, 16579-16580 [2021-06530]
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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
with credit for time served, and
supervised release for two years.
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 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 GonzalezGranados’s conviction for violating 18
U.S.C. 554(a), and has provided notice
and opportunity for Gonzalez-Granados
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 Gonzalez-Granados.
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 GonzalezGranados’s export privileges under the
Regulations for a period of five years
from the date of Gonzalez-Granados’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which GonzalezGranados had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
March 8, 2024, Alonso GonzalezGranados, with a last known address of
jbell on DSKJLSW7X2PROD with NOTICES
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. Gonzalez-Granados’s conviction postdates 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 (2020). 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.
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).
VerDate Sep<11>2014
17:59 Mar 29, 2021
Jkt 253001
Avenida del Aqua #1530, Juarez,
Mexico, 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
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
16579
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 GonzalezGranados 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, Gonzalez-Granados
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 Gonzalez-Granados and
shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until March 9, 2024.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–06542 Filed 3–29–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Mark Anthony Hammond,
11909 Monte Vista Road, Avondale, AZ
85392; Order Denying Export Privileges
On October 3, 2016, in the U.S.
District Court for the District of Arizona,
Mark Anthony Hammond
(‘‘Hammond’’) was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C. 2778) (‘‘AECA’’).
Specifically, Hammond was convicted
of violating Section 38 of the AECA by
knowingly and willfully exporting and
causing to be exported from the United
States to Mexico, five (5) AK–47 Draco
Mini Pistols, and five (5) 30 round
firearms magazines designated as
defense articles on the United States
Munitions List, without the required
U.S. Department of State licenses.
Hammond was sentenced to 27 months
in prison, two years of supervised
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30MRN1
16580
Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
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.
VerDate Sep<11>2014
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
PO 00000
Frm 00006
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.
E:\FR\FM\30MRN1.SGM
30MRN1
]]>Agencies
[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16579-16580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06530]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Mark Anthony Hammond, 11909 Monte Vista Road,
Avondale, AZ 85392; Order Denying Export Privileges
On October 3, 2016, in the U.S. District Court for the District of
Arizona, Mark Anthony Hammond (``Hammond'') was convicted of violating
Section 38 of the Arms Export Control Act (22 U.S.C. 2778) (``AECA'').
Specifically, Hammond was convicted of violating Section 38 of the AECA
by knowingly and willfully exporting and causing to be exported from
the United States to Mexico, five (5) AK-47 Draco Mini Pistols, and
five (5) 30 round firearms magazines designated as defense articles on
the United States Munitions List, without the required U.S. Department
of State licenses. Hammond was sentenced to 27 months in prison, two
years of supervised
[[Page 16580]]
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
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 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
