Order Denying Export Privileges, 16584-16585 [2021-06532]
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16584
Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
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 Kingery’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 Kingery to
make a written submission to BIS. BIS
has received and considered a written
submission from Kingery.
Based upon my review of the record,
including Kingery’s written submission,
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Kingery’s export
privileges under the Regulations for a
period of seven years from the date of
Kingery’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Kingery had an interest at the time of
his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
September 20, 2023, Jean Baptiste
Kingery, with a last known address of
8764 S 48th Avenue, Apt. 1605, Yuma,
AZ 85364, 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
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terms until modified, superseded, set aside, or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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Jkt 253001
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, oration, or business organization
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Fmt 4703
Sfmt 4703
related to Kingery 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, Kingery 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 Kingery and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until September 20, 2023.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–06515 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: Luis Felipe Varela, 4748
N. Mesa Street, Apt. 245, El Paso, TX 79912
On January 28, 2019, in the U.S.
District Court for the Western District of
Texas, Luis Felipe Varela (‘‘Varela’’) was
convicted of violating 18 U.S.C. 554(a).
Specifically, Varela was convicted of
fraudulently and knowingly attempting
to export from the United States to
Mexico two FN M249S, 5.56 caliber
rifles, which are designated as defense
articles on the United States Munitions
List, in violation of 18 U.S.C. 554.
Varela was sentenced to six (6) months
in prison, three years of supervised
release, 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 Bureau of
Industry and Security (BIS) licenses or
other authorizations issued under
ECRA, in which the person had an
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. Varela’s conviction post-dates ECRA’s
enactment on August 13, 2018.
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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
interest at the time of the conviction,
may be revoked. Id.
BIS received notice of Varela’s
conviction for violating 18 U.S.C.
554(a), and has provided notice and
opportunity for Varela 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 Varela.
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 Varela’s export
privileges under the Regulations for a
period of five years from the date of
Varela’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Varela had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
January 28, 2024, Luis Felipe Varela,
with a last known address of 4748 N.
Mesa Street, Apt. 245, El Paso, TX
79912, 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,
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
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 Varela 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.
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Fmt 4703
Sfmt 4703
16585
Fourth, in accordance with Part 756 of
the Regulations, Varela 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 Varela and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until January 28, 2024.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–06532 Filed 3–29–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979, C–570–980]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Notice of Initiation of
Changed Circumstances Reviews, and
Consideration of Revocation of the
Antidumping and Countervailing Duty
Orders in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Based on a request from
SOURCE Global, PBC (SOURCE Global),
the Department of Commerce
(Commerce) is initiating changed
circumstances reviews (CCRs) to
consider the possible revocation, in
part, of the antidumping duty (AD) and
countervailing duty (CVD) orders on
crystalline silicon photovoltaic cells,
whether or not assembled into modules
(solar cells), from the People’s Republic
of China (China) with respect to certain
off-grid small portable crystalline
silicon photovoltaic (CSPV) panels.
SUMMARY:
DATES:
Applicable March 15, 2021.
FOR FURTHER INFORMATION CONTACT:
Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0835.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, Commerce
published AD and CVD orders on solar
E:\FR\FM\30MRN1.SGM
30MRN1
]]>Agencies
[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16584-16585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06532]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry And Security
Order Denying Export Privileges
In the Matter of: Luis Felipe Varela, 4748 N. Mesa Street, Apt.
245, El Paso, TX 79912
On January 28, 2019, in the U.S. District Court for the Western
District of Texas, Luis Felipe Varela (``Varela'') was convicted of
violating 18 U.S.C. 554(a). Specifically, Varela was convicted of
fraudulently and knowingly attempting to export from the United States
to Mexico two FN M249S, 5.56 caliber rifles, which are designated as
defense articles on the United States Munitions List, in violation of
18 U.S.C. 554. Varela was sentenced to six (6) months in prison, three
years of supervised release, 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 Bureau of Industry and Security (BIS) licenses or other
authorizations issued under ECRA, in which the person had an
[[Page 16585]]
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. Varela's conviction post-dates
ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------
BIS received notice of Varela's conviction for violating 18 U.S.C.
554(a), and has provided notice and opportunity for Varela 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 Varela.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 Varela's export privileges
under the Regulations for a period of five years from the date of
Varela's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Varela had an interest at
the time of his 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 January 28, 2024, Luis
Felipe Varela, with a last known address of 4748 N. Mesa Street, Apt.
245, El Paso, TX 79912, 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 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 Varela 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, Varela 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 Varela and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 28, 2024.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-06532 Filed 3-29-21; 8:45 am]
BILLING CODE 3510-DT-P
