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]
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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
