In the Matter of: Ismael Reta, Register Number: 78795-379, Federal Correctional Institution, P.O. Box 4200, Three Rivers, TX 78071; Order Denying Export Privileges, 40658-40659 [2016-14745]
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40658
Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Ismael Reta, Register
Number: 78795–379, Federal
Correctional Institution, P.O. Box 4200,
Three Rivers, TX 78071; Order Denying
Export Privileges
mstockstill on DSK3G9T082PROD with NOTICES
On June 15, 2015, in the U.S. District
Court for the Southern District of Texas,
Ismael Reta (‘‘Reta’’), was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2012))
(‘‘AECA’’). Specifically, Reta
intentionally and knowingly conspired
and agreed together with other person or
persons known and unknown to the
Grand Jurors, to knowingly and
willfully export, attempt to export, and
cause to be exported into Mexico from
the United States defense article, that is,
to-wit: a Colt, Model M4, 5.56mm rifle;
a Romarm, Model WASR–10,
7.62x39mm rifle; a Berretta, Model
92FS, 9mm pistol, two hundred sixtytwo (262) rounds of 5.56mm
ammunition; and fifty (50) rounds of
7.62x39mm 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. Reta was sentenced 37 months
of imprisonment, three years of
supervised release, and a $100
assessment.
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
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2015). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. 4601–4623
(Supp. III 2015) (available at https://
uscode.house.gov)). Since August 21, 2001, the Act
has been in lapse and the President, through
Executive Order 13222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), which has been extended
by successive Presidential Notices, the most recent
being that of August 7, 2015 (80 FR 48,233 (Aug.
11, 2015)), 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 Sep<11>2014
20:02 Jun 21, 2016
Jkt 238001
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. 4610(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. 4610(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.
BIS has received notice of Reta’s
conviction for violating the AECA, and
has provided notice and an opportunity
for Reta to make a written submission to
BIS, as provided in Section 766.25 of
the Regulations. BIS has not received a
submission from Reta.
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 Reta’s export
privileges under the Regulations for a
period of 10 years from the date of
Reta’s conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which Reta
had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
June 15, 2025, Ismael Reta, with a last
known address of Register Number:
78795–379, Federal Correctional
Institution, P.O. Box 4200, Three Rivers,
TX 78071, and when acting for or on his
behalf, his successors, assigns,
employees, agents or representatives
(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
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
Second, 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.
Third, 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 Reta by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Reta 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.
Fifth, a copy of this Order shall be
delivered to the Reta. This Order shall
be published in the Federal Register.
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Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices
Sixth, this Order is effective
immediately and shall remain in effect
until June 15, 2025.
Issued this 15 day of June 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016–14745 Filed 6–21–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818; C–475–819]
Certain Pasta From Italy: Initiation and
Preliminary Results of Antidumping
and Countervailing Duty Changed
Circumstances Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is self-initiating a
changed circumstances review of the
antidumping (AD) and countervailing
(CVD) orders on certain pasta from
Italy 1 (1) in furtherance of the purpose
of the International Trade Data System
(ITDS) initiative and U.S. Customs and
Border Protection’s (CBP) efforts to
modernize the electronic submission of
import documents using the Automated
Commercial Environment (ACE), and (2)
to align across the AD/CVD Italy Pasta
Orders the scope language regarding
certifications accompanying imports of
organic pasta. Specifically, in
conjunction with this initiation, the
Department preliminarily determines to
convert the certification submission
requirement to a record-keeping
requirement, to authorize electronic
submission of the certification, to
update the scope language relating to
the organic pasta exclusion, and to align
the certification language across the AD/
CVD Italy Pasta Orders. Interested
parties are invited to comment on these
preliminary results.
DATES: Effective Date: June 22, 2016.
FOR FURTHER INFORMATION CONTACT:
Jennifer Meek, Office I for AD/CVD
Operations, at (202) 482–2778; George
McMahon, Office III for AD/CVD
Operations, at (202) 482–1167; or Sam
Zengotitabengoa, Customs Liaison Unit
for AD/CVD Operations, at (202) 482–
4195, AD/CVD Operations, Enforcement
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY:
1 See Notice of Antidumping Duty Order and
Amended Final Determination of Sales at Less
Than Fair Value: Certain Pasta From Italy, 61 FR
38547 (July 24, 1996); and Notice of Countervailing
Duty Order and Amended Final Affirmative
Countervailing Duty Determination: Certain Pasta
(‘‘Pasta’’) From Italy, 61 FR 38544 (July 24, 1996)
(collectively, AD/CVD Italy Pasta Orders).
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20:02 Jun 21, 2016
Jkt 238001
& Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The ITDS is an electronic trade data
interchange system authorized pursuant
to section 405 of the Security and
Accountability for Every (SAFE) Port
Act of 2006, Public Law 109–347. The
purpose of ITDS, as defined by Section
405 of the SAFE Port Act of 2006, ‘‘is
to eliminate redundant information
requirements, to efficiently regulate the
flow of commerce, and to effectively
enforce laws and regulations relating to
international trade, by establishing a
single portal system, operated by the
United States Customs and Border
Protection, for the collection and
distribution of standard electronic
import and export data required by all
participating Federal agencies.’’ On
October 13, 2015, CBP issued an interim
final rule to amend its regulations to
provide that, as of November 1, 2015,
ACE is a CBP-authorized Electronic Data
Interchange System which may be used
for the filing of entries and entry
summaries.2
Scope of the AD/CVD Italy Pasta Orders
On July 24, 1996, the Department
published the notice of the AD/CVD
Italy Pasta Orders in the Federal
Register with nearly identical language
regarding the scope of the orders.3 In
particular, the scope language covered:
Certain non-egg dry pasta in packages of
five pounds (or 2.27 kilograms) or less,
whether or not enriched or fortified or
containing milk or other optional ingredients
such as chopped vegetables, vegetable
purees, milk, gluten, diastases, vitamins,
coloring and flavorings, and up to two
percent egg white. The pasta covered by this
scope is typically sold in the retail market,
in fiberboard or cardboard cartons or
polyethylene or polypropylene bags, of
varying dimensions.
Excluded from the scope of this order are
refrigerated, frozen, or canned pastas, as well
as all forms of egg pasta, with the exception
of non-egg dry pasta containing up to two
percent egg white. Also excluded are imports
of organic pasta from Italy that are
accompanied by the appropriate certificate
issued by the Associazione Marchigiana
2 See Automated Commercial Environment (ACE)
Filings for Electronic Entry/Entry Summary (Cargo
Release and Related Entry), 80 FR 61278 (October
13, 2015) (Interim Final Rule); and Notice
Announcing the Automated Commercial
Environment (ACE) as the Sole CBP-Authorized
Electronic Data Interchange (EDI) System for
Processing Certain Electronic Entry and Entry
Summary Filings, 81 FR 10264 (February 29, 2016)
(General Notice).
3 See AD/CVD Italy Pasta Orders.
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Fmt 4703
Sfmt 4703
40659
Agricultura Biologica (AMAB) or by
Bioagricoop scrl.
On July 9, 1996, after the date of our final
antidumping duty determination, Euro-USA
Trading Co., Inc., of Pawcatuck, CT,
submitted materials to the Department
supporting its request for an exclusion for
pasta certified to be ‘‘organic pasta.’’ Among
the documents submitted are a decree from
the Italian Ministry of Agriculture and
Forestry authorizing Bioagricoop scrl to
certify foodstuffs as organic for the
implementation of EEC Regulation 2029/91.
Also submitted is a letter (with an
accompanying translation into English) from
the Director of Controls of Processing and
Marketing Firms at Bioagricoop stating that
the organization will take responsibility for
its organic pasta certificates and will supply
the necessary documentation to U.S.
authorities. On this basis, imports of organic
pasta from Italy that are accompanied by the
appropriate certificate issued by Bioagricoop
scrl are excluded from the scope of this
order.4
The merchandise under order is currently
classifiable under items 1902.19.20 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Although the HTSUS
subheadings are provided for convenience
and customs purposes, our written
description of the scope of this investigation
is dispositive.
As noted in the language comprising
the scope of the orders, our written
description of the scope of the orders is
dispositive. However, the notices
published in connection with
subsequent administrative reviews of
the orders have contained minor
differences in language regarding the
identification of the authority that
issues the organic certifications.
Specifically, the most recent published
final results in the CVD proceeding 5
states, with regard to this exclusion and
certification for organic pasta, ‘‘{a}lso
excluded are imports of organic pasta
from Italy that are accompanied by the
appropriate certificate issued by the
Instituto Mediterraneo Di Certificzione,
by QC&I International Services, by
Ecocert Italia, by Consorzio per il
Controllo dei Prodotti Biologici, by
Associazion Italiana per l’Agricoltra
Biologica, or by Ambientale.’’ By
comparison, the most recent published
final results in the AD proceeding 6
4 Note that a modified version of this paragraph
has appeared in the scope description in all
subsequent administrative reviews, which has no
material impact on the scope’s coverage.
5 See Certain Pasta From Italy: Final Results of
Countervailing Duty Administrative Review; 2012,
80 FR 11172 (March 2, 2015), and accompanying
Issues and Decision Memorandum at ‘‘Scope of the
Order.’’
6 Certain Pasta From Italy: Final Results of
Antidumping Duty Administrative Review; 2012–
2013, 80 FR 8604 (February 18, 2015), and
accompanying Issues and Decision Memorandum at
‘‘Scope of the Order.’’
E:\FR\FM\22JNN1.SGM
22JNN1
]]>Agencies
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40658-40659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14745]
[[Page 40658]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Ismael Reta, Register Number: 78795-379,
Federal Correctional Institution, P.O. Box 4200, Three Rivers, TX
78071; Order Denying Export Privileges
On June 15, 2015, in the U.S. District Court for the Southern
District of Texas, Ismael Reta (``Reta''), was convicted of violating
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012))
(``AECA''). Specifically, Reta intentionally and knowingly conspired
and agreed together with other person or persons known and unknown to
the Grand Jurors, to knowingly and willfully export, attempt to export,
and cause to be exported into Mexico from the United States defense
article, that is, to-wit: a Colt, Model M4, 5.56mm rifle; a Romarm,
Model WASR-10, 7.62x39mm rifle; a Berretta, Model 92FS, 9mm pistol, two
hundred sixty-two (262) rounds of 5.56mm ammunition; and fifty (50)
rounds of 7.62x39mm 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. Reta was sentenced 37 months of
imprisonment, three years of supervised release, and a $100 assessment.
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. 4610(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.
4610(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 (2015). The Regulations
issued pursuant to the Export Administration Act (50 U.S.C. 4601-
4623 (Supp. III 2015) (available at https://uscode.house.gov)). Since
August 21, 2001, the Act has been in lapse and the President,
through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp.
783 (2002)), which has been extended by successive Presidential
Notices, the most recent being that of August 7, 2015 (80 FR 48,233
(Aug. 11, 2015)), has continued the Regulations in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.
(2006 & Supp. IV 2010)).
---------------------------------------------------------------------------
BIS has received notice of Reta's conviction for violating the
AECA, and has provided notice and an opportunity for Reta to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has not received a submission from Reta.
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 Reta's export privileges under the Regulations for
a period of 10 years from the date of Reta's conviction. I have also
decided to revoke all licenses issued pursuant to the Act or
Regulations in which Reta had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until June 15, 2025, Ismael
Reta, with a last known address of Register Number: 78795-379, Federal
Correctional Institution, P.O. Box 4200, Three Rivers, TX 78071, and
when acting for or on his behalf, his successors, assigns, employees,
agents or representatives (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.
Second, 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.
Third, 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 Reta by ownership, control,
position of responsibility, affiliation, or other connection in the
conduct of trade or business may also be made subject to the provisions
of this Order in order to prevent evasion of this Order.
Fourth, in accordance with Part 756 of the Regulations, Reta 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.
Fifth, a copy of this Order shall be delivered to the Reta. This
Order shall be published in the Federal Register.
[[Page 40659]]
Sixth, this Order is effective immediately and shall remain in
effect until June 15, 2025.
Issued this 15 day of June 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-14745 Filed 6-21-16; 8:45 am]
BILLING CODE P
