In the Matter of: Francisco Xavier Martinez, Inmate Number: 21369-470, FCI Bastrop, P.O. Box 1010, Bastrop, TX 78602; Order Denying Export Privileges, 50070-50071 [2018-21651]
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Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices
closing period for their receipt is
December 3, 2018. Rebuttal comments
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15-day
period to December 18, 2018.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s website, which is accessible via
www.trade.gov/ftz. For further
information, contact Qahira El-Amin at
Qahira.El-Amin@trade.gov or (202) 482–
5928.
Dated: September 27, 2018.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2018–21615 Filed 10–3–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Francisco Xavier
Martinez, Inmate Number: 21369–470,
FCI Bastrop, P.O. Box 1010, Bastrop,
TX 78602; Order Denying Export
Privileges
daltland on DSKBBV9HB2PROD with NOTICES
On November 16, 2017, in the U.S.
District Court for the Southern District
of Texas, Francisco Xavier Martinez
(‘‘Martinez’’) was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Specifically, Martinez was convicted of
knowingly exporting and attempting to
export from the United States to Mexico
firearms designated as defense articles
on the United States Munitions List,
without the required U.S. Department of
State licenses. Martinez was sentenced
to 41 months in prison, three years of
supervised release, and an assessment of
$100.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
‘‘Regulations’’) 1 provides, in pertinent
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2018). The Regulations originally issued under
the Export Administration Act of 1979, as amended,
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘the EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13,222 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 8, 2018 (83 FR
39,871 (Aug. 13, 2018)), continued the Regulations
in full force and effect under the International
Emergency Economic Powers Act, 50 U.S.C. 1701,
et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the
President signed into law the John S. McCain
National Defense Authorization Act for Fiscal Year
VerDate Sep<11>2014
17:43 Oct 03, 2018
Jkt 247001
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 . . . section
38 of the Arms Export Control Act (22
U.S.C. 2778).’’ 15 CFR 766.25(a). 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). 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 Act or the Regulations in which the
person had an interest at the time of his/
her conviction.
BIS has received notice of Martinez’s
conviction for violating Section 38 of
the AECA, and has provided notice and
an opportunity for Martinez to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Martinez.
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 Martinez’s
export privileges under the Regulations
for a period of seven years from the date
of Martinez’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Martinez had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
November 16, 2024, Francisco Xavier
Martinez, with a last known address of
Inmate Number: 21369–470, FCI
Bastrop, P.O. Box 1010, Bastrop, TX
78602, 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
2019, which includes the Export Control Reform
Act of 2018, Title XVII, Subtitle B of Public Law
115–232 (‘‘ECRA’’). While Section 1766 of ECRA
repeals the provisions of the EAA (except for three
sections which are inapplicable here), Section 1768
of ECRA provides, in pertinent part, that all rules
and regulations that were made or issued under the
EAA, including as continued in effect pursuant to
IEEPA, and were in effect as of ECRA’s date of
enactment (August 13, 2018), shall continue in
effect according to their terms until modified,
superseded, set aside, or revoked through action
undertaken pursuant to the authority provided
under ECRA.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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
E:\FR\FM\04OCN1.SGM
04OCN1
Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices
organization related to Martinez 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, Martinez 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 Martinez and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until November 16, 2024.
Issued this September 27, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018–21651 Filed 10–3–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of Erik Villasana, Inmate
Number: 22762–479, FCI Bastrop, P.O.
Box 1010, Bastrop, TX 78602; Order
Denying Export Privileges
daltland on DSKBBV9HB2PROD with NOTICES
On November 16, 2017, in the U.S.
District Court for the Southern District
of Texas, Erik Villasana (‘‘Villasana’’)
was convicted of violating Section 38 of
the Arms Export Control Act (22 U.S.C.
2778 (2012)) (‘‘AECA’’). Specifically,
Villasana was convicted of knowingly
exporting and attempting to export from
the United States to Mexico firearms
designated as defense articles on the
United States Munitions List, without
the required U.S. Department of State
licenses. Villasana was sentenced to 63
months in prison, three years of
supervised release, and an assessment of
$100.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
‘‘Regulations’’) 1 provides, in pertinent
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR Parts 730–
774 (2018). The Regulations originally issued under
the Export Administration Act of 1979, as amended,
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘the EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13,222 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 8, 2018 (83 FR
39,871 (Aug. 13, 2018)), continued the Regulations
in full force and effect under the International
Emergency Economic Powers Act, 50 U.S.C. 1701,
VerDate Sep<11>2014
17:43 Oct 03, 2018
Jkt 247001
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 . . . section
38 of the Arms Export Control Act (22
U.S.C. 2778).’’ 15 CFR 766.25(a). 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). 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 Act or the Regulations in which the
person had an interest at the time of his/
her conviction.
BIS has received notice of Villasana’s
conviction for violating Section 38 of
the AECA, and has provided notice and
an opportunity for Villasana to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Villasana.
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 Villasana’s
export privileges under the Regulations
for a period of 10 years from the date of
Villasana’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Villasana had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
November 16, 2027, Erik Villasana, with
a last known address of Inmate Number:
22762–479, FCI Bastrop, P.O. Box 1010,
Bastrop, TX 78602, 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
et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the
President signed into law the John S. McCain
National Defense Authorization Act for Fiscal Year
2019, which includes the Export Control Reform
Act of 2018, Title XVII, Subtitle B of Public Law
115–232 (‘‘ECRA’’). While Section 1766 of ECRA
repeals the provisions of the EAA (except for three
sections which are inapplicable here), Section 1768
of ECRA provides, in pertinent part, that all rules
and regulations that were made or issued under the
EAA, including as continued in effect pursuant to
IEEPA, and were in effect as of ECRA’s date of
enactment (August 13, 2018), shall continue in
effect according to their terms until modified,
superseded, set aside, or revoked through action
undertaken pursuant to the authority provided
under ECRA.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
50071
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,
E:\FR\FM\04OCN1.SGM
04OCN1
]]>Agencies
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Notices]
[Pages 50070-50071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21651]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Francisco Xavier Martinez, Inmate Number:
21369-470, FCI Bastrop, P.O. Box 1010, Bastrop, TX 78602; Order Denying
Export Privileges
On November 16, 2017, in the U.S. District Court for the Southern
District of Texas, Francisco Xavier Martinez (``Martinez'') was
convicted of violating Section 38 of the Arms Export Control Act (22
U.S.C. 2778 (2012)) (``AECA''). Specifically, Martinez was convicted of
knowingly exporting and attempting to export from the United States to
Mexico firearms designated as defense articles on the United States
Munitions List, without the required U.S. Department of State licenses.
Martinez was sentenced to 41 months in prison, three years of
supervised release, and an assessment of $100.
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 . . . section 38 of
the Arms Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a). 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). 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 Act or the Regulations in which the person had an
interest at the time of his/her conviction.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2018). The Regulations
originally issued under the Export Administration Act of 1979, as
amended, 50 U.S.C. 4601-4623 (Supp. III 2015) (``the EAA''), which
lapsed on August 21, 2001. The President, through Executive Order
13,222 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 8, 2018 (83 FR 39,871 (Aug. 13, 2018)),
continued the Regulations in full force and effect under the
International Emergency Economic Powers Act, 50 U.S.C. 1701, et seq.
(2012) (``IEEPA''). On August 13, 2018, the President signed into
law the John S. McCain National Defense Authorization Act for Fiscal
Year 2019, which includes the Export Control Reform Act of 2018,
Title XVII, Subtitle B of Public Law 115-232 (``ECRA''). While
Section 1766 of ECRA repeals the provisions of the EAA (except for
three sections which are inapplicable here), Section 1768 of ECRA
provides, in pertinent part, that all rules and regulations that
were made or issued under the EAA, including as continued in effect
pursuant to IEEPA, and were in effect as of ECRA's date of enactment
(August 13, 2018), shall continue in effect according to their terms
until modified, superseded, set aside, or revoked through action
undertaken pursuant to the authority provided under ECRA.
---------------------------------------------------------------------------
BIS has received notice of Martinez's conviction for violating
Section 38 of the AECA, and has provided notice and an opportunity for
Martinez to make a written submission to BIS, as provided in Section
766.25 of the Regulations. BIS has not received a submission from
Martinez.
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 Martinez's export privileges under the Regulations
for a period of seven years from the date of Martinez's conviction. I
have also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Martinez had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until November 16, 2024,
Francisco Xavier Martinez, with a last known address of Inmate Number:
21369-470, FCI Bastrop, P.O. Box 1010, Bastrop, TX 78602, 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
[[Page 50071]]
organization related to Martinez 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, Martinez
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 Martinez and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until November 16, 2024.
Issued this September 27, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-21651 Filed 10-3-18; 8:45 am]
BILLING CODE P
