In the Matter of: Edgar Sanchez-Muro, 2065 Camargo Street, Brownsville, TX 78526; Order Denying Export Privileges, 873-874 [2020-00044]
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Notices
Federal Register
Vol. 85, No. 5
Wednesday, January 8, 2020
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Edgar Sanchez-Muro,
2065 Camargo Street, Brownsville, TX
78526; Order Denying Export
Privileges
jbell on DSKJLSW7X2PROD with NOTICES
On June 19, 2019, in the U.S. District
Court for the Southern District of Texas,
Edgar Sanchez-Muro (‘‘Sanchez-Muro’’)
was convicted of violating 18 U.S.C.
554(a). Sanchez-Muro was convicted of
knowingly attempting to export and
exporting approximately 980 rounds of
7.62 x 39 mm caliber ammunition from
the United States to Mexico, contrary to
Section 38 of the Arms Export Control
Act, 22 U.S.C. 2778 (2012). SanchezMuro was sentenced to 12 months and
one day in prison and a $100 special
assessment.
Pursuant to Section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),1
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, 18 U.S.C.
554(a), may be denied for a period of up
to ten (10) years from the date of his/her
conviction. 50 U.S.C. 4819(e) (Prior
Convictions). In addition, any BIS
licenses or other authorizations issued
under ECRA in which the person had an
interest at the time of the conviction
may be revoked. Id.
BIS has received notice of SanchezMuro’s conviction for violating 18
U.S.C. 554(a), and has provided notice
and an opportunity for Sanchez-Muro to
make a written submission to BIS, as
provided in Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’). 15 CFR 766.25.2 BIS
1 ECRA was enacted as part of the John S. McCain
National Defense Authorization Act for Fiscal Year
2019, and as amended is codified at 50 U.S.C.
4801–4852. Sanchez-Muro’s conviction post-dates
ECRA’s enactment on August 13, 2018.
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2019). The Regulations originally issued under
the Export Administration Act of 1979, as amended,
VerDate Sep<11>2014
17:18 Jan 07, 2020
Jkt 250001
has not received a submission from
Sanchez-Muro.
Based upon my review of the record
and consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
I have decided to deny Sanchez-Muro’s
export privileges pursuant to ECRA for
a period of five (5) years from the date
of Sanchez-Muro’s conviction. I have
also decided to revoke any BIS license
issued under ECRA in which SanchezMuro had an interest at the time of his
conviction.
Accordingly, it is hereby Ordered:
First, from the date of this Order until
June 19, 2024, Edgar Sanchez-Muro,
with a last known address of 2065
Camargo Street, Brownsville, TX 78526,
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
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13222 of August 17, 2001
(3 CFR, 2001 Comp. 783 (2002)), which was
extended by successive Presidential Notices,
continued the Regulations in full force and effect
under the International Emergency Economic
Powers Act, 50 U.S.C. 1701, et seq. (2012)
(‘‘IEEPA’’). Section 1768 of ECRA, 50 U.S.C. 4826,
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. See note 1, supra.
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
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, pursuant to Section 1760(e) of
ECRA and Sections 766.23 and 766.25
of the Regulations, any other person,
firm, corporation, or business
organization related to Sanchez-Muro 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, Sanchez-Muro may file
an appeal of this Order with the Under
Secretary of Commerce for Industry and
E:\FR\FM\08JAN1.SGM
08JAN1
874
Federal Register / Vol. 85, No. 5 / Wednesday, January 8, 2020 / Notices
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 Sanchez-Muro and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until June 19, 2024.
Issued this 31st day of December 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2020–00044 Filed 1–7–20; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
jbell on DSKJLSW7X2PROD with NOTICES
In the Matter of: Resit Tavan, Tatli Su
Mah. No. 72/A, Umraniye—Istanbul
34764; Order Denying Export
Privileges
On August 29, 2019, in the U.S.
District Court for the Eastern District of
Wisconsin, Resit Tavan (‘‘Tavan’’) was
convicted of violating 18 U.S.C. 371.
Specifically, Tavan was convicted of
knowingly and intentionally conspiring
to violate U.S. sanctions by exporting
specialized marine equipment from the
United States to Iran, without the
required U.S. Government
authorization. Tavan was sentenced to
28 months in prison, with credit for
time served, and a $100 special
assessment.
Pursuant to Section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),1
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, 18 U.S.C.
371, may be denied for a period of up
to ten (10) years from the date of his/her
conviction. 50 U.S.C. 4819(e) (Prior
Convictions). In addition, any BIS
licenses or other authorizations issued
under ECRA in which the person had an
interest at the time of the conviction
may be revoked. Id.
BIS has received notice of Tavan’s
conviction for violating 18 U.S.C. 371,
and has provided notice and an
opportunity for Tavan to make a written
submission to BIS, as provided in
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
1 ECRA was enacted as part of the John S. McCain
National Defense Authorization Act for Fiscal Year
2019, and as amended is codified at 50 U.S.C.
4801–4852. Tavan’s conviction post-dates ECRA’s
enactment on August 13, 2018.
VerDate Sep<11>2014
17:18 Jan 07, 2020
Jkt 250001
the ‘‘Regulations’’). 15 CFR 766.25.2 BIS
has received a submission from Tavan.
Based upon my review of the record,
including Tavan’s written submission,
and consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
I have decided to deny Tavan’s export
privileges pursuant to ECRA for a period
of 10 years from the date of Tavan’s
conviction. I have also decided to
revoke any BIS license issued under
ECRA in which Tavan had an interest at
the time of his conviction.
Accordingly, it is hereby Ordered:
First, from the date of this Order until
August 29, 2029, Resit Tavan, with a
last known address of Tatli Su Mah. No.
72/A, Umraniye—Istanbul 34764, 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
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2019). 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 13222 of August 17, 2001
(3 CFR, 2001 Comp. 783 (2002)), which was
extended by successive Presidential Notices,
continued the Regulations in full force and effect
under the International Emergency Economic
Powers Act, 50 U.S.C. 1701, et seq. (2012)
(‘‘IEEPA’’). Section 1768 of ECRA, 50 U.S.C. 4826,
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. See note 1, supra.
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
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, pursuant to Section 1760(e) of
ECRA and Sections 766.23 and 766.25
of the Regulations, any other person,
firm, corporation, or business
organization related to Tavan 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, Tavan 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 Tavan and shall be
published in the Federal Register.
E:\FR\FM\08JAN1.SGM
08JAN1
]]>Agencies
[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Notices]
[Pages 873-874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00044]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 85, No. 5 / Wednesday, January 8, 2020 /
Notices
[[Page 873]]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Edgar Sanchez-Muro, 2065 Camargo Street,
Brownsville, TX 78526; Order Denying Export Privileges
On June 19, 2019, in the U.S. District Court for the Southern
District of Texas, Edgar Sanchez-Muro (``Sanchez-Muro'') was convicted
of violating 18 U.S.C. 554(a). Sanchez-Muro was convicted of knowingly
attempting to export and exporting approximately 980 rounds of 7.62 x
39 mm caliber ammunition from the United States to Mexico, contrary to
Section 38 of the Arms Export Control Act, 22 U.S.C. 2778 (2012).
Sanchez-Muro was sentenced to 12 months and one day in prison and a
$100 special assessment.
Pursuant to Section 1760(e) of the Export Control Reform Act
(``ECRA''),\1\ the export privileges of any person who has been
convicted of certain offenses, including, but not limited to, 18 U.S.C.
554(a), may be denied for a period of up to ten (10) years from the
date of his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). In
addition, any BIS licenses or other authorizations issued under ECRA in
which the person had an interest at the time of the conviction may be
revoked. Id.
---------------------------------------------------------------------------
\1\ ECRA was enacted as part of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019, and as amended is
codified at 50 U.S.C. 4801-4852. Sanchez-Muro's conviction post-
dates ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------
BIS has received notice of Sanchez-Muro's conviction for violating
18 U.S.C. 554(a), and has provided notice and an opportunity for
Sanchez-Muro to make a written submission to BIS, as provided in
Section 766.25 of the Export Administration Regulations (``EAR'' or the
``Regulations''). 15 CFR 766.25.\2\ BIS has not received a submission
from Sanchez-Muro.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2019). 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
13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which was
extended by successive Presidential Notices, continued the
Regulations in full force and effect under the International
Emergency Economic Powers Act, 50 U.S.C. 1701, et seq. (2012)
(``IEEPA''). Section 1768 of ECRA, 50 U.S.C. 4826, 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. See note
1, supra.
---------------------------------------------------------------------------
Based upon my review of the record and consultations with BIS's
Office of Export Enforcement, including its Director, and the facts
available to BIS, I have decided to deny Sanchez-Muro's export
privileges pursuant to ECRA for a period of five (5) years from the
date of Sanchez-Muro's conviction. I have also decided to revoke any
BIS license issued under ECRA in which Sanchez-Muro had an interest at
the time of his conviction.
Accordingly, it is hereby Ordered:
First, from the date of this Order until June 19, 2024, Edgar
Sanchez-Muro, with a last known address of 2065 Camargo Street,
Brownsville, TX 78526, 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, pursuant to Section 1760(e) of ECRA and Sections 766.23 and
766.25 of the Regulations, any other person, firm, corporation, or
business organization related to Sanchez-Muro 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, Sanchez-
Muro may file an appeal of this Order with the Under Secretary of
Commerce for Industry and
[[Page 874]]
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 Sanchez-Muro and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until June 19, 2024.
Issued this 31st day of December 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2020-00044 Filed 1-7-20; 8:45 am]
BILLING CODE 3510-33-P
