In the Matter of: Arnoldo Antonio Arredondo, Inmate Number: 23611-479, FCI Beaumont Medium, Federal Correctional Institution, P.O. Box 26040, Beaumont, TX 77720; Order Denying Export Privileges, 12196-12197 [2019-06186]
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Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices
additional work outside of full
Committee meetings including
subcommittee conference calls or
meetings as needed, and (c) frequently
drafting, preparing or commenting on
proposed recommendations to be
evaluated at Committee meetings.
Finally, candidates must provide an
affirmative statement that they meet all
Committee eligibility requirements.
The Department of Commerce is
committed to equal opportunity in the
workplace and seeks diverse Advisory
Committee membership.
To respond to this recruitment notice,
please send a copy of your resume to
Ms. Yvette Springer at Yvette.Springer@
bis.doc.gov.
Deadline: This Notice of Recruitment
will be open for one year from its date
of publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Ms.
Yvette Springer on (202) 482–2813.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2019–06239 Filed 3–29–19; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Sensors and Instrumentation
Technical Advisory Committee; Notice
of Partially Closed Meeting
conference, submit inquiries to Ms.
Yvette Springer at Yvette.Springer@
bis.doc.gov no later than April 23, 2019.
A limited number of seats will be
available during the public session of
the meeting. 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
distribution of public presentation
materials to the Committee members,
the Committee suggests that the
materials be forwarded before the
meeting to Ms. Springer.
The Assistant Secretary for
Administration, with the concurrence of
the General Counsel, formally
determined on March 12, 2019 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 this
meeting dealing with pre-decisional
changes to the Commerce Control List
and U.S. export control policies 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 contact Yvette
Springer on (202) 482–2813.
Yvette Springer,
Committee Liaison Officer.
The Sensors and Instrumentation
Technical Advisory Committee (SITAC)
will meet on Tuesday, April 30, 2019,
9:30 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 sensors and
instrumentation equipment and
technology.
[FR Doc. 2019–06240 Filed 3–29–19; 8:45 am]
Agenda
On November 28, 2017, in the U.S.
District Court for the Southern District
of Texas, Arnoldo Antonio Arredondo
(‘‘Arredondo’’) was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778 (2012))
(‘‘AECA’’). Arredondo was convicted of
violating Section 38 of the AECA by
conspiring and agreeing with others to
knowingly and willfully export and
cause to be exported, from the United
States to Mexico, .223 caliber rifles,
which were designated as defense
articles on the United States Munitions
List, without the required U.S.
Department of State licenses. Arredondo
was sentenced to 46 months in prison,
Open Session
1. Welcome and Introductions.
2. Remarks from the Bureau of
Industry and Security Management.
3. Industry Presentations.
4. New Business.
Closed Session
5. 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
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17:22 Mar 29, 2019
Jkt 247001
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
BIS has received notice of
Arredondo’s conviction for violating
Section 38 of the AECA, and has
provided notice and an opportunity for
Arredondo to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. BIS
has not received a submission from
Arredondo.
Based upon my review and
consultations with BIS’s Office of
Export Enforcement, including its
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Arnoldo Antonio
Arredondo, Inmate Number: 23611–
479, FCI Beaumont Medium, Federal
Correctional Institution, P.O. Box
26040, Beaumont, TX 77720; Order
Denying Export Privileges
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
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.
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Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices
Director, and the facts available to BIS,
I have decided to deny Arredondo’s
export privileges under the Regulations
for a period of 10 years from the date of
Arredondo’s conviction. I have also
decided to revoke all BIS-issued
licenses in which Arredondo had an
interest at the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
November 28, 2027, Arnoldo Antonio
Arredondo, with a last known address
of Inmate Number: 23611–479, FCI
Beaumont Medium, Federal
Correctional Institution, P.O. Box 26040,
Beaumont, TX 77720, 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
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17:22 Mar 29, 2019
Jkt 247001
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 Arredondo 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, Arredondo 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 Arredondo and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until November 28, 2027.
Issued this 25th day of March, 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019–06186 Filed 3–29–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Mohan L. Nirala, 8005
Moss Bank Drive, Laurel, MD 20724;
Order Denying Export Privileges
On March 13, 2017, in the U.S.
District Court for the Eastern District of
Virginia, Mohan L. Nirala (‘‘Nirala’’)
was convicted of violating Section
793(e) of the Espionage Act (18 U.S.C.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
12197
792–799 (2012)) (‘‘the Espionage Act’’).
Nirala was convicted of having
unauthorized possession of a document
relating to the national defense, namely,
a forty-seven page classified document
containing emails, exhibits, and
PowerPoint slides, each individually
marked as being classified, and willfully
retaining the document and failing to
deliver it to the officer and employee of
the United States entitled to receive it.
Nirala was sentenced to twelve (12)
months and one (1) day in prison,
supervised released for one (1) year 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 . . . 18
U.S.C. 793, 794 or 798.’’ 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
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.
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01APN1
]]>Agencies
[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Notices]
[Pages 12196-12197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06186]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Arnoldo Antonio Arredondo, Inmate Number:
23611-479, FCI Beaumont Medium, Federal Correctional Institution, P.O.
Box 26040, Beaumont, TX 77720; Order Denying Export Privileges
On November 28, 2017, in the U.S. District Court for the Southern
District of Texas, Arnoldo Antonio Arredondo (``Arredondo'') was
convicted of violating Section 38 of the Arms Export Control Act (22
U.S.C. 2778 (2012)) (``AECA''). Arredondo was convicted of violating
Section 38 of the AECA by conspiring and agreeing with others to
knowingly and willfully export and cause to be exported, from the
United States to Mexico, .223 caliber rifles, which were designated as
defense articles on the United States Munitions List, without the
required U.S. Department of State licenses. Arredondo was sentenced to
46 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 Arredondo's conviction for violating
Section 38 of the AECA, and has provided notice and an opportunity for
Arredondo to make a written submission to BIS, as provided in Section
766.25 of the Regulations. BIS has not received a submission from
Arredondo.
Based upon my review and consultations with BIS's Office of Export
Enforcement, including its
[[Page 12197]]
Director, and the facts available to BIS, I have decided to deny
Arredondo's export privileges under the Regulations for a period of 10
years from the date of Arredondo's conviction. I have also decided to
revoke all BIS-issued licenses in which Arredondo had an interest at
the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until November 28, 2027, Arnoldo
Antonio Arredondo, with a last known address of Inmate Number: 23611-
479, FCI Beaumont Medium, Federal Correctional Institution, P.O. Box
26040, Beaumont, TX 77720, 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 Arredondo 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, Arredondo
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 Arredondo and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until November 28, 2027.
Issued this 25th day of March, 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019-06186 Filed 3-29-19; 8:45 am]
BILLING CODE P
