In the Matter of: Katherine O'Neal, 4225 East Pikes Peak Ave., Unit #43, Colorado Springs, CO 80909; Order Denying Export Privileges, 51116-51117 [2021-19721]
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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Notices
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interest at the time of the conviction,
may be revoked. Id.
BIS received notice of Ramirez-Rios’s
conviction for violating 18 U.S.C. 554,
and has provided notice and
opportunity for Ramirez-Rios 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 Ramirez-Rios.
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 Ramirez-Rios’s
export privileges under the Regulations
for a period of seven years from the date
of Ramirez-Rios’s conviction. The Office
of Exporter Services has also decided to
revoke any BIS-issued licenses in which
Ramirez-Rios had an interest at the time
of his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
February 26, 2027, Eli Ramirez-Rios,
with a last known address of Honduras
#88 COL, Modelo, Matamoros,
Tamaulipas, MX, 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.
2 The
Regulations are currently codified in the
Code of Federal Regulations at 15 CFR Parts 730–
774 (2021).
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).
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21:55 Sep 13, 2021
Jkt 253001
Second, no person may, directly or
indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) 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 Ramirez-Rios 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, Ramirez-Rios 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 Ramirez-Rios and shall be
published in the Federal Register.
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Fmt 4703
Sfmt 4703
Sixth, this Order is effective
immediately and shall remain in effect
until February 26, 2027.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–19716 Filed 9–13–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Katherine O’Neal, 4225
East Pikes Peak Ave., Unit #43,
Colorado Springs, CO 80909; Order
Denying Export Privileges
On August 30, 2018, in the U.S.
District Court of Colorado, Katherine
O’Neal (‘‘O’Neal’’), was convicted of
violating 18 U.S.C. 554. Specifically,
O’Neal was convicted fraudulently and
knowingly exporting firearms from the
United States to the Dominican
Repubic. O’Neal was sentenced to 36
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, 18 U.S.C.
554, 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 O’Neal’s
conviction for violating 18 U.S.C. 554,
and has provided notice and
opportunity for O’Neal 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 O’Neal.
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 O’Neal’s export
privileges under the Regulations for a
period of seven years from the date of
O’Neal’s conviction. The Office of
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. O’Neal’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).
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tkelley on DSK125TN23PROD with NOTICES
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Notices
Exporter Services has also decided to
revoke any BIS-issued licenses in which
O’Neal had an interest at the time of her
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
August 30, 2025, Katherine O’Neal, with
a last known address of 4225 East Pikes
Peak Avenue, Unit #43, Colorado
Springs, CO 80909, 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).
VerDate Sep<11>2014
21:55 Sep 13, 2021
Jkt 253001
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 O’Neal 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, O’Neal 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 O’Neal and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until August 30, 2025.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–19721 Filed 9–13–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Andy Lloyd
Huebschmann, W1001 County Road
HHH, Chilton, WI 53014; Order Denying
Export Privileges
On December 13, 2019, in the U.S.
District Court for the Eastern District of
Wisconsin, Andy Lloyd Huebschmann
(‘‘Huebschmann’’), was convicted of
violating Section 38 of the Arms Export
Control Act (22 U.S.C 2778) (‘‘AECA’’).
Specifically, Huebschmann was
convicted of knowingly and willfully
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Fmt 4703
Sfmt 4703
51117
exporting and causing to be exported
from the United States to Australia
defense articles, that is a rifle kit
including a Model GA 9mm lower
receiver, upper receiver, barrel, trigger
control group, bolt carrier, and pistol
grip, which were and are designated as
defense articles on the United States
Munitions List, without having first
obtained from the Department of State a
license for such export or written
authorization for such export. As a
result of his conviction, Huebschmann
was sentenced to 24 months in prison,
supervised release for one year, a
criminal fine of $15,000 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 Huebschmann’s
conviction for violating Section 38 of
the AECA, and has provided notice and
opportunity for Huebschmann 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
received and granted Huebschmann’s
requests for additional time, until March
31, 2021 and again until July 16, 2021,
to provide a written response. BIS did
not receive a written submission from
Huebschmann within the allotted time.
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 Huebschmann’s
export privileges under the Regulations
for a period of 10 years from the date of
Huebschmann’s conviction. The Office
of Exporter Services has also decided to
revoke any BIS-issued licenses in which
Huebschmann had an interest at the
time of his conviction.3
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. Huebschmann’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).
3 The Director, Office of Export Enforcement, is
now the authorizing official for issuance of denial
orders, pursuant to recent amendments to the
E:\FR\FM\14SEN1.SGM
Continued
14SEN1
]]>Agencies
[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51116-51117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19721]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Katherine O'Neal, 4225 East Pikes Peak Ave.,
Unit #43, Colorado Springs, CO 80909; Order Denying Export Privileges
On August 30, 2018, in the U.S. District Court of Colorado,
Katherine O'Neal (``O'Neal''), was convicted of violating 18 U.S.C.
554. Specifically, O'Neal was convicted fraudulently and knowingly
exporting firearms from the United States to the Dominican Repubic.
O'Neal was sentenced to 36 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, 18 U.S.C.
554, 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. O'Neal's conviction post-dates
ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------
BIS received notice of O'Neal's conviction for violating 18 U.S.C.
554, and has provided notice and opportunity for O'Neal 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 O'Neal.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2021).
---------------------------------------------------------------------------
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 O'Neal's export privileges
under the Regulations for a period of seven years from the date of
O'Neal's conviction. The Office of
[[Page 51117]]
Exporter Services has also decided to revoke any BIS-issued licenses in
which O'Neal 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 August 30, 2025, Katherine
O'Neal, with a last known address of 4225 East Pikes Peak Avenue, Unit
#43, Colorado Springs, CO 80909, 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 O'Neal 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, O'Neal 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 O'Neal and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until August 30, 2025.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-19721 Filed 9-13-21; 8:45 am]
BILLING CODE 3510-DT-P
