Order Denying Export Privileges; In the Matter of: Nereyda Carrillo-Montes, 304 South 25th Street, Apt. 2, Hidalgo, TX 78557, 69005-69006 [2021-26351]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Notices Exporter Services, including its Director, and the facts available to BIS, I have decided to deny Quiroz’s export privileges under the Regulations for a period of 10 years from the date of Quiroz’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Quiroz had an interest at the time of her conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until September 19, 2029, Nicky Lee Quiroz, with a last known address of Federal Medical Center Carswell, P.O. Box 272137, Fort Worth, Texas 76127, 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 Quiroz 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, Quiroz 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 Quiroz and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until September 19, 2029. John Sonderman, Director, Office of Export Enforcement. 20:32 Dec 03, 2021 Jkt 256001 DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges; In the Matter of: Nereyda Carrillo-Montes, 304 South 25th Street, Apt. 2, Hidalgo, TX 78557 On April 24, 2019, in the U.S. District Court for the Southern District of Texas, Nereyda Carrillo-Montes (‘‘CarrilloMontes’’), was convicted of violating 18 U.S.C. 554(a). Specifically, CarrilloMontes was convicted of fraudulently and knowingly exporting and sending or attempting to export and send from the United States to Mexico, approximately 168 rifle magazines in 7.62 x 39mm caliber and approximately 3,000 rounds of 7.62 x 39mm caliber ammunition, in violation of 18 U.S.C. 554. Carrillo-Montes was sentenced to time served, three years of supervised release including home confinement for six months, 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 CarrilloMontes’s conviction for violating 18 U.S.C. 554, and has provided notice and opportunity for Carrillo-Montes 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 Carrillo-Montes. 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 Carrillo-Montes’s export privileges under the Regulations for a period of five years from the date of Carrillo-Montes’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Carrillo-Montes had [FR Doc. 2021–26354 Filed 12–3–21; 8:45 am] 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. Carrillo-Montes’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). BILLING CODE P 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 69005 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\06DEN1.SGM 06DEN1 khammond on DSKJM1Z7X2PROD with NOTICES 69006 Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Notices an interest at the time of her conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until April 24, 2024, Nereyda CarrilloMontes, with a last known address of 304 South 25th Street, Apt. 2, Hidalgo, TX 78557, 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, 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 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 20:32 Dec 03, 2021 Jkt 256001 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 Carrillo-Montes 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, Carrillo-Montes 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 Carrillo-Montes and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until April 24, 2024. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2021–26351 Filed 12–3–21; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges; In the Matter of: Marco Antonio Sanchez, 6540 Dockberry Circle, Brownsville, TX 78521 On June 16, 2020, in the U.S. District Court for the Southern District of Texas, Marco Antonio Sanchez (‘‘Sanchez’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Sanchez was convicted of knowingly attempting to send or export from the United States to Mexico, one (1) 7.62 x 39 mm caliber PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 pistol, two (2) 7.62 x 39 mm caliber magazines and approximately forty (40) rounds of 7.62 x 39 mmm ammunition, in violation of 18 U.S.C. 554(a). As a result of his conviction, Sanchez was sentenced to 204 days in prison, with credit for time served, two 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 Sanchez’s conviction for violating 18 U.S.C. 554, and has provided notice and opportunity for Sanchez to make a written submission to BIS, as provided in Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’). 15 CFR766.25.2 BIS has not received a written submission from Sanchez. 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 Sanchez’s export privileges under the Regulations for a period of five years from the date of Sanchez’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Sanchez had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until June 16, 2025, Marco Antonio Sanchez, with a last known address of 6540 Dockberry Circle, Brownsville, TX 78521, 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 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. Sanchez’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 Regulations (85 FR 73411, November 18, 2020). E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Notices]
[Pages 69005-69006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26351]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges; In the Matter of: Nereyda 
Carrillo-Montes, 304 South 25th Street, Apt. 2, Hidalgo, TX 78557

    On April 24, 2019, in the U.S. District Court for the Southern 
District of Texas, Nereyda Carrillo-Montes (``Carrillo-Montes''), was 
convicted of violating 18 U.S.C. 554(a). Specifically, Carrillo-Montes 
was convicted of fraudulently and knowingly exporting and sending or 
attempting to export and send from the United States to Mexico, 
approximately 168 rifle magazines in 7.62 x 39mm caliber and 
approximately 3,000 rounds of 7.62 x 39mm caliber ammunition, in 
violation of 18 U.S.C. 554.
    Carrillo-Montes was sentenced to time served, three years of 
supervised release including home confinement for six months, 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. Carrillo-Montes's conviction post-
dates ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------

    BIS received notice of Carrillo-Montes's conviction for violating 
18 U.S.C. 554, and has provided notice and opportunity for Carrillo-
Montes 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 Carrillo-Montes.
---------------------------------------------------------------------------

    \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 Carrillo-Montes's export 
privileges under the Regulations for a period of five years from the 
date of Carrillo-Montes's conviction. The Office of Exporter Services 
has also decided to revoke any BIS-issued licenses in which Carrillo-
Montes had

[[Page 69006]]

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 April 24, 2024, Nereyda 
Carrillo-Montes, with a last known address of 304 South 25th Street, 
Apt. 2, Hidalgo, TX 78557, 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, reexport, or transfer (in-country) 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 Carrillo-Montes 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, Carrillo-
Montes 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 Carrillo-Montes 
and shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until April 24, 2024.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-26351 Filed 12-3-21; 8:45 am]
BILLING CODE 3510-DT-P