Order Denying Export Privileges, 30831-30832 [2017-13971]

Download as PDF 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 sradovich on DSK3GMQ082PROD with NOTICES 30832 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices which the person had an interest at the time of his conviction. BIS has received notice of Makasiar’s conviction for violating the AECA, and has provided notice and an opportunity for Makasiar to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Makasiar. 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 Makasiar’s export privileges under the Regulations for a period of 10 years from the date of Makasiar’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Makasiar had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until June 30, 2025, Edwin Navarro Makasiar II, with a last known address of Inmate Number: 47704–424, D. Ray James Correctional Institution, P.O. Box 2000, Folkston, GA 31437, 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, VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 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 Makasiar 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, Makasiar 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 Makasiar, and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until June 30, 2025. Dated: June 27, 2017. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2017–13971 Filed 6–30–17; 8:45 am] BILLING CODE P PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: Jose Abraham BenavidesCira, Inmate Number: 85048–379, FCI Big Spring, 1900 Simler Avenue, Big Spring, TX 79720. On May 23, 2016, in the U.S. District Court for the Southern District of Texas, Jose Abraham Benavides-Cira was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Specifically, Jose Abraham Benavides-Cira was convicted of intentionally and knowingly conspiring and agreeing with other persons to knowingly and willfully export, and cause to be exported, from the United States to Mexico defense articles designated on the United States Munitions List, namely, 5.56 caliber rifles, without the required U.S. Department of State licenses.Jose Abraham Benavides-Cira was sentenced to 135 months in prison 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 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

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[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30831-30832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13971]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Edwin Navarro Makasiar II, Inmate Number: 
47704-424, D. Ray James 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

[[Page 30832]]

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 Makasiar's conviction for violating the 
AECA, and has provided notice and an opportunity for Makasiar to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Makasiar.
    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 Makasiar's export privileges under the Regulations 
for a period of 10 years from the date of Makasiar's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Makasiar had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until June 30, 2025, Edwin 
Navarro Makasiar II, with a last known address of Inmate Number: 47704-
424, D. Ray James Correctional Institution, P.O. Box 2000, Folkston, GA 
31437, 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 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 Makasiar 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, Makasiar 
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 Makasiar, and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until June 30, 2025.

    Dated: June 27, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-13971 Filed 6-30-17; 8:45 am]
BILLING CODE P

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