In the Matter of: Bianca Garcia-Rodriguez, 3134 East 25th Street, Brownsville, TX 78521; Order Denying Export Privileges, 9031-9032 [2022-03417]

Download as PDF Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Notices DEPARTMENT OF COMMERCE Bureau of Industry and Security lotter on DSK11XQN23PROD with NOTICES1 In the Matter of: Luis Martin Camarena, Inmate Number: 19956–480, FCI La Tuna, Federal Correctional Institution, P.O. Box 3000, Anthony, Texas 88021; Order Denying Export Privileges On September 26, 2019, in the U.S. District Court for the Western District of Texas, Luis Martin Camarena (‘‘Camarena’’) was convicted of one count of violating 18 U.S.C. 554(a). Specifically, Camarena was convicted of knowingly and unlawfully concealing, buying, and facilitating the transportation and exportation from the United States to Mexico of two Ruger AR–556 rifles, two Smith and Wesson M&P15 rifles, one Century Arms International Mini-Draco pistol, one Century Arms International C308 rifle, one FNH M249 rifle, and related ammunition. As a result of his conviction, the Court sentenced Camarena to 52 months incarceration, with credit for time served; three years of supervised release; a $5,000 criminal fine; and a $100 court 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). 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 Camarena’s conviction for violating 18 U.S.C. 554. As provided in Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’), BIS provided notice and opportunity for Camarena to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Camarena. 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 Camarena’s export privileges under the Regulations for a period of 10 years from the date of 1 ECRA was enacted on August 13, 2018, 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. 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2021). VerDate Sep<11>2014 17:23 Feb 16, 2022 Jkt 256001 Camarena’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Camarena had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until September 26, 2029, Luis Martin Camarena, with a last known address of Inmate Number: 19956–480, FCI La Tuna, Federal Correctional Institution, P.O. Box 3000, Anthony, Texas 88021, 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, 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 3 The Director, Office of Export Enforcement, is the authorizing official for issuance of denial orders pursuant to recent amendments to the Regulations (85 FR 73411, November 18, 2020). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 9031 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 ECRA and Sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Camarena 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, Camarena 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 Camarena and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until September 26, 2029. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2022–03415 Filed 2–16–22; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Bianca GarciaRodriguez, 3134 East 25th Street, Brownsville, TX 78521; Order Denying Export Privileges On January 8, 2020, in the U.S. District Court for the Southern District of Texas, Bianca Garcia-Rodriguez (‘‘Garcia-Rodriguez’’) was convicted of E:\FR\FM\17FEN1.SGM 17FEN1 9032 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 violating 18 U.S.C. 554(a). Specifically, Garcia-Rodriguez was convicted of knowingly attempting to export from the United States to Mexico approximately 3,600 rounds of .223 caliber ammunition, defense articles on the U.S. Munitions List, 22 CFR part 221, in violation of 18 U.S.C. 554. As a result of her conviction, the Court sentenced Garcia-Rodriguez to three years of probation 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 GarciaRodriguez’s conviction for violating 18 U.S.C. 554 and provided notice and opportunity for Garcia-Rodriguez to make a written submission to BIS, as provided in Section 766.25 of the Export Administration Regulations the ‘‘Regulations’’). 15 CFR 766.25.2 BIS has not received a written submission from Garcia-Rodriguez. 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 GarciaRodriguez’s export privileges under the Regulations for a period of five years from January 8, 2020, the date of GarciaRodriguez’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Garcia-Rodriguez had an interest at the time of her conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until January 8, 2025, Bianca GarciaRodriguez, with a last known address of 3134 East 25th Street, Brownsville, TX 78521, 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 1 ECRA was enacted on August 13, 2018, 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. 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 the authorizing official for the issuance of denial orders pursuant to recent amendments to the Regulations (85 FR 73411, November 18, 2020). VerDate Sep<11>2014 17:23 Feb 16, 2022 Jkt 256001 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 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, PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 maintenance, repair, modification or testing. Third, pursuant to Section 1760(e) of the ECRA (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 Garcia-Rodriguez 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, Garcia-Rodriguez 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 Garcia-Rodriguez and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until January 8, 2025. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2022–03417 Filed 2–16–22; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges; In the Matter of: Luis Curiel-Trevino, Inmate Number: 97081–479, Giles W. Dalby, CI, 805 North Avenue F, Post, TX 79356 On January 14, 2020, in the U.S. District Court for the Southern District of Texas, Luis Curiel-Trevino (‘‘Trevino’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Trevino was convicted for fraudulently and knowingly exporting and causing to export approximately 700 rounds of super .38 caliber ammunition and approximately 100 rounds of .45 caliber auto-ammunition, from the United States to Mexico, without having first obtained the required licenses or written authorization from the Department of State, in violation of 18 U.S.C. 554. Trevino was sentenced to 46 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 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. Trevino’s conviction post-dates ECRA’s enactment on August 13, 2018. E:\FR\FM\17FEN1.SGM 17FEN1

Agencies

[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Notices]
[Pages 9031-9032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03417]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Bianca Garcia-Rodriguez, 3134 East 25th Street, 
Brownsville, TX 78521; Order Denying Export Privileges

    On January 8, 2020, in the U.S. District Court for the Southern 
District of Texas, Bianca Garcia-Rodriguez (``Garcia-Rodriguez'') was 
convicted of

[[Page 9032]]

violating 18 U.S.C. 554(a). Specifically, Garcia-Rodriguez was 
convicted of knowingly attempting to export from the United States to 
Mexico approximately 3,600 rounds of .223 caliber ammunition, defense 
articles on the U.S. Munitions List, 22 CFR part 221, in violation of 
18 U.S.C. 554. As a result of her conviction, the Court sentenced 
Garcia-Rodriguez to three years of probation 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 on August 13, 2018, 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.
---------------------------------------------------------------------------

    BIS received notice of Garcia-Rodriguez's conviction for violating 
18 U.S.C. 554 and provided notice and opportunity for Garcia-Rodriguez 
to make a written submission to BIS, as provided in Section 766.25 of 
the Export Administration Regulations the ``Regulations''). 15 CFR 
766.25.\2\ BIS has not received a written submission from Garcia-
Rodriguez.
---------------------------------------------------------------------------

    \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 Garcia-Rodriguez's export 
privileges under the Regulations for a period of five years from 
January 8, 2020, the date of Garcia-Rodriguez's conviction. The Office 
of Exporter Services has also decided to revoke any BIS-issued licenses 
in which Garcia-Rodriguez had an interest at the time of her 
conviction.\3\
---------------------------------------------------------------------------

    \3\ The Director, Office of Export Enforcement, is the 
authorizing official for the 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 January 8, 2025, Bianca 
Garcia-Rodriguez, with a last known address of 3134 East 25th Street, 
Brownsville, TX 78521, 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 ECRA (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 Garcia-Rodriguez 
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, Garcia-
Rodriguez 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 Garcia-Rodriguez 
and shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until January 8, 2025.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-03417 Filed 2-16-22; 8:45 am]
BILLING CODE 3510-DT-P