Order Denying Export Privileges, 81737-81738 [2016-27785]
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Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices
self-disclosure of EAR violations
strengthens BIS’s enforcement efforts by
allowing BIS to conduct investigations
of the disclosed incidents faster than
would be the case if BIS had to detect
the violations without such disclosures.
BIS evaluates the seriousness of the
violation and either (1) Informs the
person making the is closure that no
action is warranted; (2) issues a warning
letter; (3) issues a proposed charging
letter and attempts to settle the matter;
(4) issues a charging letter if settlement
is not reached; and/or (5) refers the
matter to the U.S. Department of Justice
for criminal prosecution.
II. Method of Collection
Submitted on paper.
III. Data
OMB Control Number: 0694–0058.
Form Number(s): N/A.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
388.
Estimated Time per Response: 10
hours.
Estimated Total Annual Burden
Hours: 3880.
Estimated Total Annual Cost to
Public: $194,000.
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IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
PRA Departmental Lead, Office of the Chief
Information Officer.
[FR Doc. 2016–27824 Filed 11–17–16; 8:45 am]
BILLING CODE 3510–33–P
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Julio Cesar Solis-Castilleja,
Inmate Number: 56152–379, FCI Victorville
Medium I, Federal Correctional Institution,
Correctional Institution, P.O. Box 3725,
Adelanto, CA 92301.
On June 30, 2014, in the U.S. District
Court for the Southern District of Texas,
Julio Cesar Solis-Castilleja (‘‘SolisCastilleja’’), was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Specifically, Solis-Castilleja knowingly
and willfully attempted to export and
caused to be exported from the United
States to Mexico a defense article, that
is, a Norinco MAK 90 Sporter 7.62 ×
39mm caliber rifle, a Bushmaster .308
caliber rifle, a DPMS Panther .308
caliber rifle, a FN Herstal .308 caliber
rifle, a PTR 91C .308 caliber rifle, four
(4) 7.62 × 51mm magazines, and one (1)
7.62 × 39mm magazine, which were
designated as a defense article on the
United States Munitions List, without
having first obtained from the
Department of State a license for such
export or written authorization for such
export. Solis-Castilleja was sentenced to
46 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
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)).
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81737
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 SolisCastilleja’s conviction for violating the
AECA, and has provided notice and an
opportunity for Solis-Castilleja to make
a written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Solis-Castilleja.
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 Solis-Castilleja’s
export privileges under the Regulations
for a period of 10 years from the date of
Solis-Castilleja’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Solis-Castilleja had an interest at
the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
June 30, 2024, Julio Cesar SolisCastilleja, with a last known address of
Inmate Number: 56152–379, FCI
Victorville Medium I, Federal
Correctional Institution, P.O. Box 3725,
Adelanto,CA 92301, 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
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81738
Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices
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 Solis-Castilleja
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, Solis-Castilleja 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.
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Fifth, a copy of this Order shall be
delivered to the Solis-Castilleja. This
Order shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until June 30, 2024.
Preliminary Results. We received no
comments. The Department conducted
these reviews in accordance with
section 751(a)(2) of the Tariff Act of
1930, as amended (the Act).
Issued this 9th day of November, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
The merchandise subject to the order
is solid urea, a high-nitrogen content
fertilizer which is produced by reacting
ammonia with carbon dioxide. The
product is currently classified under the
Harmonized Tariff Schedules of the
United States (HTSUS) item number
3102.10.0010. Previously such
merchandise was classified under item
number 480.3000 and 3102.10.0000 of
the HTSUS. Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the merchandise subject
to the order is dispositive.
[FR Doc. 2016–27785 Filed 11–17–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–801]
Solid Urea From Russia: Final Results
of Antidumping Duty Administrative
and New Shipper Reviews; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 12, 2016, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review and
new shipper review of the antidumping
duty order on solid urea from Russia.
The period of review (POR) is July 1,
2014, through June 30, 2015. For the
final results of these reviews, we
continue to find that subject
merchandise has not been sold at less
than normal value.
DATES: Effective November 18, 2016.
FOR FURTHER INFORMATION CONTACT:
Michael A. Romani or Andre Gziryan,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–0198,
and (202) 482–2201, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 12, 2016, the Department
published the Preliminary Results of the
administrative review and new shipper
review of the antidumping duty order
on solid urea from Russia.1 The
administrative review covers MCC
EuroChem; the new shipper review
covers Joint Stock Company PhosAgroCherepovets (PhosAgro). The
Department gave interested parties an
opportunity to comment on the
1 See Solid Urea from the Russian Federation:
Preliminary Results of Antidumping Duty
Administrative and New Shipper Reviews and
Rescission of Administrative Review, in Part; 2014–
2015, 81 FR 53414 (August 12, 2016) (Preliminary
Results).
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Scope of the Order
Final Results of the Administrative
Review
The Department made no changes to
its calculations announced in the
Preliminary Results. As a result of this
administrative review, we determine
that an estimated weighted-average
dumping margin of 0.00 percent exists
for MCC EuroChem for the period July
1, 2014, through June 30, 2015.
Final Results of the New Shipper
Review
The Department made no changes to
its calculations announced in the
Preliminary Results. As a result of this
new shipper review, we determine that
an estimated weighted-average dumping
margin of 0.00 percent exists for
merchandise produced and exported by
PhosAgro for the period July 1, 2014,
through June 30, 2015.
Assessment
In accordance with 19 CFR 351.212
and the Final Modification,2 the
Department will instruct U.S. Customs
and Border Protection (CBP) to liquidate
all appropriate entries for MCC
EuroChem and PhosAgro without regard
to antidumping duties.
For entries of subject merchandise
during the period of review produced by
MCC EuroChem and PhosAgro for
which they did not know their
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
2 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification).
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]]>Agencies
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81737-81738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27785]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Julio Cesar Solis-Castilleja, Inmate Number:
56152-379, FCI Victorville Medium I, Federal Correctional
Institution, Correctional Institution, P.O. Box 3725, Adelanto, CA
92301.
On June 30, 2014, in the U.S. District Court for the Southern
District of Texas, Julio Cesar Solis-Castilleja (``Solis-Castilleja''),
was convicted of violating Section 38 of the Arms Export Control Act
(22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Solis-Castilleja
knowingly and willfully attempted to export and caused to be exported
from the United States to Mexico a defense article, that is, a Norinco
MAK 90 Sporter 7.62 x 39mm caliber rifle, a Bushmaster .308 caliber
rifle, a DPMS Panther .308 caliber rifle, a FN Herstal .308 caliber
rifle, a PTR 91C .308 caliber rifle, four (4) 7.62 x 51mm magazines,
and one (1) 7.62 x 39mm magazine, which were designated as a defense
article on the United States Munitions List, without having first
obtained from the Department of State a license for such export or
written authorization for such export. Solis-Castilleja was sentenced
to 46 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 Solis-Castilleja's conviction for
violating the AECA, and has provided notice and an opportunity for
Solis-Castilleja to make a written submission to BIS, as provided in
Section 766.25 of the Regulations. BIS has not received a submission
from Solis-Castilleja.
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 Solis-Castilleja's export privileges under the
Regulations for a period of 10 years from the date of Solis-
Castilleja's conviction. I have also decided to revoke all licenses
issued pursuant to the Act or Regulations in which Solis-Castilleja had
an interest at the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until June 30, 2024, Julio Cesar
Solis-Castilleja, with a last known address of Inmate Number: 56152-
379, FCI Victorville Medium I, Federal Correctional Institution, P.O.
Box 3725, Adelanto,CA 92301, 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
[[Page 81738]]
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 Solis-Castilleja 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, Solis-
Castilleja 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 Solis-
Castilleja. This Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until June 30, 2024.
Issued this 9th day of November, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-27785 Filed 11-17-16; 8:45 am]
BILLING CODE P
