Order Denying Export Privileges, 30808-30809 [2014-12495]
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30808
Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Notices
approval of this information collection;
they also will become a matter of public
record.
Dated: May 23, 2014.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2014–12476 Filed 5–28–14; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Manuel Homero Garces,
Inmate #—17865–379, FCI Bastrop, Federal
Correctional Institution, P.O. Box 1010,
Bastrop, TX 78602.
tkelley on DSK3SPTVN1PROD with NOTICES
On February 6, 2013, in the U.S.
District Court, Southern District of
Texas, Manuel Homero Garces
(‘‘Garces’’), was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2006 & Supp. IV
2010)) (‘‘AECA’’). Specifically, Garces
knowingly and willfully exported and
caused to be exported and attempted to
export and attempted to cause to be
exported into the United Mexican States
from the United States of America a
defense article, that is, to wit: one
Serbian AK–47, Model PAP M70,
7.62mm rifle, serial number
ZAPAP003196, which were designated
as a defense article 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. Garces
was sentenced to 46 months of
imprisonment and two years of
supervised release, and penalized $100
as an assessment. Garces 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
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 8, 2013 (78 FR 49107 (August
12, 2013)), 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
17:19 May 28, 2014
Jkt 232001
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 Garces’s
conviction for violating the AECA, and
have provided notice and an
opportunity for Garces to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. I have
not received a submission from Garces.
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 Garces’s export
privileges under the Regulations for a
period of six years from the date of
Garces’s conviction. I have also decided
to revoke all licenses issued pursuant to
the Act or Regulations in which Garces
had an interest at the time of his
conviction.
Accordingly, it is hereby
Ordered
I. Until February 6, 2019, Manuel
Homero Garces, with a last known
address at: Inmate # –17865–379, FFCI
Bastrop, Federal Correctional
Institution, P.O. Box 1010, Bastrop, TX
78602, and when acting for or on behalf
of Garces, 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,
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
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 Garces 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.
E:\FR\FM\29MYN1.SGM
29MYN1
Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Notices
IV. This Order is effective
immediately and shall remain in effect
until February 6, 2019.
V. In accordance with Part 756 of the
Regulations, Garces 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.
VI. A copy of this Order shall be
delivered to the Garces. This Order shall
be published in the Federal Register.
Issued this 20th day of May, 2014.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2014–12495 Filed 5–28–14; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(‘‘the Department’’) has received
requests to conduct administrative
reviews of various antidumping and
countervailing duty orders and findings
with April anniversary dates. In
accordance with the Department’s
regulations, we are initiating those
administrative reviews.
SUMMARY:
DATES:
Effective Date: May 29, 2014.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202)
482–4735.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with NOTICES
Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with April
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
the Department discussed below refer to
the number of calendar days from the
applicable starting time.
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Jkt 232001
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (‘‘POR’’), it must notify the
Department within 60 days of
publication of this notice in the Federal
Register. All submissions must be filed
electronically at https://
iaaccess.trade.gov in accordance with
19 CFR 351.303.1 Such submissions are
subject to verification in accordance
with section 782(i) of the Tariff Act of
1930, as amended (‘‘Act’’). Further, in
accordance with 19 CFR 351.303(f)(1)(i),
a copy must be served on every party on
the Department’s service list.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews,
the Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the POR. We intend to
release the CBP data under
Administrative Protective Order
(‘‘APO’’) to all parties having an APO
within seven days of publication of this
initiation notice and to make our
decision regarding respondent selection
within 21 days of publication of this
Federal Register notice. The
Department invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the applicable
review. Rebuttal comments will be due
five days after submission of initial
comments.
In the event the Department decides
it is necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, the Department has found
that determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, the Department
will not conduct collapsing analyses at
the respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this antidumping
proceeding (i.e., investigation,
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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30809
administrative review, new shipper
review or changed circumstances
review). For any company subject to this
review, if the Department determined,
or continued to treat, that company as
collapsed with others, the Department
will assume that such companies
continue to operate in the same manner
and will collapse them for respondent
selection purposes. Otherwise, the
Department will not collapse companies
for purposes of respondent selection.
Parties are requested to (a) identify
which companies subject to review
previously were collapsed, and (b)
provide a citation to the proceeding in
which they were collapsed. Further, if
companies are requested to complete
the Quantity and Value (‘‘Q&V’’)
Questionnaire for purposes of
respondent selection, in general each
company must report volume and value
data separately for itself. Parties should
not include data for any other party,
even if they believe they should be
treated as a single entity with that other
party. If a company was collapsed with
another company or companies in the
most recently completed segment of this
proceeding where the Department
considered collapsing that entity,
complete Q&V data for that collapsed
entity must be submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that has requested a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that the Department
may extend this time if it is reasonable
to do so. In order to provide parties
additional certainty with respect to
when the Department will exercise its
discretion to extend this 90-day
deadline, interested parties are advised
that the Department does not intend to
extend the 90-day deadline unless the
requestor demonstrates that an
extraordinary circumstance has
prevented it from submitting a timely
withdrawal request. Determinations by
the Department to extend the 90-day
deadline will be made on a case-by-case
basis.
Separate Rates
In proceedings involving non-market
economy (‘‘NME’’) countries, the
Department begins with a rebuttable
presumption that all companies within
the country are subject to government
control and, thus, should be assigned a
single antidumping duty deposit rate. It
is the Department’s policy to assign all
exporters of merchandise subject to an
administrative review in an NME
E:\FR\FM\29MYN1.SGM
29MYN1
]]>Agencies
[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Notices]
[Pages 30808-30809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12495]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Manuel Homero Garces, Inmate --17865-
379, FCI Bastrop, Federal Correctional Institution, P.O. Box 1010,
Bastrop, TX 78602.
On February 6, 2013, in the U.S. District Court, Southern District
of Texas, Manuel Homero Garces (``Garces''), was convicted of violating
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp.
IV 2010)) (``AECA''). Specifically, Garces knowingly and willfully
exported and caused to be exported and attempted to export and
attempted to cause to be exported into the United Mexican States from
the United States of America a defense article, that is, to wit: one
Serbian AK-47, Model PAP M70, 7.62mm rifle, serial number ZAPAP003196,
which were designated as a defense article 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. Garces was sentenced to 46 months of imprisonment and two years
of supervised release, and penalized $100 as an assessment. Garces 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 8, 2013 (78 FR 49107 (August 12, 2013)), 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 Garces's conviction for violating the
AECA, and have provided notice and an opportunity for Garces to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from Garces.
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 Garces's export privileges under the Regulations
for a period of six years from the date of Garces's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Garces had an interest at the time of his
conviction.
Accordingly, it is hereby
Ordered
I. Until February 6, 2019, Manuel Homero Garces, with a last known
address at: Inmate -17865-379, FFCI Bastrop, Federal
Correctional Institution, P.O. Box 1010, Bastrop, TX 78602, and when
acting for or on behalf of Garces, 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 Garces 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.
[[Page 30809]]
IV. This Order is effective immediately and shall remain in effect
until February 6, 2019.
V. In accordance with Part 756 of the Regulations, Garces 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.
VI. A copy of this Order shall be delivered to the Garces. This
Order shall be published in the Federal Register.
Issued this 20th day of May, 2014.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2014-12495 Filed 5-28-14; 8:45 am]
BILLING CODE P
