Order Denying Export Privileges; In the Matter of: Mehdi Hashemi, a/k/a Eddie Hashemi, 10390 Wilshire Boulevard, Apartment 907, Los Angeles, CA 90024, 60372-60373 [2022-21598]
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Federal Register / Vol. 87, No. 192 / Wednesday, October 5, 2022 / Notices
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
jspears on DSK121TN23PROD with NOTICES
Order Denying Export Privileges; In the
Matter of: Tito Calderon Olvera, 5282
Murfreesboro Rd., La Vergne, TN 37086
On February 26, 2020, in the U.S.
District Court for the Western District of
Texas, Tito Calderon Olvera (‘‘Olvera’’)
was convicted of violating 18 U.S.C.
554(a). Specifically, Olvera was
convicted of knowingly and unlawfully
attempting to export from the United
States to Mexico, a firearm, namely a
Glock ‘‘GEN 4,’’ .45 caliber handgun
bearing serial number ‘‘YBX379;’’ five
Glock magazines; and multiple rounds
of .45 caliber ammunition, which are
firearms as defined by the United States
Munitions List, in violation of 18 U.S.C.
554. As a result of his conviction, the
Court sentenced Olvera to 18 months
with credit for time served and three
years of supervised release.
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 Olvera’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
Olvera to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Olvera.
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 Olvera’s export
privileges under the Regulations for a
period of five years from the date of
Olvera’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
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 (2022).
VerDate Sep<11>2014
18:05 Oct 04, 2022
Jkt 259001
Olvera 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, 2025, Tito Calderon
Olvera, with a last known address of
5282 Murfreesboro Rd., La Vergne, TN
37086, 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
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
the authorizing official for issuance of denial orders
pursuant to amendments to the Regulations (85 FR
73411, November 18, 2020).
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Frm 00008
Fmt 4703
Sfmt 4703
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 Olvera 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, Olvera 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 Olvera and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until February 26, 2025.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022–21600 Filed 10–4–22; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the
Matter of: Mehdi Hashemi, a/k/a Eddie
Hashemi, 10390 Wilshire Boulevard,
Apartment 907, Los Angeles, CA 90024
On July 6, 2020, in the U.S. District
Court for the Central District of
California, Mehdi Hashemi, a/k/a Eddie
Hashemi (‘‘Hashemi’’), was convicted of
violating the International Emergency
Economic Powers Act (50 U.S.C. 1701,
et seq.) (‘‘IEEPA’’). Specifically,
Hashemi was convicted of knowingly
and willfully attempting to export
E:\FR\FM\05OCN1.SGM
05OCN1
Federal Register / Vol. 87, No. 192 / Wednesday, October 5, 2022 / Notices
jspears on DSK121TN23PROD with NOTICES
Computer Numerical Control (‘‘CNC’’)
machines 1 from the United States to
Iran via the United Arab Emirates, a
third country, in violation of the
regulations that apply to exports to Iran.
Hashemi did so without first having
applied for obtained, from either the
Bureau of Industry and Security or the
U.S. Department of Treasury’s Office of
Foreign Assets Control, a license or
authorization for such export. As a
result of his conviction, the Court
sentenced Hashemi to 367 days
incarceration, three years of supervised
release, and a $100 court assessment.
Pursuant to section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),2
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, IEEPA,
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 Hashemi’s
conviction for violating IEEPA, and has
provided notice and opportunity for
Hashemi to make a written submission
to BIS, as provided in Section 766.25 of
the Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’). 15 CFR
766.25.3 BIS has not received a written
submission from Hashemi.
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 Hashemi’s
export privileges under the Regulations
for a period of 10 years from the date of
Hashemi’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Hashemi had an interest at the time of
his conviction.4
Accordingly, it is hereby ordered:
First, from the date of this Order until
July 6, 2030, Mehdi Hashemi, a/k/a
Eddie Hashemi, with a last known
address of, 10390 Wilshire Boulevard,
Apartment 907, Los Angeles, CA 90024,
1 The CNC machines were classified under Export
Control Classification numbers 2B202, 2B991, and
EAR99.
2 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.
3 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2022).
4 The Director, Office of Export Enforcement, is
the authorizing official for issuance of denial
orders, pursuant to amendments to the Regulations
(85 FR 73411, November 18, 2020).
VerDate Sep<11>2014
18:05 Oct 04, 2022
Jkt 259001
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
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
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
60373
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 Hashemi 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, Hashemi 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 Hashemi and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until July 6, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022–21598 Filed 10–4–22; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the
Matter of: Bryan Villanueva-Valles,
Inmate Number: 37368–480, FCI
Herlong, Federal Correctional
Institution, P.O. Box 800, Herlong, CA
96113
On January 10, 2020, in the U.S.
District Court for the Western District of
Texas, Bryan Villanueva-Valles
(‘‘Villanueva-Valles’’) was convicted of
violating 18 U.S.C. 554(a). Specifically,
Villanueva-Valles was convicted of
knowingly and unlawfully attempting to
export, send, conceal and facilitate the
transportation and concealment of
various rifles and handguns from the
United States to Mexico, in violation of
18 U.S.C. 554. As a result of his
conviction, the Court sentenced
Villanueva-Valles to 108 months in
prison, three years of supervised release,
$300 assessment and a forfeiture of
$11,900.00.
E:\FR\FM\05OCN1.SGM
05OCN1
]]>Agencies
[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Pages 60372-60373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21598]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the Matter of: Mehdi Hashemi,
a/k/a Eddie Hashemi, 10390 Wilshire Boulevard, Apartment 907, Los
Angeles, CA 90024
On July 6, 2020, in the U.S. District Court for the Central
District of California, Mehdi Hashemi, a/k/a Eddie Hashemi
(``Hashemi''), was convicted of violating the International Emergency
Economic Powers Act (50 U.S.C. 1701, et seq.) (``IEEPA'').
Specifically, Hashemi was convicted of knowingly and willfully
attempting to export
[[Page 60373]]
Computer Numerical Control (``CNC'') machines \1\ from the United
States to Iran via the United Arab Emirates, a third country, in
violation of the regulations that apply to exports to Iran. Hashemi did
so without first having applied for obtained, from either the Bureau of
Industry and Security or the U.S. Department of Treasury's Office of
Foreign Assets Control, a license or authorization for such export. As
a result of his conviction, the Court sentenced Hashemi to 367 days
incarceration, three years of supervised release, and a $100 court
assessment.
---------------------------------------------------------------------------
\1\ The CNC machines were classified under Export Control
Classification numbers 2B202, 2B991, and EAR99.
---------------------------------------------------------------------------
Pursuant to section 1760(e) of the Export Control Reform Act
(``ECRA''),\2\ the export privileges of any person who has been
convicted of certain offenses, including, but not limited to, IEEPA,
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.
---------------------------------------------------------------------------
\2\ 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 Hashemi's conviction for violating IEEPA,
and has provided notice and opportunity for Hashemi 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.\3\ BIS has not received a written submission from Hashemi.
---------------------------------------------------------------------------
\3\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2022).
---------------------------------------------------------------------------
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 Hashemi's export privileges
under the Regulations for a period of 10 years from the date of
Hashemi's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Hashemi had an interest at
the time of his conviction.\4\
---------------------------------------------------------------------------
\4\ The Director, Office of Export Enforcement, is the
authorizing official for issuance of denial orders, pursuant to
amendments to the Regulations (85 FR 73411, November 18, 2020).
---------------------------------------------------------------------------
Accordingly, it is hereby ordered:
First, from the date of this Order until July 6, 2030, Mehdi
Hashemi, a/k/a Eddie Hashemi, with a last known address of, 10390
Wilshire Boulevard, Apartment 907, Los Angeles, CA 90024, 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 (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 Hashemi 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, Hashemi 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 Hashemi and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until July 6, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-21598 Filed 10-4-22; 8:45 am]
BILLING CODE 3510-DT-P
