In the Matter of: Edgar Sanchez-Muro, 2065 Camargo Street, Brownsville, TX 78526; Order Denying Export Privileges, 873-874 [2020-00044]

Download as PDF 873 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