Mario Julian Martinez-Bernache, Inmate Number #95749-279, CI Big Spring, Corrections Institution, 2001 Rickabaugh Drive, Big Spring, TX 79720; Order Denying Export Privileges, 37792-37793 [2013-14984]
Download as PDF
<![CDATA[
mstockstill on DSK4VPTVN1PROD with NOTICES
37792
Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Notices
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 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.
III. 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 Reyes-Martinez
by affiliation, ownership, control or
VerDate Mar<15>2010
18:13 Jun 21, 2013
Jkt 229001
position of responsibility in the conduct
of trade or related services may also be
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
November 21, 2021.
VI. In accordance with Part 756 of the
Regulations, Reyes-Martinez 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. A copy of this Order shall be
delivered to the Reyes-Martinez. This
Order shall be published in the Federal
Register.
Issued this 17th day of June 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013–14988 Filed 6–21–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Mario Julian Martinez-Bernache,
Inmate Number #95749–279, CI Big
Spring, Corrections Institution, 2001
Rickabaugh Drive, Big Spring, TX
79720; Order Denying Export
Privileges
On March 15, 2012, in the U.S.
District Court, Southern District of
Texas, Mario Julian Martinez-Bernache
(‘‘Martinez-Bernache’’) was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2006 &
Supp. IV 2010)) (‘‘AECA’’). Specifically,
Martinez-Bernache was convicted of
knowingly and willfully attempting to
export and causing to be exported from
the United States to Mexico 4000
rounds of .223 caliber ammunition and
1000 rounds of 7.62 millimeter 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. MartinezBernache was sentenced to 46 months of
imprisonment and three years of
supervised release, and fined a $100
assessment. Martinez-Bernache is also
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
listed on the U.S. Department of State
Debarred List.
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. 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 (‘‘BIS’’)
licenses previously issued in which the
person had an interest in at the time of
his conviction.
I have received notice of MartinezBernache’s conviction for violating the
AECA, and have provided notice and an
opportunity for Martinez-Bernache to
make a written submission to BIS, as
provided in Section 766.25 of the
Regulations. I have not received a
submission from Martinez-Bernache.
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 MartinezBernache’s export privileges under the
Regulations for a period of 10 years from
the date of Martinez-Bernache’s
conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which
Martinez-Bernache had an interest at the
time of his conviction.
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR Parts 730–
774 (2013). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. app. §§ 2401–
2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the
EAA 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 15, 2012 (77 Fed. Reg. 49699
(August 16, 2012)), has continued the Regulations
in effect under the International Emergency
Economic Powers Act (50 U.S.C. 1701, et seq. (2006
& Supp. IV 2010)).
E:\FR\FM\24JNN1.SGM
24JNN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Notices
Accordingly, it is hereby ordered
I. Until March 15, 2022, Mario Julian
Martinez-Bernache, with a last known
address at: Inmate Number #95749–279,
CI Big Spring, Corrections Institution,
2001 Rickabaugh Drive, Big Spring, TX
79720, and when acting for or on behalf
of Martinez-Bernache, his
representatives, assigns, agents or
employees (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
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 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
VerDate Mar<15>2010
18:13 Jun 21, 2013
Jkt 229001
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.
III. 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 MartinezBernache by affiliation, ownership,
control or position of responsibility in
the conduct of trade or related services
may also be 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 March
15, 2022.
VI. In accordance with Part 756 of the
Regulations, Martinez-Bernache 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. A copy of this Order shall be
delivered to the Martinez-Bernache.
This Order shall be published in the
Federal Register.
Issued this 17th day of June 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013–14984 Filed 6–21–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Jose Arturo RamonHerrada, Inmate Number #90903–279,
CI Willacy County, Correctional
Institution, 1800 Industrial Drive,
Raymonville, TX 78580
Order Denying Export Privileges
On February 24, 2012, in the U.S.
District Court, Southern District of
Texas, Jose Arturo Ramon-Herrada
(‘‘Ramon-Herrada’’) was convicted of
violating Section 38 of the Arms Export
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
37793
Control Act (22 U.S.C. 2778 (2006 &
Supp. IV 2010)) (‘‘AECA’’). Specifically,
Ramon-Herrada was convicted of
knowingly and willfully conspiring and
agreeing with another person or persons
to export and causing to be exported
from the United States to Mexico 17,500
cartridges of ammunition 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. RamonHerrada was sentenced to 37 months of
imprisonment and two years of
supervised release, and fined a $100
assessment. Ramon-Herrada is also
listed on the U.S. Department of State
Debarred List.
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. 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 (‘‘BIS’’)
licenses previously issued in which the
person had an interest in at the time of
his conviction.
I have received notice of RamonHerrada’s conviction for violating the
AECA, and have provided notice and an
opportunity for Ramon-Herrada to make
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR Parts 730–
774 (2013). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. app. §§ 2401–
2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the
EAA 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 15, 2012 (77 FR 49699 (August
16, 2012)), has continued the Regulations in effect
under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
IV 2010)).
E:\FR\FM\24JNN1.SGM
24JNN1
]]>Agencies
[Federal Register Volume 78, Number 121 (Monday, June 24, 2013)]
[Notices]
[Pages 37792-37793]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14984]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Mario Julian Martinez-Bernache, Inmate Number 95749-279,
CI Big Spring, Corrections Institution, 2001 Rickabaugh Drive, Big
Spring, TX 79720; Order Denying Export Privileges
On March 15, 2012, in the U.S. District Court, Southern District of
Texas, Mario Julian Martinez-Bernache (``Martinez-Bernache'') was
convicted of violating Section 38 of the Arms Export Control Act (22
U.S.C. 2778 (2006 & Supp. IV 2010)) (``AECA''). Specifically, Martinez-
Bernache was convicted of knowingly and willfully attempting to export
and causing to be exported from the United States to Mexico 4000 rounds
of .223 caliber ammunition and 1000 rounds of 7.62 millimeter 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. Martinez-Bernache was sentenced to 46 months of
imprisonment and three years of supervised release, and fined a $100
assessment. Martinez-Bernache is also listed on the U.S. Department of
State Debarred List.
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. app. Sec. 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. Sec. 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
(``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 (2013). The Regulations
issued pursuant to the Export Administration Act (50 U.S.C. app.
Sec. Sec. 2401-2420 (2000)) (``EAA''). Since August 21, 2001, the
EAA 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 15, 2012 (77 Fed. Reg. 49699 (August 16,
2012)), has continued the Regulations in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.
(2006 & Supp. IV 2010)).
---------------------------------------------------------------------------
I have received notice of Martinez-Bernache's conviction for
violating the AECA, and have provided notice and an opportunity for
Martinez-Bernache to make a written submission to BIS, as provided in
Section 766.25 of the Regulations. I have not received a submission
from Martinez-Bernache. 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 Martinez-Bernache's
export privileges under the Regulations for a period of 10 years from
the date of Martinez-Bernache's conviction. I have also decided to
revoke all licenses issued pursuant to the Act or Regulations in which
Martinez-Bernache had an interest at the time of his conviction.
[[Page 37793]]
Accordingly, it is hereby ordered
I. Until March 15, 2022, Mario Julian Martinez-Bernache, with a
last known address at: Inmate Number 95749-279, CI Big Spring,
Corrections Institution, 2001 Rickabaugh Drive, Big Spring, TX 79720,
and when acting for or on behalf of Martinez-Bernache, his
representatives, assigns, agents or employees (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 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 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.
III. 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 Martinez-Bernache by affiliation,
ownership, control or position of responsibility in the conduct of
trade or related services may also be 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 March 15, 2022.
VI. In accordance with Part 756 of the Regulations, Martinez-
Bernache 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. A copy of this Order shall be delivered to the Martinez-
Bernache. This Order shall be published in the Federal Register.
Issued this 17th day of June 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-14984 Filed 6-21-13; 8:45 am]
BILLING CODE P
