSN: 7530–01–503–8441—81⁄2″ x 11″.
NPA: Louisiana Association for the Blind,
Shreveport, LA.
Coverage: the remaining General Services
Administration (Burlington, NJ depot)
requirement. A-list for the total
Government Requirement as specified by
the General Services Administration.
Contracting Activity: General Services
Administration, Office Supplies & Paper
Products Acquisition Ctr, New York, NY.
jlentini on PROD1PC65 with NOTICES
SKILCRAFT Wide Angle Broom
NSN: M.R. 1041.
NPA: L.C. Industries For The Blind, Inc.,
Durham, NC.
Coverage: C-List for the requirements of the
Defense Commissary Agency, Fort Lee,
VA.
Contracting Activity: Defense Commissary
Agency (DeCA), Fort Lee, VA.
Services
Service Type/Location: Custodial Services,
Border Patrol Station, Customs and
Border Protection (CBP), 135 Trippany
Road, Massena, NY.
NPA: St. Lawrence County Chapter,
NYSARC, Canton, NY.
NPA: Employment Source, Inc., Fayetteville,
NC.
Contracting Activity: U.S. Department of
Homeland Security, Washington, DC.
Service Type/Location: Grounds
Maintenance, Fort Jackson, Fort Jackson,
SC.
NPA: Employment Source, Inc., Fayetteville,
NC.
Contracting Activity: Army Contracting
Agency, Fort Jackson, SC.
Service Type/Location: Grounds
Maintenance, Janitorial & Facility
Maintenance Services, Loyalhanna &
Conemaugh Dam, 400 Loyalhanna Dam
Road, Saltsburgh, PA.
NPA: The Burnley Workshop of the Poconos,
Inc., Stroudsburg, PA.
Contracting Activity: U.S. Army Corps of
Engineers—Pittsburgh District,
Pittsburgh, PA.
Service Type/Location: Mail Support
Services, Bureau of Public Debt, 200
Third Street, Parkersburg, WV.
NPA: ServiceSource, Inc., Alexandria, VA.
Contracting Activity: Department of the
Treasury, Bureau of Public Debt,
Parkersburg, WV.
Service Type/Location: Mailroom Operations,
Internal Revenue Service, 300 E 8th
VerDate Aug<31>2005
16:59 Jan 24, 2008
Jkt 214001
Street & 9430 Research Blvd, Austin, TX.
NPA: Austin Task, Inc., Austin, TX.
NPA: ServiceSource, Inc., Alexandria, VA
(PRIME CONTRACTOR).
Contracting Activity: U.S. Department of the
Treasury, Internal Revenue Service
Headquarters, Oxon Hill, MD.
Service Type/Location: Base Supply Center,
Fort Irwin, CA.
NPA: The Lighthouse for the Blind, Inc.
(Seattle Lighthouse), Seattle, WA.
Contracting Activity: Department of the
Army, National Training Center
Acquisition Command, Fort Irwin, CA.
Service Type/Location: Grounds
Maintenance, Marine Corps Air Station,
New River, Camp Greiger and Camp
Johnson, Jacksonville, NC.
NPA: Coastal Enterprises of Jacksonville,
Inc., Jacksonville, NC.
Contracting Activity: Naval Facilities
Engineering Command (NAVFAC) MidAtlantic, Camp Lejeune, NC.
Service Type/Location: Food Service
Attendant, Naval Station Mayport
(Basewide), Mayport, FL.
NPA: Goodwill Industries of North Florida
(GINFL) Services, Inc., Jacksonville, FL.
Contracting Activity: Fleet and Industrial
Supply Center—Jacksonville,
Jacksonville, FL.
Deletions
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. If approved, the action should not
result in additional reporting,
recordkeeping or other compliance
requirements for small entities.
2. If approved, the action may result
in authorizing small entities to furnish
the products and service to the
Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in
connection with the products and
service proposed for deletion from the
Procurement List.
Comments on this certification are
invited. Commenters should identify the
statement(s) underlying the certification
on which they are providing additional
information.
End of Certification
The following products and service
are proposed for deletion from the
Procurement List:
Products
Aloud Digital Audio Labeling System
NSN: 6515–00–NIB–0226.
NPA: Central Association for the Blind &
Visually Impaired, Utica, NY.
Contracting Activity: Veterans Affairs
National Acquisition Center, Hines, IL.
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Frm 00004
Fmt 4703
Sfmt 4703
4519
PRC Deck Recoating System
NSN: 8010–00–NIB–0012
NPA: Alphapointe Association for the Blind,
Kansas City, MO.
Contracting Activity: Fleet and Industrial
Supply Center, Bremerton, WA.
Service
Service Type/Location: Janitorial/Custodial,
Social Security Administration Building,
2700 N. Knoxville Avenue, Peoria, IL.
NPA: Community Workshop and Training
Center, Inc., Peoria, IL.
Contracting Activity: General Services
Administration, Public Buildings
Service, Region 5, Springfield, IL.
Kimberly M. Zeich,
Director, Program Operations.
[FR Doc. E8–1336 Filed 1–24–08; 8:45 am]
BILLING CODE 6353–01–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Juan Sevilla; JS Engineering and
Cientec, S.A. de. C.V.; In the Matter of
Juan Sevilla 16123 Ardath Avenue
Gardena, California 90249,
Respondent; JS Engineering 16123
Ardath Avenue Gardena, California
90249 and Cientec, S.A. de. C.V.
Acatempan No. 2112 Chapultepec
Country, 44620 Guadalajara, Jalisco
Mexico; Related Persons
Order Denying Export Privileges
A. Denial of Export Privileges of Juan
Sevilla
On December 5, 2006, in the U.S.
District Court for the Northern District
of Illinois, Juan Sevilla (‘‘Sevilla’’) was
found guilty on one count of violating
the International Emergency Economic
Powers Act (50 U.S.C. 1701–1706
(2000)) (‘‘IEEPA’’). Specifically, the
Court found that Sevilla knowingly and
willfully attempted to engage in the
unauthorized sale and export to Iran of
a United Computer Inclusive Hydraulic
Floor Model Testing Machine. The
testing machine is classified as EAR99.
These systems test metals or plastic
materials for tensile strength and the
export of these systems to Iran requires
an individual validated license from the
Department of the Treasury, Office of
Foreign Assets Control (‘‘OFAC’’).
Failing to obtain the proper OFAC
license for this item is also a violation
of the Export Administration
Regulations (‘‘Regulations’’).1 Sevilla
was sentenced to probation for five
years with a period of home
1 The Regulations are currently codified at 15 CFR
Parts 730–774 (2007).
E:\FR\FM\25JAN1.SGM
25JAN1
4520
Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Notices
confinement of six months. The judge
also ordered 100 hours of community
service, a $100.00 special assessment
and a $10,000.00 fine.
Section 11(h) of the Export
Administration Act of 1979, as amended
(currently codified at 50 U.S.C. Section
2401–2420 (2000)) (the ‘‘Act’’) 2 and
Section 766.25 of the Regulations
provide, in pertinent part, that ‘‘[t]he
Director of Exporter Services, in
consultation with the Director of the
Office of Export Enforcement, may deny
export privileges of any person who has
been convicted of a violation of * * *
IEEPA’’ for a period not to exceed 10
years from the date of conviction. 15
CFR 766.25(a) and (d). In addition,
Section 750.8 of the Regulations states
that BIS’s Office of Exporter Services
may revoke any BIS licenses previously
issued in which the person had an
interest at the time of his conviction.
I have received notice of Sevilla’s
conviction for violating the IEEPA, and
have provided notice and an
opportunity for Sevilla to make a
written submission to the Bureau of
Industry and Security as provided in
Section 766.25 of the Regulations. I have
received a written submission from
Sevilla and, following consultations
with the Office of Export Enforcement,
including its Director, have decided to
deny Sevilla’s export privileges under
the Regulations for a period of five years
from the date of Sevilla’s conviction. I
have also decided to revoke all licenses
issued pursuant to the Act or
Regulations in which Sevilla had an
interest at the time of his conviction.
B. Denial of Export Privileges of Related
Persons
jlentini on PROD1PC65 with NOTICES
Pursuant to Sections 766.25(h) and
766.23 of the Regulations, the Director
of BIS’s Office of Exporter Services, in
consultation with the Director of BIS’s
Office of Export Enforcement, may take
action to name persons related to a
Respondent by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business in order to prevent evasion
of a denial order. I gave notice to
Cientec, S.A. de C.V. (‘‘Cientec’’) and JS
Engineering that their export privileges
under the Regulations could be denied
for up to 10 years due to their
relationship with Sevilla and because
2 50 U.S.C. app. Section 2401–2420. 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)), as
extended by the Notice of August 15, 2007 (72 FR
46137, Aug. 16, 2007), has continued the
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701–
1706 (2000)) (‘‘IEEPA’’).
VerDate Aug<31>2005
16:59 Jan 24, 2008
Jkt 214001
BIS believes that naming them as
persons related to Sevilla would be
necessary to prevent evasion of a denial
order imposed against Sevilla. Sevilla is
the founder, owner and president of
Cientec, S.A. Sevilla is also the owner
of JS Engineering, an affiliate of Cientec
based out of Sevilla’s home in Gardenia,
CA. JS Engineering and Cientec are
related to Sevilla by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business. BIS believes that naming
Cientec and JS Engineering as persons
related to Sevilla is necessary to avoid
evasion of the denial order against
Sevilla because of the likelihood that
Sevilla would continue to engage in
trade through these companies.
After receiving and considering
submissions from JS Engineering and
Cientec, I have decided, following
consultations with the Office of Export
Enforcement, including its Director, to
name JS Engineering and Cientec as
Related Persons to the Sevilla Denial
Order, thereby denying their export
privileges for five years from the date of
Sevilla’s conviction.
I have also decided to revoke all
licenses issued pursuant to the Act or
Regulations in which the Related
Persons had an interest at the time of
Sevilla’s conviction. The five-year
denial period will end on December 5,
2011.
Accordingly, it is hereby
Ordered
I. Until December 5, 2011, Juan
Sevilla, 16123 Ardath Avenue, Gardena,
California 90249, when acting for or on
behalf of Sevilla, his representatives,
assigns, agents or employees, (‘‘the
Denied Person’’) and the following
persons related to the Denied Person as
defined by Section 766.23 of the
Regulations: JS Engineering, 16123
Ardath Avenue, Gardena, California
90249 and Cientec, S.A. de. C.V.,
Acatempan No. 2112, Chapultepec
Country, 44620, Guadalajara, Jalisco,
Mexico, and when acting for or on their
behalf, their employees, agents or
representatives, (‘‘the Related Persons’’)
(together, the Denied Person and the
Related Persons are ‘‘Persons Subject To
This Order’’) 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, or in any other subject to
the Regulations, including, but not
limited to:
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
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
any other activity subject to the
Regulations.
II. No person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Persons Subject To This Order
any item subject to the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Persons Subject To This Order 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 Persons Subject
To This Order 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 Persons Subject To
This Order of any item subject to the
Regulations that has been exported from
the United States;
D. Obtain from the Persons Subject To
This Order 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 Persons
Subject To This Order, or service any
item, of whatever origin, that is owned,
possessed or controlled by the Persons
Subject To This Order 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.
III. In addition to the Related Persons
named above, after notice and
opportunity for comment as provided in
section 766.23 of the Regulations, any
other person, firm, corporation, or
E:\FR\FM\25JAN1.SGM
25JAN1
Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Notices
business organization related to Sevilla
by affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services may also be
made subject to the provisions of this
Order if necessary to prevent evasion of
the Order.
IV. This Order does not prohibit any
export, reexport, or other transaction
subject to the Regulations where the
only items involved that are subject to
the Regulations are the foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until
December 5, 2011.
VI. In accordance with Part 756 of the
Regulations, Sevilla 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.
VII. In accordance with Part 756 of the
Regulations, the Related Persons may
also file an appeal of this Order with the
Under Secretary of Commerce for
Industry and Security.
VIII. A copy of this Order shall be
delivered to Sevilla and the Related
Persons. This Order shall be published
in the Federal Register.
Dated: January 16, 2008.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 08–293 Filed 1–24–08; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
jlentini on PROD1PC65 with NOTICES
Transportation and Related Equipment
Technical Advisory Committee; Notice
of Partially Closed Meeting
The Transportation and Related
Equipment Technical Advisory
Committee will meet on February 6,
2007, 9:30 a.m., in the Herbert C.
Hoover Building, Room 3884, 14th
Street between Constitution &
Pennsylvania Avenues, NW.,
Washington, DC. The Committee
advises the Office of the Assistant
Secretary for Export Administration
with respect to technical questions that
affect the level of export controls
applicable to transportation and related
equipment or technology.
Public Session
1. Welcome and Introductions.
2. Working Group Reports.
—Composite Working Group
VerDate Aug<31>2005
16:59 Jan 24, 2008
Jkt 214001
—Engine Hot Section—Combustors and
Turbines
—Helicopter Power Transfer Systems
—Jurisdiction—17C—Interpretation 9
—Flight Controls and Heads Up
Displays
—Inertial
—Marine
3. Comments from the public.
Closed Session
4. Discussion of matters determined to
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 2 section 10(a)(1) and 10(a)(3).
The open session will be accessible
via teleconference to 20 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at
Yspringer@bis.doc.gov no later than
January 30, 2008.
A limited number of seats will be
available during the public session of
the meeting. Reservations are not
accepted. To the extent time permits,
members of the public may present oral
statements to the Committee. The public
may submit written statements at any
time before or after the meeting.
However, to facilitate distribution of
public presentation materials to
Committee members, the Committee
suggests that presenters forward the
public presentation materials prior to
the meeting to Ms. Springer via e-mail.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on January 17,
2008, pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. app. 2 section
(10)(d)), that the portion of the meeting
dealing with matters the disclosure of
which would be likely to frustrate
significantly implementation of an
agency action as described in 5 U.S.C.
552b(c)(9)(B) shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. app. 2 section 10(a)(1)
and 10(a)(3). The remaining portions of
the meeting will be open to the public.
For more information, call Yvette
Springer at (202) 482–2813.
Dated: January 18, 2008.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. E8–1294 Filed 1–24–08; 8:45 am]
BILLING CODE 3510–JT–P
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
4521
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket No.: 071220879–8021–01]
Measurement, Science and
Engineering Grants Programs;
Availability of Funds
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The National Institute of
Standards and Technology (NIST)
announces that the following programs
are soliciting applications for financial
assistance for FY 2008: (1) The
Electronics and Electrical Engineering
Laboratory Grants Program; (2) the
Manufacturing Engineering Laboratory
Grants Program; (3) the Chemical
Science and Technology Laboratory
Grants Program; (4) the Physics
Laboratory Grants Program; (5) the
Materials Science and Engineering
Laboratory Grants Program; (6) the
Building Research Grants and
Cooperative Agreements Program; (7)
the Fire Research Grants Program; (8)
the Information Technology Laboratory
Grants Program; (9) the NIST Center for
Neutron Research Grants Program; (10)
Center for Nanoscale Science and
Technology Grants Program; and (11)
the NCNR Sample Environment
Equipment Financial Assistance
Program. Each program will only
consider applications that are within the
scientific scope of the program as
described in this notice and in the
detailed program descriptions found in
the Federal Funding Opportunity (FFO)
announcement for these programs. Prior
to preparation of a proposal, it is
strongly suggested that potential
applicants contact the Program Manager
for the appropriate field of research, as
specified in the FFO announcement
found at https://www.grants.gov, for
clarification of the program objectives
and to determine whether their proposal
is responsive to this notice.
DATES: See below.
ADDRESSES: See below.
SUPPLEMENTARY INFORMATION:
Catalog of Federal Domestic
Assistance Name and Number:
Measurement and Engineering Research
and Standards—11.609.
Electronics and Electrical Engineering
Laboratory (EEEL) Grants Program
Program Description: The Electronics
and Electrical Engineering Laboratory
(EEEL) Grants Program will provide
grants and cooperative agreements for
E:\FR\FM\25JAN1.SGM
25JAN1
Agencies
[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Notices]
[Pages 4519-4521]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-293]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Juan Sevilla; JS Engineering
and Cientec, S.A. de. C.V.; In the Matter of Juan Sevilla 16123 Ardath
Avenue Gardena, California 90249, Respondent; JS Engineering 16123
Ardath Avenue Gardena, California 90249 and Cientec, S.A. de. C.V.
Acatempan No. 2112 Chapultepec Country, 44620 Guadalajara, Jalisco
Mexico; Related Persons
Order Denying Export Privileges
A. Denial of Export Privileges of Juan Sevilla
On December 5, 2006, in the U.S. District Court for the Northern
District of Illinois, Juan Sevilla (``Sevilla'') was found guilty on
one count of violating the International Emergency Economic Powers Act
(50 U.S.C. 1701-1706 (2000)) (``IEEPA''). Specifically, the Court found
that Sevilla knowingly and willfully attempted to engage in the
unauthorized sale and export to Iran of a United Computer Inclusive
Hydraulic Floor Model Testing Machine. The testing machine is
classified as EAR99. These systems test metals or plastic materials for
tensile strength and the export of these systems to Iran requires an
individual validated license from the Department of the Treasury,
Office of Foreign Assets Control (``OFAC''). Failing to obtain the
proper OFAC license for this item is also a violation of the Export
Administration Regulations (``Regulations'').\1\ Sevilla was sentenced
to probation for five years with a period of home
[[Page 4520]]
confinement of six months. The judge also ordered 100 hours of
community service, a $100.00 special assessment and a $10,000.00 fine.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified at 15 CFR Parts 730-
774 (2007).
---------------------------------------------------------------------------
Section 11(h) of the Export Administration Act of 1979, as amended
(currently codified at 50 U.S.C. Section 2401-2420 (2000)) (the
``Act'') \2\ and Section 766.25 of the Regulations provide, in
pertinent part, that ``[t]he Director of Exporter Services, in
consultation with the Director of the Office of Export Enforcement, may
deny export privileges of any person who has been convicted of a
violation of * * * IEEPA'' for a period not to exceed 10 years from the
date of conviction. 15 CFR 766.25(a) and (d). In addition, Section
750.8 of the Regulations states that BIS's Office of Exporter Services
may revoke any BIS licenses previously issued in which the person had
an interest at the time of his conviction.
---------------------------------------------------------------------------
\2\ 50 U.S.C. app. Section 2401-2420. 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)), as extended
by the Notice of August 15, 2007 (72 FR 46137, Aug. 16, 2007), has
continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000))
(``IEEPA'').
---------------------------------------------------------------------------
I have received notice of Sevilla's conviction for violating the
IEEPA, and have provided notice and an opportunity for Sevilla to make
a written submission to the Bureau of Industry and Security as provided
in Section 766.25 of the Regulations. I have received a written
submission from Sevilla and, following consultations with the Office of
Export Enforcement, including its Director, have decided to deny
Sevilla's export privileges under the Regulations for a period of five
years from the date of Sevilla's conviction. I have also decided to
revoke all licenses issued pursuant to the Act or Regulations in which
Sevilla had an interest at the time of his conviction.
B. Denial of Export Privileges of Related Persons
Pursuant to Sections 766.25(h) and 766.23 of the Regulations, the
Director of BIS's Office of Exporter Services, in consultation with the
Director of BIS's Office of Export Enforcement, may take action to name
persons related to a Respondent by ownership, control, position of
responsibility, affiliation, or other connection in the conduct of
trade or business in order to prevent evasion of a denial order. I gave
notice to Cientec, S.A. de C.V. (``Cientec'') and JS Engineering that
their export privileges under the Regulations could be denied for up to
10 years due to their relationship with Sevilla and because BIS
believes that naming them as persons related to Sevilla would be
necessary to prevent evasion of a denial order imposed against Sevilla.
Sevilla is the founder, owner and president of Cientec, S.A. Sevilla is
also the owner of JS Engineering, an affiliate of Cientec based out of
Sevilla's home in Gardenia, CA. JS Engineering and Cientec are related
to Sevilla by ownership, control, position of responsibility,
affiliation, or other connection in the conduct of trade or business.
BIS believes that naming Cientec and JS Engineering as persons related
to Sevilla is necessary to avoid evasion of the denial order against
Sevilla because of the likelihood that Sevilla would continue to engage
in trade through these companies.
After receiving and considering submissions from JS Engineering and
Cientec, I have decided, following consultations with the Office of
Export Enforcement, including its Director, to name JS Engineering and
Cientec as Related Persons to the Sevilla Denial Order, thereby denying
their export privileges for five years from the date of Sevilla's
conviction.
I have also decided to revoke all licenses issued pursuant to the
Act or Regulations in which the Related Persons had an interest at the
time of Sevilla's conviction. The five-year denial period will end on
December 5, 2011.
Accordingly, it is hereby
Ordered
I. Until December 5, 2011, Juan Sevilla, 16123 Ardath Avenue,
Gardena, California 90249, when acting for or on behalf of Sevilla, his
representatives, assigns, agents or employees, (``the Denied Person'')
and the following persons related to the Denied Person as defined by
Section 766.23 of the Regulations: JS Engineering, 16123 Ardath Avenue,
Gardena, California 90249 and Cientec, S.A. de. C.V., Acatempan No.
2112, Chapultepec Country, 44620, Guadalajara, Jalisco, Mexico, and
when acting for or on their behalf, their employees, agents or
representatives, (``the Related Persons'') (together, the Denied Person
and the Related Persons are ``Persons Subject To This Order'') 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, or in any other
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 any other activity subject to the Regulations.
II. No person may, directly or indirectly, do any of the following:
A. Export or reexport to or on behalf of the Persons Subject To
This Order any item subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Persons Subject To This Order 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 Persons
Subject To This Order 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 Persons Subject To This Order of any
item subject to the Regulations that has been exported from the United
States;
D. Obtain from the Persons Subject To This Order 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 Persons Subject To
This Order, or service any item, of whatever origin, that is owned,
possessed or controlled by the Persons Subject To This Order 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.
III. In addition to the Related Persons named above, after notice
and opportunity for comment as provided in section 766.23 of the
Regulations, any other person, firm, corporation, or
[[Page 4521]]
business organization related to Sevilla by affiliation, ownership,
control, or position of responsibility in the conduct of trade or
related services may also be made subject to the provisions of this
Order if necessary to prevent evasion of the Order.
IV. This Order does not prohibit any export, reexport, or other
transaction subject to the Regulations where the only items involved
that are subject to the Regulations are the foreign-produced direct
product of U.S.-origin technology.
V. This Order is effective immediately and shall remain in effect
until December 5, 2011.
VI. In accordance with Part 756 of the Regulations, Sevilla 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.
VII. In accordance with Part 756 of the Regulations, the Related
Persons may also file an appeal of this Order with the Under Secretary
of Commerce for Industry and Security.
VIII. A copy of this Order shall be delivered to Sevilla and the
Related Persons. This Order shall be published in the Federal Register.
Dated: January 16, 2008.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 08-293 Filed 1-24-08; 8:45 am]
BILLING CODE 3510-DT-M