Order Denying Export Privileges, 16580-16581 [2021-06528]
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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
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release, and a $100 assessment.
Hammond also was placed on the U.S.
Department of State debarred list.
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 Export
Enforcement, in consultation with the
Director of [BIS’s] Office of Exporter
Services, may deny the export privileges
of any person who has been convicted
of a violation of any of the statutes set
forth at 50 U.S.C. 4819(e)(1)(B),’’ 2
including section 38 of the AECA (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).3 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.4
BIS received notice of Hammond’s
conviction for violating Section 38 of
the AECA, and pursuant to Section
766.25 of the Regulations, has provided
notice and an opportunity for Hammond
to make a written submission to BIS. To
date, BIS has not received a written
submission from Hammond.
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2021). 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 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’’). 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, 50 U.S.C. 4801–4852 (‘‘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 The Director, Office of Export Enforcement, is
now the authorizing official for issuance of denial
orders, pursuant to recent amendments to the
Regulations (85 FR 73411, November 18, 2020).
3 See also Section 11(h) of the EAA, 50 U.S.C.
4610(h) (Supp. III 2015); Sections 1760(e) and 1768
of ECRA, 50 U.S.C. 4819 and 4826; and note 1,
supra.
4 See notes 1 and 3, supra.
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17:59 Mar 29, 2021
Jkt 253001
Based upon my review and
consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Hammond’s
export privileges under the Regulations
for a period of seven years from the date
of Hammond’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Hammond had an interest at the time of
his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
October 3, 2023, Mark Anthony
Hammond, with a last known address of
11909 Monte Vista Road, Avondale, AZ
85392, 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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Fmt 4703
Sfmt 4703
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 Hammond 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, Hammond 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 Hammond and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until October 3, 2023.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–06530 Filed 3–29–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Claudia Guerra), Inmate
Number: 15751–479, Federal Prison Camp
Bryan, P.O. Box 2149, Bryan, Texas 77805.
On February 12, 2019 in the U.S.
District Court for the Southern District
of Texas, Claudia Guerra (‘‘Guerra’’) was
convicted of violating Section 38 of the
Arms Export Control Act, 22 U.S.C.A.
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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
2778 (‘‘AECA’’). Specifically, Guerra
was convicted of knowingly and
willfully attempting to export from the
United States to Mexico, 18 boxes of
1,020 rounds of 7.62 x 39mm caliber
ammunition which were designated as
defense articles on the United States
Munitions List, without the required
U.S. Department of State licenses.
Guerra was sentenced to 48 months in
prison, three years of supervised release,
and a $100 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, Section 38
of the AECA, 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
Bureau of Industry and Security (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 received notice of Guerra’s
conviction for violating Section 38 of
the AECA and has provided notice and
opportunity for Guerra 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 written submission
from Guerra.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Guerra’s export
privileges under the Regulations for a
period of 10 years from the date of
Guerra’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
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. Guerra’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 (2021). 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 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, above.
VerDate Sep<11>2014
17:59 Mar 29, 2021
Jkt 253001
Guerra had an interest at the time of her
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
February 12, 2029, Claudia Guerra, with
a last known address of Inmate Number:
15751–479, Federal Prison Camp Bryan,
P.O. Box 2149, Bryan, Texas 77805, and
when acting for or on her behalf, her
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
3 The Director, Office of Export Enforcement is
now the authorizing official for issuance of denial
orders, pursuant to recent amendments to the
Regulations (85 FR 73411, November 18, 2020).
PO 00000
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Fmt 4703
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16581
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
the Export Control Reform Act (50
U.S.C. 4819(e)) and Sections 766.23 and
766.25 of the Regulations, any other
person, firm, corporation, or business
organization related to Guerra 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, Guerra 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 Guerra and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until February 12, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–06528 Filed 3–29–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 210325–0067]
RIN 0694–XC075
Virtual Forum for Risks in the
Semiconductor Manufacturing and
Advanced Packaging Supply Chain
Bureau of Industry and
Security, Office of Technology
Evaluation, U.S. Department of
Commerce.
ACTION: Notice of virtual forum.
AGENCY:
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]]>Agencies
[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16580-16581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06528]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Claudia Guerra), Inmate Number: 15751-479,
Federal Prison Camp Bryan, P.O. Box 2149, Bryan, Texas 77805.
On February 12, 2019 in the U.S. District Court for the Southern
District of Texas, Claudia Guerra (``Guerra'') was convicted of
violating Section 38 of the Arms Export Control Act, 22 U.S.C.A.
[[Page 16581]]
2778 (``AECA''). Specifically, Guerra was convicted of knowingly and
willfully attempting to export from the United States to Mexico, 18
boxes of 1,020 rounds of 7.62 x 39mm caliber ammunition which were
designated as defense articles on the United States Munitions List,
without the required U.S. Department of State licenses. Guerra was
sentenced to 48 months in prison, three years of supervised release,
and a $100 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, Section
38 of the AECA, 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 Bureau of Industry and Security (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. Guerra's conviction post-dates
ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------
BIS received notice of Guerra's conviction for violating Section 38
of the AECA and has provided notice and opportunity for Guerra 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 written submission from Guerra.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2021). 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 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, above.
---------------------------------------------------------------------------
Based upon my review of the record and consultations with BIS's
Office of Exporter Services, including its Director, and the facts
available to BIS, I have decided to deny Guerra's export privileges
under the Regulations for a period of 10 years from the date of
Guerra's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Guerra had an interest at
the time of her conviction.\3\
---------------------------------------------------------------------------
\3\ The Director, Office of Export Enforcement is now the
authorizing official for issuance of denial orders, pursuant to
recent amendments to the Regulations (85 FR 73411, November 18,
2020).
---------------------------------------------------------------------------
Accordingly, it is hereby ordered:
First, from the date of this Order until February 12, 2029, Claudia
Guerra, with a last known address of Inmate Number: 15751-479, Federal
Prison Camp Bryan, P.O. Box 2149, Bryan, Texas 77805, and when acting
for or on her behalf, her 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 the Export Control Reform Act
(50 U.S.C. 4819(e)) and Sections 766.23 and 766.25 of the Regulations,
any other person, firm, corporation, or business organization related
to Guerra 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, Guerra 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 Guerra and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until February 12, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-06528 Filed 3-29-21; 8:45 am]
BILLING CODE 3510-DT-P
