Order Denying Export Privileges, 81732-81733 [2016-27784]
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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
mstockstill on DSK3G9T082PROD with NOTICES
Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices
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 Santana 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, Santana 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 Santana. This Order
shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until May 5, 2024.
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: Bureau of Industry and
Security.
Title: Foreign Availability Procedures.
Form Number(s): N/A.
OMB Control Number: 0694–0004.
Type of Request: Regular.
Burden Hours: 510.
Number of Respondents: 2.
Average Hours Per Response: 255.
Needs and Uses: This information is
collected in order to respond to requests
by Congress and industry to make
foreign availability determinations in
accordance with Section 768 of the
Export Administration Regulations.
Exporters are urged to voluntarily
submit data to support the contention
that items controlled for export for
national security reasons are availablein-fact, from a non-U.S. source, in
sufficient quantity and of comparable
quality so as to render the control
ineffective.
Affected Public: Businesses and other
for-profit institutions.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Jasmeet Seehra,
FAX number (202) 395–7285.
Copies of the above information
collection proposal can be obtained by
calling or writing Jennifer Jessup,
Departmental Paperwork Clearance
Officer, (202) 482–0266, Department of
Commerce, Room 7845, 14th and
Constitution Avenue NW., Washington,
DC 20230 (or via the Internet at
dHynek@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to Jasmeet Seehra, Office of
Management and Budget (OMB), by
email to jseehra@omb.eop.gov, or by fax
to (202) 395–7285.
Issued this 9th day of November, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
Sheleen Dumas,
PRA Departmental Lead, Office of the Chief
Information Officer.
[FR Doc. 2016–27784 Filed 11–17–16; 8:45 am]
[FR Doc. 2016–27823 Filed 11–17–16; 8:45 am]
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BILLING CODE 3510–33–P
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20:21 Nov 17, 2016
Jkt 241001
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
Submission for OMB Review;
Comment Request
81733
Bureau of Industry and Security
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Order Denying Export Privileges
In the Matter of: Hassan Jamil Salame, Inmate
Number: 40903–039, FCI Elkton, Federal
Correctional Institution, P.O. Box 10,
Lisbon, OH 44432
On November 3, 2015, in the U.S.
District Court for the District of South
Carolina, Hassan Jamil Salame
(‘‘Salame’’), was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Specifically, Salame knowingly and
willfully attempted to export and
caused to be exported, defense articles,
that is, firearms and ammunition,
including a Ruger .44 Magnum revolver,
two Bushmaster .223 caliber rifles, a
Ruger .45 caliber pistol, a Glock .45
caliber pistol, and a Beretta 9mm pistol
from the United States to Lebanon,
without first having obtained a license
or written approval from the United
States Department of State. Salame was
sentenced to 45 months in prison, three
years of supervised release, and a $300
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
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 52587 (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)).
E:\FR\FM\18NON1.SGM
18NON1
]]>Agencies
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81732-81733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27784]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
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 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.
---------------------------------------------------------------------------
\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 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
[[Page 81733]]
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 Santana 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, Santana 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 Santana. This
Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until May 5, 2024.
Issued this 9th day of November, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-27784 Filed 11-17-16; 8:45 am]
BILLING CODE P
