Order Denying Export Privileges; In the Matter of: Demetrio Cortez-Salgado, 317 South G Street, #102, Madera, CA 93637, 59474-59475 [2014-23459]

Download as PDF 59474 Federal Register / Vol. 79, No. 191 / Thursday, October 2, 2014 / Notices casings of iron or non-alloy steel; threaded or coupled casings of other alloy steel; non-threaded or noncoupled casings of other alloy steel; tubing of iron or non-alloy steel; tubing and casing of other alloy steel; and, tubing and casing of other alloy steel used in heat exchangers or refining furnaces (duty-free) 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: Billets (round bars-alloy/steel); non-alloy round steel bars; couplings; plastic protectors and caps; thread compounds; corrosion inhibitors; solvents; thinners; non-threaded and non-coupled casings of iron or non-alloy steel; non-threaded and non-coupled casings of other alloy steel; tubing of iron or non-alloy steel; and, tubing of other alloy steel (duty rate ranges from duty-free to 6.5%). 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 November 12, 2014. 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: September 28, 2104. Andrew McGilvray, Executive Secretary. [FR Doc. 2014–23547 Filed 10–1–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security tkelley on DSK3SPTVN1PROD with NOTICES Order Denying Export Privileges; In the Matter of: Demetrio Cortez-Salgado, 317 South G Street, #102, Madera, CA 93637 On September 11, 2013, in the U.S. District Court, Eastern District of California, Demetrio Cortez-Salgado (‘‘Salgado’’), was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Specifically, Cortez-Salgado knowingly and willfully exported and caused to be VerDate Sep<11>2014 17:04 Oct 01, 2014 Jkt 235001 exported and attempted to export and attempted to cause to be exported from the United States to Mexico caliber rifles, defense articles which were 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. Cortez-Salgado was sentenced to 24 months imprisonment, 36 months of supervised release and a $100 assessment. Cortez-Salgado was released from prison on November 15, 2013. Cortez-Salgado 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 CortezSalgado’s conviction for violating the AECA, and have provided notice and an opportunity for Cortez-Salgado to make a written submission to BIS, as provided in Section 766.25 of the Regulations. I have not received a submission from Cortez-Salgado. 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2014). 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 7, 2014 (79 FR 46959 (August 11, 2014)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)). PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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 Cortez-Salgado’s export privileges under the Regulations for a period of 10 years from the date of Cortez-Salgado’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Cortez-Salgado had an interest at the time of his conviction. Accordingly, it is hereby ORDERED I. Until September 11, 2023, Demetrio Cortez-Salgado, with a last known address at: 317 South G Street, #102, Madera, CA 93637, and when acting for or on behalf of Cortez-Salgado, 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 E:\FR\FM\02OCN1.SGM 02OCN1 Federal Register / Vol. 79, No. 191 / Thursday, October 2, 2014 / Notices 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 Cortez-Salgado 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 is effective immediately and shall remain in effect until September 11, 2023. V. In accordance with part 756 of the Regulations, Cortez-Salgado 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 Cortez-Salgado. This Order shall be published in the Federal Register. Issued this day of September 25, 2014. Karen H. Nies-Vogel, Acting Director, Office of Exporter Services. [FR Doc. 2014–23459 Filed 10–1–14; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration tkelley on DSK3SPTVN1PROD with NOTICES [A–427–818] Low Enriched Uranium From France: Preliminary Results of Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: VerDate Sep<11>2014 17:04 Oct 01, 2014 Jkt 235001 Pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 and 351.221(c)(3), the Department of Commerce (Department) is conducting a changed circumstances review (CCR) of the antidumping duty (AD) order on low-enriched uranium (LEU) from France with respect to Global Nuclear Fuel—Americas, LLC (GNF–A). The Department preliminarily determines that changed circumstances exist which have affected the ability of GNF–A to manage its inventory and re-exports of LEU in compliance with the AD order. Furthermore, we preliminarily determine that these changed circumstances warrant: (1) authorizing GNF–A to make certain entries of LEU from France under the provision in the scope that excludes LEU from the AD order when it enters solely for purposes of fabrication into fuel rods and reexportation to a third country customer; and (2) determining that certain entries of LEU by GNF–A have satisfied the conditions for exclusion from the AD order. We invite interested parties to comment on these preliminary results. DATES: Effective Date: October 2, 2014. FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4261. SUPPLEMENTARY INFORMATION: SUMMARY: Background On February 13, 2002, the Department published an AD order on LEU from France.1 The scope of the order contains a provision to exclude from the scope LEU owned by a: foreign utility end-user and imported into the United States by or for such end-user solely for purposes of conversion by a U.S. fabricator into uranium dioxide (UO2) and/or fabrication into fuel assemblies so long as the uranium dioxide and/or fuel assemblies deemed to incorporate such imported LEU (i) remain in the possession and control of the U.S. fabricator, the foreign end-user, or their designed transporter(s) while in U.S. customs territory, and (ii) are re-exported within eighteen (18) months of entry of the LEU for consumption by the end-user in a nuclear reactor outside the United States. Such entries must be accompanied by the certifications of the importer and end user.2 On December 23, 2013, GNF–A submitted a request that the Department 1 See Notice of Amended Final Determination and Notice of Antidumping Duty Order: Low Enriched Uranium From France, 67 FR 6680 (February 13, 2002). 2 Id. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 59475 initiate a CCR to determine that changed circumstances (the Tohoku earthquake and other external events in Japan) exist which have affected GNF–A’s ability to manage its inventory and comply with the 18-month re-export provision of the scope. GNF–A further requested that this review be conducted on an expedited basis, combining the initiation and preliminary results in a single notice. On February 7, 2014, the Department published the initiation of the CCR on a non-expedited basis.3 Scope of the Order The product covered by the order is all low-enriched uranium. Lowenriched uranium is enriched uranium hexafluoride (UF6) with a U235 product assay of less than 20 percent that has not been converted into another chemical form, such as UO2, or fabricated into nuclear fuel assemblies, regardless of the means by which the LEU is produced (including lowenriched uranium produced through the down-blending of highly enriched uranium). Certain merchandise is outside the scope of the order. Specifically, the order does not cover enriched uranium hexafluoride with a U235 assay of 20 percent or greater, also known as highlyenriched uranium. In addition, fabricated low-enriched uranium is not covered by the scope of the order. For purposes of the order, fabricated uranium is defined as enriched uranium dioxide (UO2), whether or not contained in nuclear fuel rods or assemblies. Natural uranium concentrates (U3O8) with a U235 concentration of no greater than 0.711 percent and natural uranium concentrates converted into uranium hexafluoride with a U235 concentration of no greater than 0.711 percent are not covered by the scope of the order. Also excluded from the order is lowenriched uranium owned by a foreign utility end-user and imported into the United States by or for such end-user solely for purposes of conversion by a U.S. fabricator into uranium dioxide (UO2) and/or fabrication into fuel assemblies so long as the uranium dioxide and/or fuel assemblies deemed to incorporate such imported lowenriched uranium (i) remain in the possession and control of the U.S. fabricator, the foreign end-user, or their designed transporter(s) while in U.S. customs territory, and (ii) are reexported within eighteen (18) months of entry of the low-enriched uranium for consumption by the end-user in a 3 See Low Enriched Uranium From France: Initiation of Changed Circumstances Review, 79 FR 7462 (February 7, 2014). E:\FR\FM\02OCN1.SGM 02OCN1

Agencies

[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Notices]
[Pages 59474-59475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23459]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges; In the Matter of: Demetrio 
Cortez-Salgado, 317 South G Street, 102, Madera, CA 93637

    On September 11, 2013, in the U.S. District Court, Eastern District 
of California, Demetrio Cortez-Salgado (``Salgado''), was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Specifically, Cortez-Salgado knowingly and 
willfully exported and caused to be exported and attempted to export 
and attempted to cause to be exported from the United States to Mexico 
caliber rifles, defense articles which were 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. Cortez-Salgado was sentenced to 24 months imprisonment, 36 
months of supervised release and a $100 assessment. Cortez-Salgado was 
released from prison on November 15, 2013. Cortez-Salgado 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 (2014). 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 7, 2014 (79 FR 46959 (August 11, 2014)), 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 Cortez-Salgado's conviction for violating 
the AECA, and have provided notice and an opportunity for Cortez-
Salgado to make a written submission to BIS, as provided in Section 
766.25 of the Regulations. I have not received a submission from 
Cortez-Salgado.
    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 Cortez-Salgado's export privileges under the 
Regulations for a period of 10 years from the date of Cortez-Salgado's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Cortez-Salgado had an interest at 
the time of his conviction.
    Accordingly, it is hereby
    ORDERED
    I. Until September 11, 2023, Demetrio Cortez-Salgado, with a last 
known address at: 317 South G Street, 102, Madera, CA 93637, 
and when acting for or on behalf of Cortez-Salgado, 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

[[Page 59475]]

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 Cortez-Salgado 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 is effective immediately and shall remain in effect 
until September 11, 2023.
    V. In accordance with part 756 of the Regulations, Cortez-Salgado 
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 Cortez-Salgado. 
This Order shall be published in the Federal Register.

    Issued this day of September 25, 2014.
Karen H. Nies-Vogel,
Acting Director, Office of Exporter Services.
[FR Doc. 2014-23459 Filed 10-1-14; 8:45 am]
BILLING CODE P

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