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, 60373-60374 [2022-21601]

Download as PDF 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 60374 Federal Register / Vol. 87, No. 192 / Wednesday, October 5, 2022 / Notices jspears on DSK121TN23PROD with NOTICES 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 VillanuevaValles’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 Villanueva-Valles to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from VillanuevaValles. 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 VillanuevaValles’s export privileges under the Regulations for a period of 10 years from the date of Villanueva-Valles’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Villanueva-Valles had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until January 10, 2030, Bryan VillanuevaValles, with a last known address of Inmate Number: 37368–480, FCI Herlong, Federal Correctional Institution, P.O. Box 800, Herlong, CA 96113, 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: 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). 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). VerDate Sep<11>2014 18:05 Oct 04, 2022 Jkt 259001 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 ECRA and Sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Villanueva- PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Valles 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, Villanueva-Valles 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 Villanueva-Valles and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until January 10, 2030. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2022–21601 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: Jose Luis Arevalo-Gonzalez, Inmte Number: 94655–479, MCFP Springfield, Federal Medical Center, P.O. Box 4000, Springfield, MO 65801 On January 6, 2020, in the U.S. District Court for the Southern District of Texas, Jose Luis Arevalo-Gonzalez (‘‘Arevalo-Gonzalez’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Arevalo-Gonzalez was convicted of fraudulently and knowingly attempting to export from the United States to Mexico: one (1) Barret .50 caliber bolt; three (3) FA Cugir Romanian AK47; Seven (7) Century Arms VSKA AK47; one (1) Century Arms WASR AK47; and eighty-five (85) assorted magazines, all in violation of 18 U.S.C. 554. As a result of his conviction, the Court sentenced Arevalo-Gonzalez to 57 months in prison, three years of supervised release, 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) (Prior Convictions). In addition, any Bureau of Industry and Security (BIS) licenses or 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. E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Pages 60373-60374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21601]


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

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.

[[Page 60374]]

    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.
---------------------------------------------------------------------------

    \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 Villanueva-Valles'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 Villanueva-Valles to make a written 
submission to BIS. 15 CFR 766.25.\2\ BIS has not received a written 
submission from Villanueva-Valles.
---------------------------------------------------------------------------

    \2\ 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 Villanueva-Valles's export 
privileges under the Regulations for a period of 10 years from the date 
of Villanueva-Valles's conviction. The Office of Exporter Services has 
also decided to revoke any BIS-issued licenses in which Villanueva-
Valles had an interest at the time of his conviction.\3\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    Accordingly, it is hereby ordered:
    First, from the date of this Order until January 10, 2030, Bryan 
Villanueva-Valles, with a last known address of Inmate Number: 37368-
480, FCI Herlong, Federal Correctional Institution, P.O. Box 800, 
Herlong, CA 96113, 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 ECRA and Sections 766.23 and 
766.25 of the Regulations, any other person, firm, corporation, or 
business organization related to Villanueva-Valles 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, Villanueva-
Valles 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 Villanueva-Valles 
and shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until January 10, 2030.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-21601 Filed 10-4-22; 8:45 am]
BILLING CODE 3510-DT-P
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