Order Denying Export Privileges; In the Matter of: Rene Sarmiento, Inmate Number: 16139-579, FCI Beaumont Low, Federal Correctional Institution, P.O. Box 26020, Beaumont, TX 77720, 75027-75028 [2022-26515]
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ddrumheller on DSK6VXHR33PROD with NOTICES
Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Notices
received a written submission from
Shilman.
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 Shilman’s export
privileges under the Regulations for a
period of seven years from the date of
Shilman’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Shilman had an interest at the time of
his conviction.3
Accordingly, it is hereby Ordered:
First, from the date of this Order until
May 27, 2028, Gene Shilman, with a last
known address of Inmate Number:
72521–050, FCI Danbury, Federal
Correctional Institution, Route 37,
Danbury, CT 06811, 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
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
19:54 Dec 06, 2022
Jkt 259001
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 Shilman 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, Shilman 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 Shilman and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until May 27, 2028.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022–26516 Filed 12–6–22; 8:45 am]
BILLING CODE 3510–DT–P
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75027
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the
Matter of: Rene Sarmiento, Inmate
Number: 16139–579, FCI Beaumont
Low, Federal Correctional Institution,
P.O. Box 26020, Beaumont, TX 77720
On November 19, 2020, in the U.S.
District Court for the Southern District
of Texas, Rene Sarmiento (‘‘Sarmiento’’)
was convicted of violating 18 U.S.C.
554(a). Specifically, Sarmiento was
convicted of fraudulently and
knowingly exporting and sending, or
attempting to export and send from the
United States to Mexico, two DPMS
Panther Arms AR–15 5.56mm caliber
rifles; a Colt, Model Government, 9mm
caliber pistol; and a Colt, Model
Government, 45 caliber pistol, in
violation of 18 U.S.C. 554. As a result
of his conviction, the Court sentenced
Sarmiento to 46 months in prison, three
years 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). 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 Sarmiento’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
Sarmiento to make a written submission
to BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Sarmiento.
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 Sarmiento’s
export privileges under the Regulations
for a period of 10 years from the date of
Sarmiento’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).
E:\FR\FM\07DEN1.SGM
07DEN1
ddrumheller on DSK6VXHR33PROD with NOTICES
75028
Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Notices
Sarmiento had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
November 19, 2030, Rene Sarmiento,
with a last known address of Inmate
Number: 16139–579, FCI Beaumont
Low, Federal Correctional Institution,
P.O. Box 26020, Beaumont, TX 77720,
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;
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
19:54 Dec 06, 2022
Jkt 259001
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 Sarmiento 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, Sarmiento 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 Sarmiento and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until November 19, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022–26515 Filed 12–6–22; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Tian Min Wu, Room
10–7–401 Kangjiayuan, Gaobeidian
North Road, Chaoyang District,
Beijing, China 100025; Order Denying
Export Privileges
On June 9, 2021, in the U.S. District
Court for the Central District of
California, Tian Min Wu (‘‘Wu’’) was
convicted of violating section 38 of the
Arms Export Control Act (22 U.S.C
2778) (‘‘AECA’’). Specifically, Wu was
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Frm 00007
Fmt 4703
Sfmt 4703
convicted of knowingly and willfully
soliciting the export of, attempting to
export and causing others to export from
the United States, a Decoder, a defense
article as defined in Category XI of the
United States Munition List, without
first obtaining from the U.S. Department
of State a license for such export or
written approval. As a result of his
conviction, the Court sentenced Wu to
52 months or time served in prison,
three years of supervised release and a
$100 assessment.
Pursuant to section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, section 38
of the AECA, may be denied for a period
of up to ten (10) years from the date of
his/her conviction. See 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 Wu’s
conviction for violating section 38 of the
AECA. BIS provided notice and
opportunity for Wu to make a written
submission to BIS, as provided in
section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’). 15 CFR 766.25.1 BIS
has not received and considered a
written submission from Wu.
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 Wu’s export
privileges under the Regulations for a
period of 10 years from the date of Wu’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which Wu had an
interest at the time of his conviction.2
Accordingly, it is hereby ordered:
First, from the date of this Order until
June 9, 2031, Tian Min Wu, with a last
known address of Room 10–7–401
Kangjiayuan, Gaobeidian North Road,
Chaoyang District, Beijing, China
100025, 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
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730
through 774 (2022).
2 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).
E:\FR\FM\07DEN1.SGM
07DEN1
]]>Agencies
[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75027-75028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26515]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the Matter of: Rene
Sarmiento, Inmate Number: 16139-579, FCI Beaumont Low, Federal
Correctional Institution, P.O. Box 26020, Beaumont, TX 77720
On November 19, 2020, in the U.S. District Court for the Southern
District of Texas, Rene Sarmiento (``Sarmiento'') was convicted of
violating 18 U.S.C. 554(a). Specifically, Sarmiento was convicted of
fraudulently and knowingly exporting and sending, or attempting to
export and send from the United States to Mexico, two DPMS Panther Arms
AR-15 5.56mm caliber rifles; a Colt, Model Government, 9mm caliber
pistol; and a Colt, Model Government, 45 caliber pistol, in violation
of 18 U.S.C. 554. As a result of his conviction, the Court sentenced
Sarmiento to 46 months in prison, three years 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). 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 Sarmiento'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 Sarmiento to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a written submission from Sarmiento.
---------------------------------------------------------------------------
\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 Sarmiento's export privileges
under the Regulations for a period of 10 years from the date of
Sarmiento's conviction. The Office of Exporter Services has also
decided to revoke any BIS-issued licenses in which
[[Page 75028]]
Sarmiento 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 November 19, 2030, Rene
Sarmiento, with a last known address of Inmate Number: 16139-579, FCI
Beaumont Low, Federal Correctional Institution, P.O. Box 26020,
Beaumont, TX 77720, 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 Sarmiento 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, Sarmiento
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 Sarmiento and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until November 19, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-26515 Filed 12-6-22; 8:45 am]
BILLING CODE 3510-DT-P
