In the Matter of: Sergio Daniel Serrano-Lopez; Inmate Number: 51056-479; Big Spring (Flightline), Correctional Institution, 2001 Rickabaugh Drive, Big Spring, TX 79720; Order Denying Export Privileges, 23921-23922 [2021-09497]
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Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Notices
and sending or attempting to export and
send from the United States to Mexico,
2,080 rounds of 7.62X39mm caliber
ammunition, in violation of 18 U.S.C.
554. Hernandez was sentenced to 27
months in prison, supervised release for
three years, 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, 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 Hernandez’s
conviction for violating 18 U.S.C.
554(a), and has provided notice and
opportunity for Hernandez 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 Hernandez.
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 Hernandez’s
export privileges under the Regulations
for a period of 10 years from the date of
Hernandez’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Hernandez had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
August 29, 2029, Abel Hernandez, Jr.,
with a last known address of 120 Saint
John Drive, Pharr, Texas 78577, 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
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. Hernandez’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 (2020).
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
23:06 May 04, 2021
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, 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
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
23921
person, firm, corporation, or business
organization related to Hernandez 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, Hernandez 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 Hernandez and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until August 29, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–09494 Filed 5–4–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Sergio Daniel SerranoLopez; Inmate Number: 51056–479; Big
Spring (Flightline), Correctional
Institution, 2001 Rickabaugh Drive, Big
Spring, TX 79720; Order Denying
Export Privileges
On August 30, 2019, in the U.S.
District Court for the Southern District
of Texas, Sergio Daniel Serrano-Lopez
(‘‘Serrano-Lopez’’), was convicted of
violating 18 U.S.C. 554(a). Specifically,
Serrano-Lopez was convicted of
fraudulently and knowingly exporting
and sending, or attempting to export
and send from the United States to
Mexico, 4,500 rounds of 7.62x39mm
caliber ammunition; 500 rounds of .38
Super caliber ammunition; one Glock
.40 caliber magazine; three .38 Super
caliber magazines; three MGB .380
caliber magazines; three 9mm Luger
caliber magazines; one Ruger .223
caliber magazine; and three Ruger
7.62x39mm caliber magazines, in
violation of 18 U.S.C. 554. SerranoLopez was sentenced to 40 months in
prison and a $100 assessment.
Pursuant to Section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),1
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. Serrano-Lopez’s conviction post-dates
ECRA’s enactment on August 13, 2018.
E:\FR\FM\05MYN1.SGM
05MYN1
23922
Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Notices
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 SerranoLopez’s conviction for violating 18
U.S.C. 554(a), and has provided notice
and opportunity for Serrano-Lopez 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 Serrano-Lopez.
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 Serrano-Lopez’s
export privileges under the Regulations
for a period of 10 years from the date of
Serrano-Lopez’s conviction. The Office
of Exporter Services has also decided to
revoke any BIS-issued licenses in which
Serrano-Lopez had an interest at the
time of his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
August 30, 2029, Sergio Daniel SerranoLopez, with a last known address of
Inmate Number: 51056–479, Big Spring
(Flightline), Correctional Institution,
2001 Rickabaugh Drive, Big Spring, TX
79720, 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
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR Parts 730–
774 (2020).
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
23:06 May 04, 2021
Jkt 253001
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 Serrano-Lopez 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, Serrano-Lopez may file
an appeal of this Order with the Under
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
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 Serrano-Lopez and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until August 30, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–09497 Filed 5–4–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Mehmet Hakan Atilla,
Millet Cad. No: 26 D:15, Fatih Istanbul,
Turkey and Molla Seref Mah Hikayeci
Sok AZ, Fatih Istanbul, Turkey
Order Denying Export Privileges
On May 16, 2018, in the U.S. District
Court for the Southern District of New
York, Mehmet Hakan Atilla (‘‘Atilla’’)
was convicted of violating the
International Emergency Economic
Powers Act (‘‘IEEPA’’), 50 U.S.C § 1701,
et seq.,by knowingly and willfully
conspiring with others known and
unknown to provide financial services
to Iran and to the Governement of Iran,
without obtaining the required approval
from the Office of Foreign Assets
Control. Atilla was sentenced to 32
months in prison and a special
assessment of $500.
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
1 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 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
E:\FR\FM\05MYN1.SGM
05MYN1
]]>Agencies
[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)]
[Notices]
[Pages 23921-23922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09497]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Sergio Daniel Serrano-Lopez; Inmate Number:
51056-479; Big Spring (Flightline), Correctional Institution, 2001
Rickabaugh Drive, Big Spring, TX 79720; Order Denying Export Privileges
On August 30, 2019, in the U.S. District Court for the Southern
District of Texas, Sergio Daniel Serrano-Lopez (``Serrano-Lopez''), was
convicted of violating 18 U.S.C. 554(a). Specifically, Serrano-Lopez
was convicted of fraudulently and knowingly exporting and sending, or
attempting to export and send from the United States to Mexico, 4,500
rounds of 7.62x39mm caliber ammunition; 500 rounds of .38 Super caliber
ammunition; one Glock .40 caliber magazine; three .38 Super caliber
magazines; three MGB .380 caliber magazines; three 9mm Luger caliber
magazines; one Ruger .223 caliber magazine; and three Ruger 7.62x39mm
caliber magazines, in violation of 18 U.S.C. 554. Serrano-Lopez was
sentenced to 40 months in prison and a $100 assessment.
Pursuant to Section 1760(e) of the Export Control Reform Act
(``ECRA''),\1\
[[Page 23922]]
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.
---------------------------------------------------------------------------
\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. Serrano-Lopez's conviction post-
dates ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------
BIS received notice of Serrano-Lopez's conviction for violating 18
U.S.C. 554(a), and has provided notice and opportunity for Serrano-
Lopez 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 Serrano-Lopez.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR Parts 730-774 (2020).
---------------------------------------------------------------------------
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 Serrano-Lopez's export
privileges under the Regulations for a period of 10 years from the date
of Serrano-Lopez's conviction. The Office of Exporter Services has also
decided to revoke any BIS-issued licenses in which Serrano-Lopez 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 August 30, 2029, Sergio
Daniel Serrano-Lopez, with a last known address of Inmate Number:
51056-479, Big Spring (Flightline), Correctional Institution, 2001
Rickabaugh Drive, Big Spring, TX 79720, 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 Serrano-Lopez 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, Serrano-
Lopez 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 Serrano-Lopez and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until August 30, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-09497 Filed 5-4-21; 8:45 am]
BILLING CODE 3510-DT-P
