Order Denying Export Privileges, 30830-30831 [2017-13969]
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Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
Reservations are not accepted. To the
extent that time permits, members of the
public may present oral statements to
the Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
the distribution of public presentation
materials to the Committee members,
the Committee suggests that presenters
forward the public presentation
materials prior to the meeting to Ms.
Springer via email.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on February 22,
2017, pursuant to Section 10(d) of the
Federal Advisory Committee Act, as
amended, that the portion of the
meeting dealing with matters of which
would be likely to frustrate significant
implementation of a proposed agency
action as described in 5 U.S.C.
552b(c)(9)(B) shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C., App. 2, 10(a)(1) and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, call Yvette
Springer at (202) 482–2813.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2017–13872 Filed 6–30–17; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
sradovich on DSK3GMQ082PROD with NOTICES
In the Matter of Manuel Morales, Inmate
Number: 45841–051, FCI Phoenix, 37910
N. 45th Avenue, Phoenix, AZ 85086.
On June 1, 2016, in the U.S. District
Court for the District of Arizona, Manuel
Morales (‘‘Morales’’) was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2012))
(‘‘AECA’’). Specifically, Morales was
convicted of knowingly and
intentionally combining, conspiring,
confederating and agreeing with other
persons, known and unknown, to export
from the United States to Mexico
defense articles designated on the
United States Munitions List, namely,
540 rounds of 7.62 x 39 caliber
ammunition and seven 7.62 x 39 caliber
magazines, without the required U.S.
Department of State licenses. Morales
was sentenced to 50 months in prison
with credit for time served, 36 months
of supervised release, and a $100 special
assessment.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
VerDate Sep<11>2014
17:53 Jun 30, 2017
Jkt 241001
‘‘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 EAA
[Export Administration Act], 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 pursuant to
the Export Administration Act (‘‘EAA’’
or ‘‘the Act’’) or the Regulations in
which the person had an interest at the
time of his conviction.
BIS has received notice of Morales’s
conviction for violating the AECA, and
has provided notice and an opportunity
for Morales to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. BIS
has not received a submission from
Morales.
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 Morales’s export
privileges under the Regulations for a
period of 10 years from the date of
Morales’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Morales had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
June 1, 2026, Manuel Morales, with a
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)) (‘‘EAA’’ or ‘‘the Act’’). 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. (2012)).
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
last known address of Inmate Number:
45841–051, FCI Phoenix, 37910 N. 45th
Avenue, Phoenix, AZ 85086, 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 engaging
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
from 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
E:\FR\FM\03JYN1.SGM
03JYN1
Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
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 Morales 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, Morales 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 Morales and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until June 1, 2026.
Dated: June 27, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017–13969 Filed 6–30–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
sradovich on DSK3GMQ082PROD with NOTICES
Information Systems Technical
Advisory Committee; Notice of
Partially Closed Meeting
The Information Systems Technical
Advisory Committee (ISTAC) will meet
on July 26 and 27, 2017, 9:00 a.m., in
the Herbert C. Hoover Building, Room
3884, 14th Street between Constitution
and Pennsylvania Avenues NW.,
Washington, DC. The Committee
advises the Office of the Assistant
Secretary for Export Administration on
technical questions that affect the level
of export controls applicable to
information systems equipment and
technology.
Wednesday, July 26
17:53 Jun 30, 2017
Thursday, July 27
Closed Session
6. Discussion of Matters Determined to
be Exempt From the Provisions
Relating to Public Meetings Found
in 5 U.S.C. App. 2, 10(a)(1) and
10(a)(3)
The open session will be accessible
via teleconference to 20 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at Yvette.Springer@
bis.doc.gov, no later than July 19, 2017.
A limited number of seats will be
available for the public session.
Reservations are not accepted. To the
extent time permits, members of the
public may present oral statements to
the Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
distribution of public presentation
materials to Committee members, the
Committee suggests that public
presentation materials or comments be
forwarded before the meeting to Ms.
Springer.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on February 27,
2017, pursuant to Section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App. 2, (10)(d)), that
the portion of the meeting concerning
trade secrets and commercial or
financial information deemed privileged
or confidential as described in 5 U.S.C.
552b(c)(4) and the portion of the
meeting concerning matters the
disclosure of which would be likely to
frustrate significantly implementation of
an agency action as described in 5
U.S.C. 552b(c)(9)(B) shall be exempt
from the provisions relating to public
meetings found in 5 U.S.C. App. 2,
10(a)(1) and 10(a)(3). The remaining
portions of the meeting will be open to
the public.
For more information, call Yvette
Springer at (202) 482–2813.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2017–13871 Filed 6–30–17; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Open Session
1. Welcome and Introductions
2. Working Group Reports
3. Old Business
VerDate Sep<11>2014
4. Industry Presentations: Quantum
Computing
5. New business
Jkt 241001
Order Denying Export Privileges
In the Matter of: Edwin Navarro Makasiar
II, Inmate Number: 47704–424, D. Ray James
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
30831
Correctional Institution, P.O. Box 2000,
Folkston, GA 31437.
On June 30, 2015, in the U.S. District
Court for the Northern District of
Illinois, Edwin Navarro Makasiar II
(‘‘Makasiar’’) was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Specifically, Makasiar was convicted of
knowingly and willfully attempting to
export from the United States to the
Philippines defense articles designated
on the United States Munitions List,
namely, two Glock Model 23, .40 caliber
pistols and approximately 2,500 rounds
of .223 caliber and 5.56 mm
ammunition, without the required U.S.
Department of State licenses. Makasiar
was sentenced to 60 months in prison,
a $2,000 criminal fine, and a $200
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 EAA
[Export Administration Act], 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 pursuant to
the Export Administration Act (‘‘EAA’’
or ‘‘the Act’’) or the Regulations 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)) (‘‘EAA’’ or ‘‘the Act’’). 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. (2012)).
E:\FR\FM\03JYN1.SGM
03JYN1
]]>Agencies
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30830-30831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13969]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of Manuel Morales, Inmate Number: 45841-051, FCI
Phoenix, 37910 N. 45th Avenue, Phoenix, AZ 85086.
On June 1, 2016, in the U.S. District Court for the District of
Arizona, Manuel Morales (``Morales'') was convicted of violating
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012))
(``AECA''). Specifically, Morales was convicted of knowingly and
intentionally combining, conspiring, confederating and agreeing with
other persons, known and unknown, to export from the United States to
Mexico defense articles designated on the United States Munitions List,
namely, 540 rounds of 7.62 x 39 caliber ammunition and seven 7.62 x 39
caliber magazines, without the required U.S. Department of State
licenses. Morales was sentenced to 50 months in prison with credit for
time served, 36 months of supervised release, and a $100 special
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 EAA [Export
Administration Act], 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 pursuant to
the Export Administration Act (``EAA'' or ``the Act'') or the
Regulations in which the person had an interest 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))
(``EAA'' or ``the Act''). 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. (2012)).
---------------------------------------------------------------------------
BIS has received notice of Morales's conviction for violating the
AECA, and has provided notice and an opportunity for Morales to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has not received a submission from Morales.
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 Morales's export privileges under the Regulations
for a period of 10 years from the date of Morales's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Morales had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until June 1, 2026, Manuel
Morales, with a last known address of Inmate Number: 45841-051, FCI
Phoenix, 37910 N. 45th Avenue, Phoenix, AZ 85086, 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 engaging 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 from 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
[[Page 30831]]
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 Morales 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, Morales 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 Morales and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until June 1, 2026.
Dated: June 27, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-13969 Filed 6-30-17; 8:45 am]
BILLING CODE P
