In the Matter of:, 2592-2593 [2022-00801]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security

[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Notices]
[Pages 2592-2593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00801]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


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 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.
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    \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 
post-dates ECRA's enactment on August 13, 2018.
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    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.
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    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2021).
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    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\
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    \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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    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:
    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

[[Page 2593]]

organization related to Consuelo Zamarripa 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, Consuelo 
Zamarripa 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 Consuelo 
Zamarripa and shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until September 25, 2024.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-00801 Filed 1-14-22; 8:45 am]
BILLING CODE 3510-DT-P