Order Denying Export Privileges; In the Matter of: Jesse Cortez-Arguelles, 150 W. Lincoln Street, Apt. A, Tucson, AZ 85714, 78923-78924 [2022-27945]
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Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
TKELLEY on DSK125TN23PROD with NOTICE
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations; or
E. Engage in any transaction to service
any item subject to the EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by Siberian, or
service any item, of whatever origin,
that is owned, possessed or controlled
by Siberian if such service involves the
use of any item subject to the EAR that
has been or will be exported from the
United States except directly related to
safety of flight and authorized by BIS
pursuant to Section 764.3(a)(2) of the
Regulations. For purposes of this
paragraph, servicing means installation,
maintenance, repair, modification, or
testing.
Third, that, after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to Siberian 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 accordance with the provisions of
Sections 766.24(e) of the EAR, Siberian
may, at any time, appeal this Order by
filing a full written statement in support
of the appeal with the Office of the
Administrative Law Judge, U.S. Coast
Guard ALJ Docketing Center, 40 South
Gay Street, Baltimore, Maryland 21202–
4022.
In accordance with the provisions of
Section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. A renewal
request may be opposed by Siberian as
provided in Section 766.24(d), by filing
a written submission with the Assistant
Secretary of Commerce for Export
Enforcement, which must be received
not later than seven days before the
expiration date of the Order.
A copy of this Order shall be provided
to Siberian and shall be published in the
Federal Register.
This Order is effective immediately
and shall remain in effect for 180 days.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2022–27985 Filed 12–22–22; 8:45 am]
BILLING CODE 3510–DT–P
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DEPARTMENT OF COMMERCE
Bureau Of Industry And Security
Order Denying Export Privileges; In the
Matter of: Jesse Cortez-Arguelles, 150
W. Lincoln Street, Apt. A, Tucson, AZ
85714
On November 5, 2020, in the U.S.
District Court for the District of Arizona,
Jesse Cortez-Arguelles (‘‘CortezArguelles’’) was convicted of violating
18 U.S.C. 554(a). Specifically, CortezArguelles was convicted of attempting
to smuggle one 9 mm pistol, two 5.56
caliber rifles, two 9 mm firearm
magazines, two 30-round 5.56 caliber
firearm magazines, 1,030 rounds of 9
mm ammunition, and 1,000 rounds of
10 mm ammunition, in violation of 18
U.S.C. 554. As a result of his conviction,
the Court sentenced Cortez-Arguelles to
36 months of confinement, with credit
for time served, 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 CortezArguelles’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 Cortez-Arguelles to
make a written submission to BIS. 15
CFR 766.25.2 BIS has not received a
written submission from CortezArguelles.
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 CortezArguelles’s export privileges under the
Regulations for a period of 10 years from
the date of Cortez-Arguelles’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which Cortez1 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).
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Sfmt 4703
78923
Arguelles had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
November 5, 2030, Jesse CortezArguelles, with a last known address of
150 W. Lincoln Street, Apt. A, Tucson,
AZ 85714, 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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78924
Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices
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 Cortez-Arguelles 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, Cortez-Arguelles 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 Cortez-Arguelles and shall
be published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until November 5, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022–27945 Filed 12–22–22; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 221208–0263]
TKELLEY on DSK125TN23PROD with NOTICE
RIN 0694–XC094
Impact of the Implementation of the
Chemical Weapons Convention (CWC)
on Legitimate Commercial Chemical,
Biotechnology, and Pharmaceutical
Activities Involving ‘‘Schedule 1’’
Chemicals (Including ‘‘Schedule 1’’
Chemicals Produced as Intermediates)
During Calendar Year 2022
Bureau of Industry and
Security, Commerce.
AGENCY:
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ACTION:
Notice of inquiry.
The Bureau of Industry and
Security is seeking public comments on
the impact that implementation of the
Chemical Weapons Convention, through
the Chemical Weapons Convention
Implementation Act of 1998 and the
Chemical Weapons Convention
Regulations, has had on commercial
activities involving ‘‘Schedule 1’’
chemicals during calendar year 2022.
The purpose of this notice of inquiry is
to collect information to assist BIS in its
preparation of the annual certification to
the Congress on whether the legitimate
commercial activities and interests of
chemical, biotechnology, and
pharmaceutical firms are harmed by
such implementation. This certification
is required under Condition 9 of Senate
Resolution 75 (April 24, 1997), in which
the Senate gave its advice and consent
to the ratification of the Chemical
Weapons Convention.
DATES: Comments must be received by
January 23, 2023.
ADDRESSES: You may submit comments,
identified by regulations.gov docket
number BIS–2022–0033 or by RIN
0694–XC094, using any of the following
methods:
• Federal rulemaking portal (https://
www.regulations.gov). You can find this
notice by searching under its
regulations.gov docket number, which is
BIS–2022–0033;
• Email: PublicComments@
bis.doc.gov. Include RIN 0694–XC094 in
the subject line of the message.
All filers using the portal or email
should use the name of the person or
entity submitting the comments as the
name of their files, in accordance with
the instructions below. Parties
submitting business confidential
information should clearly identify the
business confidential portion at the time
of submission, file a statement justifying
nondisclosure and referring to the
specific legal authority claimed, and
also provide a non-confidential version
of the submission.
For comments (including rebuttal
comments) submitted electronically
containing business confidential
information, the file name of the
business confidential version should
begin with the characters ‘‘BC.’’ Any
page containing business confidential
information must be clearly marked
‘‘BUSINESS CONFIDENTIAL’’ on the
top of that page. The corresponding
non-confidential version of those
comments must be clearly marked
‘‘PUBLIC.’’ The file name of the nonconfidential version should begin with
the character ‘‘P.’’ The ‘‘BC’’ or ‘‘P’’ (as
appropriate) in the file name should be
SUMMARY:
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followed by the name of the person or
entity submitting the comments. Any
submissions with file names that do not
begin with a ‘‘P’’ or ‘‘BC’’ will be
assumed to be public and will be made
publicly available through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
questions on the Chemical Weapons
Convention requirements for ‘‘Schedule
1’’ chemicals, contact Douglas Brown,
Treaty Compliance Division, Office of
Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, U.S. Department of Commerce,
(202) 482–5808, Email: Douglas.Brown@
bis.doc.gov. For questions on the
submission of comments, contact
Willard Fisher, Regulatory Policy
Division, Office of Exporter Services,
Bureau of Industry and Security, U.S.
Department of Commerce, (202) 482–
6057, Email: RPD2@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
In providing its advice and consent to
the ratification of the Convention on the
Prohibition of the Development,
Production, Stockpiling, and Use of
Chemical Weapons and Their
Destruction, commonly called the
Chemical Weapons Convention (CWC or
‘‘the Convention’’), the Senate included,
in Senate Resolution 75 (S. Res. 75,
April 24, 1997), several conditions to its
ratification. Condition 9, titled
‘‘Protection of Advanced
Biotechnology,’’ calls for the President
to certify to Congress on an annual basis
that ‘‘the legitimate commercial
activities and interests of chemical,
biotechnology, and pharmaceutical
firms in the United States are not being
significantly harmed by the limitations
of the Convention on access to, and
production of, those chemicals and
toxins listed in Schedule 1.’’ On July 8,
2004, President George W. Bush, by
Executive Order 13346, delegated his
authority to make the annual
certification to the Secretary of
Commerce.
The CWC is an international arms
control treaty that contains certain
verification provisions. In order to
implement these verification provisions,
the CWC established the Organization
for the Prohibition of Chemical
Weapons (OPCW). In order to achieve
the object and purpose of the
Convention and the implementation of
its provisions, the CWC imposes certain
obligations on countries that have
ratified the Convention (i.e., States
Parties), among which are the enactment
of legislation to prohibit the production,
storage, and use of chemical weapons
E:\FR\FM\23DEN1.SGM
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[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78923-78924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27945]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau Of Industry And Security
Order Denying Export Privileges; In the Matter of: Jesse Cortez-
Arguelles, 150 W. Lincoln Street, Apt. A, Tucson, AZ 85714
On November 5, 2020, in the U.S. District Court for the District of
Arizona, Jesse Cortez-Arguelles (``Cortez-Arguelles'') was convicted of
violating 18 U.S.C. 554(a). Specifically, Cortez-Arguelles was
convicted of attempting to smuggle one 9 mm pistol, two 5.56 caliber
rifles, two 9 mm firearm magazines, two 30-round 5.56 caliber firearm
magazines, 1,030 rounds of 9 mm ammunition, and 1,000 rounds of 10 mm
ammunition, in violation of 18 U.S.C. 554. As a result of his
conviction, the Court sentenced Cortez-Arguelles to 36 months of
confinement, with credit for time served, 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.
---------------------------------------------------------------------------
\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 Cortez-Arguelles'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 Cortez-Arguelles to make a written
submission to BIS. 15 CFR 766.25.\2\ BIS has not received a written
submission from Cortez-Arguelles.
---------------------------------------------------------------------------
\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 Cortez-Arguelles's export
privileges under the Regulations for a period of 10 years from the date
of Cortez-Arguelles's conviction. The Office of Exporter Services has
also decided to revoke any BIS-issued licenses in which Cortez-
Arguelles 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 5, 2030, Jesse
Cortez-Arguelles, with a last known address of 150 W. Lincoln Street,
Apt. A, Tucson, AZ 85714, 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
[[Page 78924]]
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 Cortez-Arguelles 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, Cortez-
Arguelles 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 Cortez-Arguelles
and shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until November 5, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-27945 Filed 12-22-22; 8:45 am]
BILLING CODE 3510-DT-P
