In the Matter of: Mauricio Martell, 7214 N 37th Lane, McAllen, TX 78504; Order Denying Export Privileges, 75030-75031 [2022-26519]
Download as PDF
<![CDATA[
ddrumheller on DSK6VXHR33PROD with NOTICES
75030
Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Notices
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
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 Komoroski by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
VerDate Sep<11>2014
19:54 Dec 06, 2022
Jkt 259001
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with part 756 of
the Regulations, Komoroski 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 Komoroski and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until February 14, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022–26517 Filed 12–6–22; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Mauricio Martell, 7214
N 37th Lane, McAllen, TX 78504; Order
Denying Export Privileges
On January 14, 2020, in the U.S.
District Court for the Southern District
of Texas, Mauricio Martell (‘‘Martell’’)
was convicted of violating 18 U.S.C.
554(a). Specifically, Martell was
convicted of fraudulently and
knowingly exporting and sending or
attempting to export and send from the
United States to Mexico (1) a
Bushmaster, Model XM15–E2S, multi
caliber rifle and (2) a Barrett, Model
82A1, .50 caliber rifle, in violation of 18
U.S.C. 554. As a result of his conviction,
the Court sentenced Martell to 46
months in prison, three years of
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 Martell’s
conviction for violating 18 U.S.C. 554.
As provided in section 766.25 of the
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.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’), BIS
provided notice and opportunity for
Martell to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Martell.
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 Martell’s export
privileges under the Regulations for a
period of 10 years from the date of
Martell’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Martell had an interest at the time of his
conviction.3
Accordingly, it is hereby Ordered:
First, from the date of this Order until
January 14, 2030, Mauricio Martell, with
a last known address of 7214 N 37th
Lane, McAllen, TX 78504, 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;
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730
through 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).
E:\FR\FM\07DEN1.SGM
07DEN1
ddrumheller on DSK6VXHR33PROD with NOTICES
Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Notices
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 Martell 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, Martell 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 Martell and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until January 14, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022–26519 Filed 12–6–22; 8:45 am]
BILLING CODE 3510–DT–P
VerDate Sep<11>2014
19:54 Dec 06, 2022
Jkt 259001
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the
Matter of: Jacqueline Castro-Aguilera,
206 King Street, Gruver, TX 79040
On February 25, 2019, in the U.S.
District Court for the District of New
Mexico, Jacqueline Castro-Aguilera
(‘‘Castro-Aguilera’’) was convicted of
violating 18 U.S.C. 554(a). Specifically,
Castro-Aguilera was convicted of
fraudulently and knowingly attempting
to export and send to Mexico,
approximately 1000 rounds of .223
caliber ammunition, in violation of 18
U.S.C. 554. As a result of her conviction,
the Court sentenced Castro-Aguilera to
33 months of confinement, three years
of supervised release, and a $100 special
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 CastroAguilera’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 Castro-Aguilera to make
a written submission to BIS. 15 CFR
766.25.2 BIS has not received a written
submission from Castro-Aguilera.
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 Castro-Aguilera’s
export privileges under the Regulations
for a period of seven years from the date
of Castro-Aguilera’s conviction. The
Office of Exporter Services has also
decided to revoke any BIS-issued
licenses in which Castro-Aguilera had
an interest at the time of her
conviction.3
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
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
75031
Accordingly, it is hereby ordered:
First, from the date of this Order until
February 25, 2026, Jacqueline CastroAguilera, with a last known address of
206 King Street, Gruver, TX 79040, 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 (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
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 75030-75031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26519]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Mauricio Martell, 7214 N 37th Lane, McAllen, TX
78504; Order Denying Export Privileges
On January 14, 2020, in the U.S. District Court for the Southern
District of Texas, Mauricio Martell (``Martell'') was convicted of
violating 18 U.S.C. 554(a). Specifically, Martell was convicted of
fraudulently and knowingly exporting and sending or attempting to
export and send from the United States to Mexico (1) a Bushmaster,
Model XM15-E2S, multi caliber rifle and (2) a Barrett, Model 82A1, .50
caliber rifle, in violation of 18 U.S.C. 554. As a result of his
conviction, the Court sentenced Martell to 46 months in prison, three
years of 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 Martell'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 Martell to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a written submission from Martell.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730 through 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 Martell's export privileges
under the Regulations for a period of 10 years from the date of
Martell's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Martell 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 14, 2030, Mauricio
Martell, with a last known address of 7214 N 37th Lane, McAllen, TX
78504, 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;
[[Page 75031]]
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 Martell 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, Martell 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 Martell and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 14, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-26519 Filed 12-6-22; 8:45 am]
BILLING CODE 3510-DT-P
