Proposed Information Collection; Comment Request; Voluntary Self-Disclosure of Violations of the Export Administration Regulations, 81736-81737 [2016-27824]
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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
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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
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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
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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.
mstockstill on DSK3G9T082PROD with NOTICES
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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Sfmt 4703
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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]]>Agencies
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81736-81737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27824]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Proposed Information Collection; Comment Request; Voluntary Self-
Disclosure of Violations of the Export Administration Regulations
AGENCY: Bureau of Industry and Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: 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.
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
[[Page 81737]]
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 for-profit 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.
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
