In the Matter of: Nathan Christopher Ball, 6601 Fountain Hills Place, El Paso, TX 79932; Order Denying Export Privileges, 1353-1354 [2023-00276]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 88, No. 6 / Tuesday, January 10, 2023 / Notices 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 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, VerDate Sep<11>2014 17:32 Jan 09, 2023 Jkt 259001 servicing means installation, maintenance, repair, modification or testing. Third, pursuant to Section 1760(e) of ECRA (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 Veletanlic 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, Veletanlic 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 Veletanlic and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until January 27, 2030. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–00272 Filed 1–9–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–42–2022] Foreign-Trade Zone (FTZ) 153—San Diego, California; Authorization of Production Activity; Ajinomoto BioPharma Services (Pharmaceutical Products), San Diego, California On September 7, 2022, the City of San Diego, grantee of FTZ 153, submitted a notification of proposed production activity to the FTZ Board on behalf of Ajinomoto Bio-Pharma Services, within FTZ 153, in San Diego, California. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (87 FR 56626, September 15, 2022). On January 5, 2023, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 1353 Dated: January 5, 2023. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2023–00307 Filed 1–9–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Nathan Christopher Ball, 6601 Fountain Hills Place, El Paso, TX 79932; Order Denying Export Privileges On November 6, 2019, in the U.S. District Court for the District of New Mexico, Nathan Christopher Ball (‘‘Ball’’) was convicted of violating 18 U.S.C. 371 and 18 U.S.C. 554(a). Specifically, Ball was convicted of conspiring to smuggle from the US to Mexico, firearms and ammunition without the required license or written authorization. As a result of his conviction, the Court sentenced Ball to 27 months of confinement, two years of supervised release, $300 assessment and $50,000 criminal fine. 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. 371 and 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 Ball’s conviction for violating 18 U.S.C. 371 and 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 Ball to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Ball. 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 Ball’s export privileges under the Regulations for a period of five years from the date of Ball’s conviction. The Office of Exporter Services has also decided to revoke any 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\10JAN1.SGM 10JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 1354 Federal Register / Vol. 88, No. 6 / Tuesday, January 10, 2023 / Notices BIS-issued licenses in which Ball had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until November 6, 2024, Nathan Christopher Ball, with a last known address of 6601 Fountain Hills Place, El Paso, TX 79932, 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). VerDate Sep<11>2014 17:32 Jan 09, 2023 Jkt 259001 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 Ball 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, Ball 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 Ball and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until November 6, 2024. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–00276 Filed 1–9–23; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting The Sensors and Instrumentation Technical Advisory Committee (SITAC) will meet on Tuesday, January 31, 2023, 9:30 a.m., (Pacific Standard Time) at the SPIE Photonics West 2023, at the InterContinental San Francisco, 888 Howard Street, in the Intercontinental Ballroom C (5th Floor), San Francisco, CA 94103. The Committee advises the Office of the Assistant Secretary for Export Administration on technical PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 questions that affect the level of export controls applicable to sensors and instrumentation equipment and technology. Agenda Open Session: 1. Welcome and Introductions. 2. Remarks from the Bureau of Industry and Security Management. 3. Industry Presentations. 4. New Business. Closed Session: 5. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. §§ 10(a)(1) and 10(a)(3). To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@bis.doc.gov no later than January 24, 2023. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to the Committee members, the Committee suggests that the materials be forwarded before the meeting to Ms. Springer. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on January 3, 2023, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. § (l0)(d))), that the portion of the meeting concerning trade secrets and commercial or financial information deemed privileged or confidential as described in 5 U.S.C. 552b(c)(4) and the portion of the meeting concerning matters the disclosure of which would be likely to frustrate significantly implementation of an agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. §§ 10(a)(1) and l0(a)(3). The remaining portions of the meeting will be open to the public. For more information contact Ms. Springer via email. Yvette Springer, Committee Liaison Officer. [FR Doc. 2023–00297 Filed 1–9–23; 8:45 am] BILLING CODE P E:\FR\FM\10JAN1.SGM 10JAN1

Agencies

[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1353-1354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00276]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Nathan Christopher Ball, 6601 Fountain Hills 
Place, El Paso, TX 79932; Order Denying Export Privileges

    On November 6, 2019, in the U.S. District Court for the District of 
New Mexico, Nathan Christopher Ball (``Ball'') was convicted of 
violating 18 U.S.C. 371 and 18 U.S.C. 554(a). Specifically, Ball was 
convicted of conspiring to smuggle from the US to Mexico, firearms and 
ammunition without the required license or written authorization. As a 
result of his conviction, the Court sentenced Ball to 27 months of 
confinement, two years of supervised release, $300 assessment and 
$50,000 criminal fine.
    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. 
371 and 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 Ball's conviction for violating 18 U.S.C. 
371 and 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 Ball to make a written submission 
to BIS. 15 CFR 766.25.\2\ BIS has not received a written submission 
from Ball.
---------------------------------------------------------------------------

    \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 Ball's export privileges under 
the Regulations for a period of five years from the date of Ball's 
conviction. The Office of Exporter Services has also decided to revoke 
any

[[Page 1354]]

BIS-issued licenses in which Ball 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 6, 2024, Nathan 
Christopher Ball, with a last known address of 6601 Fountain Hills 
Place, El Paso, TX 79932, 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 Ball 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, Ball 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 Ball and shall be 
published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until November 6, 2024.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-00276 Filed 1-9-23; 8:45 am]
BILLING CODE 3510-33-P
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