Order Denying Export Privileges, 81735-81736 [2016-27786]
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mstockstill on DSK3G9T082PROD with NOTICES
Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices
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 MirandaMendoza’s conviction for violating the
AECA, and has provided notice and an
opportunity for Miranda-Mendoza to
make a written submission to BIS, as
provided in Section 766.25 of the
Regulations. BIS has not received a
submission from Miranda-Mendoza.
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 MirandaMendoza’s export privileges under the
Regulations for a period of 10 years from
the date of Miranda-Mendoza’s
conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which
Miranda-Mendoza had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
August 25, 2025, Daniel MirandaMendoza, with a last known address of
Inmate Number: 73420–379, Great
Plains, Correctional Institution, P.O.
Box 400, Hinton, OK 73047, 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
VerDate Sep<11>2014
20:21 Nov 17, 2016
Jkt 241001
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 MirandaMendoza 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, Miranda-Mendoza may
file an appeal of this Order with the
Under Secretary of Commerce for
Industry and Security. The appeal must
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
81735
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 Miranda-Mendoza. This
Order shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until August 25, 2025.
Issued this l9lld day of ll
Novemberllll, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016–27787 Filed 11–17–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Javier Nenos Rea, Inmate
Number: 06713–104, D. Ray James,
Correctional Institution, P.O. Box 2000,
Folkston, GA 31537
On January 13, 2015, in the U.S.
District Court for the Southern District
of Florida, Javier Nenos Rea (‘‘Nenos
Rea’’), was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Specifically, Nenos Rea knowingly and
willfully attempted to export defense
articles, that is, AK–47 assault rifles and
a .40 caliber semi-automatic pistol, from
the United States to Bolivia without
having first obtained a license or written
approval from the United States
Department of State. Nenos Rea was
sentenced to 46 months in prison, two
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,
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
mstockstill on DSK3G9T082PROD with NOTICES
81736
Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices
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 Nenos
Rea’s conviction for violating the AECA,
and has provided notice and an
opportunity for Nenos Rea to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Nenos Rea.
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 Nenos Rea’s
export privileges under the Regulations
for a period of 10 years from the date of
Nenos Rea’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Nenos Rea had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
January 13, 2025, Javier Nenos Rea, with
a last known address of Inmate Number:
06713–104, D. Ray James, Correctional
Institution, P.O. Box 2000, Folkston, GA
31537, 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
VerDate Sep<11>2014
20:21 Nov 17, 2016
Jkt 241001
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 Nenos Rea 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, Nenos Rea may file an
appeal of this Order with the Under
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
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 Nenos Rea. This Order
shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until January 13, 2025.
Issued this ll9ll day of ll
November ll, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016–27786 Filed 11–17–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Proposed Information Collection;
Comment Request; Voluntary SelfDisclosure of Violations of the Export
Administration Regulations
Bureau of Industry and
Security.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before January 17, 2017.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Mark Crace, BIS ICB Liaison,
(202) 482–4895, Mark.Crace@
bis.doc.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Abstract
This collection of information is
needed to detect violations of the Export
Administration Act and Regulations,
and determine if an investigation or
prosecution is necessary and to reach a
settlement with violators. Voluntary
E:\FR\FM\18NON1.SGM
18NON1
]]>Agencies
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81735-81736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27786]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Javier Nenos Rea, Inmate Number: 06713-104, D. Ray
James, Correctional Institution, P.O. Box 2000, Folkston, GA 31537
On January 13, 2015, in the U.S. District Court for the Southern
District of Florida, Javier Nenos Rea (``Nenos Rea''), was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2012)) (``AECA''). Specifically, Nenos Rea knowingly and willfully
attempted to export defense articles, that is, AK-47 assault rifles and
a .40 caliber semi-automatic pistol, from the United States to Bolivia
without having first obtained a license or written approval from the
United States Department of State. Nenos Rea was sentenced to 46 months
in prison, two 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,
[[Page 81736]]
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 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)).
---------------------------------------------------------------------------
BIS has received notice of Nenos Rea's conviction for violating the
AECA, and has provided notice and an opportunity for Nenos Rea to make
a written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has not received a submission from Nenos Rea.
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 Nenos Rea's export privileges under the
Regulations for a period of 10 years from the date of Nenos Rea's
conviction. I have also decided to revoke all licenses issued pursuant
to the Act or Regulations in which Nenos Rea had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until January 13, 2025, Javier
Nenos Rea, with a last known address of Inmate Number: 06713-104, D.
Ray James, Correctional Institution, P.O. Box 2000, Folkston, GA 31537,
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 Nenos Rea 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, Nenos Rea
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 Nenos Rea.
This Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 13, 2025.
Issued this __9__ day of __ November __, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-27786 Filed 11-17-16; 8:45 am]
BILLING CODE P
