In the Matter of: Jose Daniel Medina, Calle Los Piros #72, Colonia Luis Donaldo Colosio, Nogales Sonora, MX; Order Denying Export Privileges, 2603-2604 [2023-00709]

Download as PDF Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices to the authority delegated to the FTZ Board Executive Secretary (15 CFR 400.36(f)), the application to establish Subzone 222C was approved on January 11, 2023, subject to the FTZ Act and the Board’s regulations, including section 400.13, and further subject to FTZ 222’s 2,000-acre activation limit. Dated: January 11, 2023. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2023–00734 Filed 1–13–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–1–2023] khammond on DSKJM1Z7X2PROD with NOTICES Proposed Foreign-Trade Zone— Socorro, Texas Under Alternative Site Framework An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the City of Socorro to establish a foreign-trade zone in Socorro, Texas, under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR Sec. 400.2(c)). The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new ‘‘subzones’’ or ‘‘usage-driven’’ FTZ sites for operators/ users located within a grantee’s ‘‘service area’’ in the context of the FTZ Board’s standard 2,000-acre activation limit for a zone project. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on January 9, 2023. The applicant is authorized to make the proposal under Texas Business and Commerce Code, Title 15, Chapter 681, Foreign-Trade Zones. The proposed zone would be the first zone for the Tornillo Customs and Border Protection (CBP) port of entry. The applicant’s proposed service area under the ASF would be the City of Socorro. If approved, the applicant would be able to serve sites throughout the service area based on companies’ needs for FTZ designation. The application indicates that the proposed service area is within and adjacent to the Tornillo CBP port of entry. The application indicates a need for zone services in Socorro, Texas. Several firms have indicated an interest in using zone procedures for warehousing/ distribution activities for a variety of products. Specific production approvals VerDate Sep<11>2014 18:16 Jan 13, 2023 Jkt 259001 are not being sought at this time. Such requests would be made to the FTZ Board on a case-by-case basis. In accordance with the FTZ Board’s regulations, Camille Evans and Christopher Wedderburn of the FTZ Staff are designated examiners to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is March 20, 2023. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to April 3, 2023. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Camille Evans and Christopher Wedderburn at Camille.Evans@ trade.gov and Chris.Wedderburn@ trade.gov. Dated: January 10, 2023. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2023–00673 Filed 1–13–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Jose Daniel Medina, Calle Los Piros #72, Colonia Luis Donaldo Colosio, Nogales Sonora, MX; Order Denying Export Privileges Washington, DC 20230 On February 22, 2019 in the U.S. District Court for the District of Arizona, Jose Daniel Medina (‘‘Medina’’) was convicted of violating 18 U.S.C. 554. Specifically, Medina was convicted of knowingly smuggling and attempting to smuggle from the United States to Mexico, one (1) Barrett model 50 BMG, and a .50 caliber rifle. As a result of his conviction, the Court sentenced Medina to 37 months in prison, with credit time served, three years supervised release, and a $100 special assessment. Pursuant to Section 1760(e) of the Export Control Reform Act (‘‘ECRA’’),1 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 00005 Fmt 4703 Sfmt 4703 2603 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 Medina’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 Medina to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Medina. 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 Medina’s export privileges under the Regulations for a period of seven years from the date of Medina’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Medina had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until February 22, 2026, Jose Daniel Medina, with a last known address of Calle Los Piros #72, Colonia Luis Donaldo Colosio, Nogales Sonora, MX, 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 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). E:\FR\FM\17JAN1.SGM 17JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 2604 Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices 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 Medina 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, Medina may file an appeal of this Order with the Under Secretary of Commerce for Industry and VerDate Sep<11>2014 18:16 Jan 13, 2023 Jkt 259001 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 Medina and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until February 22, 2026. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–00709 Filed 1–13–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Ge Song Tao (Ge), Block 3, Zijinyuan, No. 5 Muxuyuan Street, Nanjing, 210007 China; Order Denying Export Privileges Washington, DC 20230 On July 14, 2021, in the U.S. District Court for the Middle District of Florida, Ge Song Tao (‘‘Ge’’) was convicted of violating 18 U.S.C. 371 and 18 U.S.C. 554(a). Specifically, Ge was convicted of conspiring to submit false export information through the federal government’s Automated Export System and to export maritime raiding craft and engines to China fraudulently, and attempting to export that equipment fraudulently. As a result of his conviction, the Court sentenced Ge to 42 months of confinement, three years of supervised release, $50,000 criminal fine and $200 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. 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 Ge’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 Ge to make a written submission to BIS. 15 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 00006 Fmt 4703 Sfmt 4703 CFR 766.25.2 BIS has not received a written submission from Ge. 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 Ge’s export privileges under the Regulations for a period of 10 years from the date of Ge’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Ge had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until July 14, 2031, Ge Song Tao, with a last known address of Block 3, Zijinyuan, No. 5 Muxuyuan Street, Nanjing, 210007 China, 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 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). E:\FR\FM\17JAN1.SGM 17JAN1

Agencies

[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2603-2604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00709]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Jose Daniel Medina, Calle Los Piros #72, 
Colonia Luis Donaldo Colosio, Nogales Sonora, MX; Order Denying Export 
Privileges

Washington, DC 20230

    On February 22, 2019 in the U.S. District Court for the District of 
Arizona, Jose Daniel Medina (``Medina'') was convicted of violating 18 
U.S.C. 554. Specifically, Medina was convicted of knowingly smuggling 
and attempting to smuggle from the United States to Mexico, one (1) 
Barrett model 50 BMG, and a .50 caliber rifle. As a result of his 
conviction, the Court sentenced Medina to 37 months in prison, with 
credit time served, three years 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 Medina'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 Medina to make a written submission to BIS. 15 CFR 
766.25.\2\ BIS has not received a written submission from Medina.
---------------------------------------------------------------------------

    \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 Medina's export privileges 
under the Regulations for a period of seven years from the date of 
Medina's conviction. The Office of Exporter Services has also decided 
to revoke any BIS-issued licenses in which Medina 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 February 22, 2026, Jose 
Daniel Medina, with a last known address of Calle Los Piros #72, 
Colonia Luis Donaldo Colosio, Nogales Sonora, MX, 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

[[Page 2604]]

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 Medina 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, Medina 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 Medina and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until February 22, 2026.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-00709 Filed 1-13-23; 8:45 am]
BILLING CODE 3510-DT-P
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