In the Matter of: Ernestina Hernandez-Juarez, 208 E Martinez Street, Pharr, TX 78577; Order Denying Export Privileges, 2591-2592 [2022-00800]
Download as PDF
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Notices
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 Rodriguez-Solis
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, Rodriguez-Solis 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 Rodriguez-Solis and shall
be published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until October 17, 2024.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022–00799 Filed 1–14–22; 8:45 am]
BILLING CODE 3510–DT–P
VerDate Sep<11>2014
17:00 Jan 14, 2022
Jkt 256001
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Ernestina HernandezJuarez, 208 E Martinez Street, Pharr,
TX 78577; Order Denying Export
Privileges
On June 25, 2019, in the U.S. District
Court for the Southern District of Texas,
Ernestina Hernandez-Juarez
(‘‘Hernandez-Juarez’’) was convicted of
violating 18 U.S.C. 554(a). Specifically,
Hernandez-Juarez was convicted of
fraudulently and knowingly exporting
and sending or attempting to export and
send from the United States to Mexico,
40 Level III AR500 steel body armor
plates. Hernandez-Juarez was sentenced
to 18 months in prison 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 HernandezJuarez’s conviction for violating 18
U.S.C. 554, and has provided notice and
opportunity for Hernandez-Juarez 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-Juarez.
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 HernandezJuarez’s export privileges under the
Regulations for a period of 10 years from
the date of Hernandez-Juarez’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which
Hernandez-Juarez had an interest at the
time of her 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. Hernandez-Juarez’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 (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).
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
2591
Accordingly, it is hereby ordered:
First, from the date of this Order until
June 25, 2029, Ernestina HernandezJuarez, with a last known address of 208
E Martinez Street, Pharr, TX 78577, 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
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
E:\FR\FM\18JAN1.SGM
18JAN1
2592
Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Notices
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 HernandezJuarez 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-Juarez 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-Juarez and shall
be published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until June 25, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022–00800 Filed 1–14–22; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
khammond on DSKJM1Z7X2PROD with NOTICES
In the Matter of: Consuelo Teresita
Zamarripa, a/k/a Consuelo Teresita
Ramirez, 4984 N FM 755, Rio Grande
City, TX 78582–9309; Order Denying
Export Privileges
On September 25, 2019, in the U.S.
District Court for the Southern District
of Texas, Consuelo Teresita Zamarripa,
a/k/a Consuelo Teresita Ramirez
(‘‘Consuelo Zamarripa’’), was convicted
of violating 18 U.S.C. 554(a).
Specifically, Consuelo Zamarripa was
convicted of fraudulently and
knowingly exporting and sending 2,000
rounds of 7.62 x 39 mm caliber
ammunition from the United States to
Mexico, in violation of 18 U.S.C. 554.
As a result of her conviction, the Court
sentenced Consuelo Zamarripa to 37
VerDate Sep<11>2014
17:00 Jan 14, 2022
Jkt 256001
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 Consuelo
Zamarripa’s conviction for violating 18
U.S.C. 554, and has provided notice and
opportunity for Consuelo Zamarripa 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 Consuelo Zamarripa.
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 Consuelo
Zamarripa’s export privileges under the
Regulations for a period of five (5) years
from the date of Consuelo Zamarripa’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which Consuelo
Zamarripa had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
September 25, 2024, Consuelo Teresita
Zamarripa, a/k/a Consuelo Teresita
Ramirez, with a last known address of
4984 N FM 755, Rio Grande City, TX
78582–9309, 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:
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. Consuelo Zamarripa’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 (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).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
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
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
E:\FR\FM\18JAN1.SGM
18JAN1
Agencies
[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Notices]
[Pages 2591-2592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00800]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Ernestina Hernandez-Juarez, 208 E Martinez
Street, Pharr, TX 78577; Order Denying Export Privileges
On June 25, 2019, in the U.S. District Court for the Southern
District of Texas, Ernestina Hernandez-Juarez (``Hernandez-Juarez'')
was convicted of violating 18 U.S.C. 554(a). Specifically, Hernandez-
Juarez was convicted of fraudulently and knowingly exporting and
sending or attempting to export and send from the United States to
Mexico, 40 Level III AR500 steel body armor plates. Hernandez-Juarez
was sentenced to 18 months in prison 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. Hernandez-Juarez's conviction post-
dates ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------
BIS received notice of Hernandez-Juarez's conviction for violating
18 U.S.C. 554, and has provided notice and opportunity for Hernandez-
Juarez 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-Juarez.
---------------------------------------------------------------------------
\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 Hernandez-Juarez's export
privileges under the Regulations for a period of 10 years from the date
of Hernandez-Juarez's conviction. The Office of Exporter Services has
also decided to revoke any BIS-issued licenses in which Hernandez-
Juarez 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 June 25, 2029, Ernestina
Hernandez-Juarez, with a last known address of 208 E Martinez Street,
Pharr, TX 78577, 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
[[Page 2592]]
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 Hernandez-Juarez 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-
Juarez 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-Juarez
and shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until June 25, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-00800 Filed 1-14-22; 8:45 am]
BILLING CODE 3510-DT-P