Order Denying Export Privileges, 81731-81732 [2016-27780]
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Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices
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Dated: November 9, 2016.
Samuel H. Rikkers,
Administrator, Rural Business-Cooperative
Service.
[FR Doc. 2016–27734 Filed 11–17–16; 8:45 am]
BILLING CODE 3410–XY–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
mstockstill on DSK3G9T082PROD with NOTICES
In the Matter of: Luis Alberto NajeraCitalan, Inmate Number: 10656–279, FCI
Beaumont Low, Federal Correctional
Institution, P.O. Box 26020, Beaumont, TX
77720.
On June 9, 2015, in the U.S. District
Court for the Southern District of Texas,
Luis Alberto Najera-Citalan (‘‘NajeraCitalan’’), was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Specifically, Najera-Citalan
intentionally and knowingly conspired
to knowingly and willfully export,
attempt to export, and cause to be
exported to Mexico from the United
VerDate Sep<11>2014
20:21 Nov 17, 2016
Jkt 241001
States a defense article, that is, to wit:
approximately five (5) AR–15 style rifles
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. Najera-Citalan was
sentenced to 60 months in prison, 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.
BIS has received notice of NajeraCitalan’s conviction for violating the
AECA, and has provided notice and an
opportunity for Najera-Citalan to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Najera-Citalan.
Based upon my review and
consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2016). 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 4, 2016 (81 FR 52,587 (Aug.
8, 2016)), 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 00013
Fmt 4703
Sfmt 4703
81731
I have decided to deny Najera-Citalan’s
export privileges under the Regulations
for a period of 10 years from the date of
Najera-Citalan’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Najera-Citalan had an interest at
the time of his conviction.
Accordingly, it is hereby Ordered:
First, from the date of this Order until
June 9, 2025, Luis Alberto NajeraCitalan, with a last known address of
Inmate Number: 10656–279, FCI
Beaumont Low, Federal Correctional
Institution, P.O. Box 26020, Beaumont,
TX 77720, 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;
E:\FR\FM\18NON1.SGM
18NON1
81732
Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices
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 Najera-Citalan 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, Najera-Citalan 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 Najera-Citalan. This
Order shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until June 9, 2025.
Dated: November 9, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016–27780 Filed 11–17–16; 8:45 am]
BILLING CODE P
Arms Export Control Act (22 U.S.C.
2778 (2012)) (‘‘AECA’’). Specifically,
Santana knowingly and willfully
attempted to export and caused to be
exported from the United States to
Mexico a defense article, that is, a .357
caliber magazine, two (2) 9mm
magazines, a Smith & Wesson .40
caliber magazine, approximately 5,440
rounds of 7.62 caliber ammunition, 200
rounds of .40 caliber ammunition, and
400 rounds of .38 super caliber
ammunition, which were designed 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. Santana
was sentenced to 66 months in prison,
three years of supervised release, 100
hours of community service, 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.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
mstockstill on DSK3G9T082PROD with NOTICES
Order Denying Export Privileges
In the Matter of: Jorge Santana, Jr., Inmate
Number: 00927–180, FCI Beaumont Low,
Federal Correctional Institution, P.O. Box
26020, Beaumont, TX 77720.
On May 5, 2014, in the U.S. District
Court for the Southern District of Texas,
Jorge Santana, Jr. (‘‘Santana’’), was
convicted of violating Section 38 of the
VerDate Sep<11>2014
20:21 Nov 17, 2016
Jkt 241001
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2016). 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 4, 2016 (81 FR 52,587 (Aug.
8, 2016)), 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 00014
Fmt 4703
Sfmt 4703
BIS has received notice of Santana’s
conviction for violating the AECA, and
has provided notice and an opportunity
for Santana to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. BIS
has not received a submission from
Santana.
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 Santana’s export
privileges under the Regulations for a
period of 10 years from the date of
Santana’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Santana had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
May 5, 2024, Jorge Santana, Jr., with a
last known address of Inmate Number:
00927–180, FCI Beaumont Low, Federal
Correctional Institution, P.O. Box 26020,
Beaumont, TX 77720, 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
E:\FR\FM\18NON1.SGM
18NON1
]]>Agencies
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81731-81732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27780]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Luis Alberto Najera-Citalan, Inmate Number:
10656-279, FCI Beaumont Low, Federal Correctional Institution, P.O.
Box 26020, Beaumont, TX 77720.
On June 9, 2015, in the U.S. District Court for the Southern
District of Texas, Luis Alberto Najera-Citalan (``Najera-Citalan''),
was convicted of violating Section 38 of the Arms Export Control Act
(22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Najera-Citalan
intentionally and knowingly conspired to knowingly and willfully
export, attempt to export, and cause to be exported to Mexico from the
United States a defense article, that is, to wit: approximately five
(5) AR-15 style rifles 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. Najera-Citalan was sentenced to 60 months in prison,
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 (2016). 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 4, 2016 (81 FR 52,587
(Aug. 8, 2016)), 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 Najera-Citalan's conviction for
violating the AECA, and has provided notice and an opportunity for
Najera-Citalan to make a written submission to BIS, as provided in
Section 766.25 of the Regulations. BIS has not received a submission
from Najera-Citalan.
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 Najera-Citalan's export privileges under the
Regulations for a period of 10 years from the date of Najera-Citalan's
conviction. I have also decided to revoke all licenses issued pursuant
to the Act or Regulations in which Najera-Citalan had an interest at
the time of his conviction.
Accordingly, it is hereby Ordered:
First, from the date of this Order until June 9, 2025, Luis Alberto
Najera-Citalan, with a last known address of Inmate Number: 10656-279,
FCI Beaumont Low, Federal Correctional Institution, P.O. Box 26020,
Beaumont, TX 77720, 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;
[[Page 81732]]
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 Najera-Citalan 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, Najera-
Citalan 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 Najera-
Citalan. This Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until June 9, 2025.
Dated: November 9, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-27780 Filed 11-17-16; 8:45 am]
BILLING CODE P
