In the Matter of: Jose Jesus Campos-Flores, Inmate Number: 22762-479, FCI Bastrop,P.O. Box 1010, Bastrop, TX 78602; Order Denying Export Privileges, 1427-1428 [2019-00859]

Download as PDF Federal Register / Vol. 84, No. 23 / Monday, February 4, 2019 / Notices the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with Part 756 of the Regulations, Prado 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 Prado and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until February 23, 2027. Issued this 31st day of December 2018. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2019–00864 Filed 2–1–19; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Jose Jesus CamposFlores, Inmate Number: 22762–479, FCI Bastrop, P.O. Box 1010, Bastrop, TX 78602; Order Denying Export Privileges amozie on DSK3GDR082PROD with NOTICES1 On November 16, 2017, in the U.S. District Court for the Southern District of Texas, Jose Jesus Campos-Flores (‘‘Campos-Flores’’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Campos-Flores was convicted of violating Section 38 of the AECA by 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. Campos-Flores was sentenced to 36 months in prison, three years of supervised release, and an assessment of $100. The Export Administration Regulations (‘‘EAR’’ or ‘‘Regulations’’) are administered and enforced by the U.S. Department of Commerce’s Bureau of Industry and Security (‘‘BIS’’).1 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) (‘‘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 17:21 Feb 01, 2019 Jkt 247001 Section 766.25 of the Regulations provides, in pertinent part, that the ‘‘Director of [BIS’s] Office of Exporter Services, in consultation with the Director of [BIS’s] 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).2 In addition, pursuant to Section 750.8 of the Regulations, BIS’s Office of Exporter Services may revoke any BIS-issued licenses in which the person had an interest at the time of his/her conviction.3 BIS has received notice of CamposFlores’s conviction for violating Section 38 of the AECA, and has provided notice and an opportunity for CamposFlores to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Campos-Flores. 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 Campos-Flores’s export privileges under the Regulations for a period of seven years from the date of Campos-Flores’s conviction. I have also decided to revoke all BIS-issued licenses in which Campos-Flores 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, Jose Jesus CamposFlores, 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 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, 132 Stat. 2208 (‘‘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. 2 See also Section 11(h) of the EAA, 50 U.S.C. 4610(h) (Supp. III 2015); Sections 1760(e) and 1768 of ECRA, Title XVII, Subtitle B of Public Law 115– 232, 132 Stat. 2208, 2225 and 2233 (Aug. 13, 2018); and note 1, supra. 3 See notes 1 and 2, supra. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 1427 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, E:\FR\FM\04FEN1.SGM 04FEN1 1428 Federal Register / Vol. 84, No. 23 / Monday, February 4, 2019 / Notices 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 Campos-Flores 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, Campos-Flores 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 Campos-Flores 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 31 day of December 2018. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2019–00859 Filed 2–1–19; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG516 Marine Mammals; File No. 22141 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that Samuel Wasser, Ph.D., University of Washington, Department of Biology, P.O. Box 351800, Seattle, WA, 98195, has applied in due form for a permit to conduct research on marine mammals. DATES: Written, telefaxed, or email comments must be received on or before March 6, 2019. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the ‘‘Features’’ box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 22141 from the list of available applications. These documents are also available upon written request or by appointment amozie on DSK3GDR082PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:21 Feb 01, 2019 Jkt 247001 in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376. Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include the File No. in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Courtney Smith or Jennifer Skidmore, (301) 427–8401. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226). The applicant proposes to take cetaceans during vessel surveys within the inland waters of Washington to (1) improve the ability to temporally link the physiologic measures of killer whale nutritional stress with variation in prey abundance and toxicant levels, and (2) as a pilot study, gather fecal samples from baleen whales to establish a baseline for examining nutritional stress and toxin load as an indicator of ecosystem health. The primary target species are Southern Resident and transient killer whales (Orcinus orca), but additional cetaceans may include fin (Balaenoptera physalus), gray (Eschrichtius robustus), humpback (Megaptera novaeangliae), and minke (B. acutorostrata) whales. Research activities would include behavioral observations, photo-identification, fecal/ scat collection, and incidental harassment. Please see the take table for complete list of take numbers by species. The permit would be valid for five years. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors. Julia M. Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2019–00861 Filed 2–1–19; 8:45 am] BILLING CODE 3510–22–P BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No. CFPB–2019–0004] Agency Information Collection Activities: Submission for OMB Review; Comment Request Bureau of Consumer Financial Protection. ACTION: Notice and request for comment. AGENCY: In accordance with the Paperwork Reduction Act of 1995 (PRA), the Bureau of Consumer Financial Protection (Bureau) is requesting Office of Management and Budget (OMB) approval of a generic Information Collection titled, ‘‘Making Ends Meet Survey,’’ under the Generic Information Collection Plan titled, ‘‘Generic Information Collection Plan for Surveys Using the Consumer Credit Panel.’’ DATES: Written comments are encouraged and must be received on or before March 6, 2019 to be assured of consideration. SUMMARY: Comments in response to this notice are to be directed towards OMB and to the attention of the OMB Desk Officer for the Bureau of Consumer Financial Protection. You may submit comments, identified by the title of the information collection, OMB Control Number (see below), and docket number (see above), by any of the following methods: • Electronic: http:// www.regulations.gov. Follow the instructions for submitting comments. • Email: OIRA_submission@ omb.eop.gov. • Fax: (202) 395–5806. • Mail: Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503. In general, all comments received will become public records, including any personal information provided. ADDRESSES: E:\FR\FM\04FEN1.SGM 04FEN1

Agencies

[Federal Register Volume 84, Number 23 (Monday, February 4, 2019)]
[Notices]
[Pages 1427-1428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00859]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Jose Jesus Campos-Flores, Inmate Number: 22762-
479, 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, Jose Jesus Campos-Flores (``Campos-Flores'') was 
convicted of violating Section 38 of the Arms Export Control Act (22 
U.S.C. 2778 (2012)) (``AECA''). Campos-Flores was convicted of 
violating Section 38 of the AECA by 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. Campos-Flores was sentenced 
to 36 months in prison, three years of supervised release, and an 
assessment of $100.
    The Export Administration Regulations (``EAR'' or ``Regulations'') 
are administered and enforced by the U.S. Department of Commerce's 
Bureau of Industry and Security (``BIS'').\1\ Section 766.25 of the 
Regulations provides, in pertinent part, that the ``Director of [BIS's] 
Office of Exporter Services, in consultation with the Director of 
[BIS's] 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).\2\ In 
addition, pursuant to Section 750.8 of the Regulations, BIS's Office of 
Exporter Services may revoke any BIS-issued licenses in which the 
person had an interest at the time of his/her conviction.\3\
---------------------------------------------------------------------------

    \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) (``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, 132 Stat. 2208 
(``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.
    \2\ See also Section 11(h) of the EAA, 50 U.S.C. 4610(h) (Supp. 
III 2015); Sections 1760(e) and 1768 of ECRA, Title XVII, Subtitle B 
of Public Law 115-232, 132 Stat. 2208, 2225 and 2233 (Aug. 13, 
2018); and note 1, supra.
    \3\ See notes 1 and 2, supra.
---------------------------------------------------------------------------

    BIS has received notice of Campos-Flores's conviction for violating 
Section 38 of the AECA, and has provided notice and an opportunity for 
Campos-Flores to make a written submission to BIS, as provided in 
Section 766.25 of the Regulations. BIS has not received a submission 
from Campos-Flores.
    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 Campos-Flores's export privileges under the 
Regulations for a period of seven years from the date of Campos-
Flores's conviction. I have also decided to revoke all BIS-issued 
licenses in which Campos-Flores 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, Jose 
Jesus Campos-Flores, 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 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,

[[Page 1428]]

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 Campos-Flores 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, Campos-
Flores 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 Campos-Flores 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 31 day of December 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019-00859 Filed 2-1-19; 8:45 am]
 BILLING CODE P