Order Denying Export Privileges, 37785-37787 [2013-15019]
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mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Notices
Park located on the St. Andrew Bay and
the Intra-coastal Waterway in Panama
City; Site 2 (174 acres)—Hugh Nelson
Industrial Park located off Highway 390
in Lynn Haven; Site 3 (505 acres total)—
Bay Industrial Park (254 acres) located
northeast of the intersection of Highway
231 and Highway 167 in Bay County
and Bay Intermodal Park (251 acres)
located at Highway 231 and Commerce
Boulevard in Panama City; Site 4 (83
acres total)—within the 130-acre
Tommy R. McDonald Industrial Park
located at Industrial Drive and
Commerce Avenue in Chipley (78 acres)
and at 1076 Brickyard Road in Chipley
(5 acres, expires 7/31/2014); and, Site 5
(214 acres)—Washington County
Industrial Park located north of
Highway 90 at intersection of Highway
273 and North Boulevard in Chipley.
The grantee’s proposed service area
under the ASF would be Bay and
Washington Counties, Florida, as
described in the application. If
approved, the grantee would be able to
serve sites throughout the service area
based on companies’ needs for FTZ
designation. The proposed service area
is adjacent to the Panama City Customs
and Border Protection port of entry.
The applicant is requesting authority
to reorganize its existing zone as
follows: (1) Modify Site 3 by reinstating
5 acres at the Bay Industrial Park which
will now consist of 259 acres (new
overall site total—510 acres); (2) modify
Site 4 by removing the 5 acres located
at 1076 Brickyard Road in Chipley (new
overall site total—78 acres); and, (3)
Sites 1, 2 (as modified), 3, 4 (as
modified) and 5 will be designated as
‘‘magnet’’ sites. The ASF allows for the
possible exemption of one magnet site
from the ‘‘sunset’’ time limits that
generally apply to sites under the ASF,
and the applicant proposes that Site 1
be so exempted. No subzones or usagedriven sites are being requested at this
time. The application would have no
impact on FTZ 65’s previously
authorized subzone.
In accordance with the FTZ Board’s
regulations, Camille Evans of the FTZ
Staff is designated examiner to evaluate
and analyze the facts and information
presented in the application and case
record and to report findings and
recommendations to the FTZ Board.
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 August
23, 2013. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
September 9, 2013.
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A copy of the application 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 Camille Evans at
Camille.Evans@trade.gov or (202) 482–
2350.
Dated: June 18, 2013.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2013–15012 Filed 6–21–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–62–2013]
Foreign-Trade Zone (FTZ) 196—Fort
Worth, Texas; Notification of Proposed
Production Activity; Flextronics
International USA, Inc. (Mobile Phone
Assembly and Kitting); Fort Worth,
Texas
Flextronics International USA, Inc.
(Flextronics) submitted a notification of
proposed production activity to the FTZ
Board for its facility in Fort Worth,
Texas. The notification conforming to
the requirements of the regulations of
the FTZ Board (15 CFR 400.22) was
received on June 14, 2013.
The Flextronics facility is located
within Site 2 of FTZ 196. The facility is
used for the assembly, kitting,
programming, testing, packaging,
warehousing and distribution of mobile
phones. Pursuant to 15 CFR 400.14(b),
FTZ activity would be limited to the
specific foreign-status materials and
components and specific finished
products described in the submitted
notification (as described below) and
subsequently authorized by the FTZ
Board.
Production under FTZ procedures
could exempt Flextronics from customs
duty payments on the foreign status
components used in export production.
On its domestic sales, Flextronics would
be able to choose the duty rates during
customs entry procedures that apply to
cell phones or mobile handsets (dutyfree) for the foreign status inputs noted
below. Customs duties also could
possibly be deferred or reduced on
foreign status production equipment.
The components and materials
sourced from abroad include: labels,
battery adhesives, decals, Kevlar
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37785
protective liners, mesh gaskets, holsters
with swivels, leather carrying cases,
leather pouches/cases, plastic carrying
cases, wrist straps, screws, power
supplies, nickel/cadmium batteries,
lithium/ion batteries, other batteries,
antenna assemblies, audio flex
assemblies, bridge flex assemblies,
interplex assembly chassis, back
assembly covers, sidekey assemblies,
phone camera assemblies, phone camera
lens assemblies, phone camera lens
housing assemblies, phone transceiver
assemblies, printed circuit board
assemblies, rear phone housing
assemblies, phone side key brackets,
volume buttons, grommets, phone
rigidizer housings, plastic phone
housings, microphones, power key
buttons, protective liners, speaker
earpieces, external speaker sets,
headsets with microphones, hands-free
speaker sets, mobile phones, housing
assemblies, connectors, boards, flash
flex assemblies and cables (duty rate
ranges from duty-free to 8.6%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is August
5, 2013.
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 Board’s
Web site, which is accessible via
www.trade.gov/ftz.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Whiteman at
Elizabeth.Whiteman@trade.gov or (202)
482–0473.
Dated: June 18, 2013.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2013–15013 Filed 6–21–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Gerardo Domingo
Rodriguez-Rivera, Inmate Number
#96977–279, FCI Beaumont Low, Federal
Corrections Institution, P.O. Box 26020,
Beaumont, TX 77720.
On January 13, 2012, in the U.S.
District Court, Southern District of
Texas, Gerardo Domingo RodriguezRivera (‘‘Rodriguez-Rivera’’) was
convicted of violating Section 38 of the
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37786
Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Arms Export Control Act (22 U.S.C.
2778 (2006 & Supp. IV 2010)) (‘‘AECA’’).
Specifically, Rodriguez-Rivera was
convicted of knowingly and willfully
exporting and causing to be exported
and attempting to export and attempting
to cause to be exported from the United
States to Mexico 70 AK–47 magazines,
which are 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. Rodriguez-Rivera was sentenced
to 46 months of imprisonment and three
years of supervised release, and fined a
$100 assessment. Rodriguez-Rivera 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 RodriguezRivera’s conviction for violating the
AECA, and have provided notice and an
opportunity for Rodriguez-Rivera to
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)).
VerDate Mar<15>2010
18:13 Jun 21, 2013
Jkt 229001
make a written submission to BIS, as
provided in Section 766.25 of the
Regulations. I have not received a
submission from Rodriguez-Rivera.
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 RodriguezRivera’s export privileges under the
Regulations for a period of 10 years from
the date of Rodriguez-Rivera’s
conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which
Rodriguez-Rivera had an interest at the
time of his conviction.
Accordingly, it is hereby
Ordered
I. Until January 13, 2022, Gerardo
Domingo Rodriguez-Rivera, with a last
known address at: Inmate Number
#96977–279, FCI Beaumont Low,
Federal Corrections Institution, P.O. Box
26020, Beamont, TX 77720, and when
acting for or on behalf of RodriguezRivera, 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
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Fmt 4703
Sfmt 4703
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 Rodriguez-Rivera
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 January
13, 2022.
VI. In accordance with Part 756 of the
Regulations, Rodriguez-Rivera 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 Rodriguez-Rivera. This
Order shall be published in the Federal
Register.
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Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Notices
Issued this 17th day of June 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013–15019 Filed 6–21–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Manuel Mario Pavon, Inmate
Number #96976–279, FCI Big Spring,
Federal Corrections Institution, 1900
Simler Avenue, Big Spring, TX 79720.
mstockstill on DSK4VPTVN1PROD with NOTICES
On January 13, 2012, in the U.S.
District Court, Southern District of
Texas, Manuel Mario Pavon (‘‘Pavon’’)
was convicted of violating Section 38 of
the Arms Export Control Act (22 U.S.C.
2778 (2006 & Supp. IV 2010)) (‘‘AECA’’).
Specifically, Pavon was convicted of
knowingly and willfully exporting and
causing to be exported and attempting
to export and attempting to cause to be
exported from the United States to
Mexico seventy (70) AK47 magazines
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. Pavon was sentenced to 46
months of imprisonment and three years
of supervised release, and fined a $100
assessment. Pavon 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
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)).
VerDate Mar<15>2010
18:13 Jun 21, 2013
Jkt 229001
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 Pavon’s
conviction for violating the AECA, and
have provided notice and an
opportunity for Pavon to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. I have
not received a submission from Pavon.
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 Pavon’s export
privileges under the Regulations for a
period of 10 years from the date of
Pavon’s conviction. I have also decided
to revoke all licenses issued pursuant to
the Act or Regulations in which Pavon
had an interest at the time of his
conviction.
Accordingly, it is hereby
Ordered
I. Until January 13, 2022, Manuel
Mario Pavon, with a last known address
at: Inmate Number #96976–279, FCI Big
Spring, Federal Corrections Institution,
1900 Simler Avenue, Big Spring, TX
79720, and when acting for or on behalf
of Pavon, 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
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Fmt 4703
Sfmt 4703
37787
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 Pavon 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.
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24JNN1
]]>Agencies
[Federal Register Volume 78, Number 121 (Monday, June 24, 2013)]
[Notices]
[Pages 37785-37787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15019]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Gerardo Domingo Rodriguez-Rivera, Inmate Number
96977-279, FCI Beaumont Low, Federal Corrections
Institution, P.O. Box 26020, Beaumont, TX 77720.
On January 13, 2012, in the U.S. District Court, Southern District
of Texas, Gerardo Domingo Rodriguez-Rivera (``Rodriguez-Rivera'') was
convicted of violating Section 38 of the
[[Page 37786]]
Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp. IV 2010))
(``AECA''). Specifically, Rodriguez-Rivera was convicted of knowingly
and willfully exporting and causing to be exported and attempting to
export and attempting to cause to be exported from the United States to
Mexico 70 AK-47 magazines, which are 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. Rodriguez-Rivera was sentenced to 46
months of imprisonment and three years of supervised release, and fined
a $100 assessment. Rodriguez-Rivera 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.
---------------------------------------------------------------------------
\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)).
---------------------------------------------------------------------------
I have received notice of Rodriguez-Rivera's conviction for
violating the AECA, and have provided notice and an opportunity for
Rodriguez-Rivera to make a written submission to BIS, as provided in
Section 766.25 of the Regulations. I have not received a submission
from Rodriguez-Rivera. 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 Rodriguez-Rivera's
export privileges under the Regulations for a period of 10 years from
the date of Rodriguez-Rivera's conviction. I have also decided to
revoke all licenses issued pursuant to the Act or Regulations in which
Rodriguez-Rivera had an interest at the time of his conviction.
Accordingly, it is hereby
Ordered
I. Until January 13, 2022, Gerardo Domingo Rodriguez-Rivera, with a
last known address at: Inmate Number 96977-279, FCI Beaumont
Low, Federal Corrections Institution, P.O. Box 26020, Beamont, TX
77720, and when acting for or on behalf of Rodriguez-Rivera, 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 Rodriguez-Rivera 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 January 13, 2022.
VI. In accordance with Part 756 of the Regulations, Rodriguez-
Rivera 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 Rodriguez-
Rivera. This Order shall be published in the Federal Register.
[[Page 37787]]
Issued this 17th day of June 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-15019 Filed 6-21-13; 8:45 am]
BILLING CODE P
