In the Matter of: Maria Guadalupe Pina, 807 Guadalupe St., Laredo, TX 78040; Order Denying Export Privileges, 7399-7400 [2023-02322]

Download as PDF Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 the Court sentenced Bocanegra to 37 months confinement with credit for time served, 2 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 Bocanegra’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 Bocanegra to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Bocanegra. 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 Bocanegra’s export privileges under the Regulations for a period of 10 years from the date of Bocanegra’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Bocanegra had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until March 3, 2030, Victor Anthony Bocanegra, with a last known address of 6767 N. 7th Street, Unit 220, Phoenix, AZ 85014, 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: 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 pursuant to amendments to the Regulations (85 FR 73411, November 18, 2020). VerDate Sep<11>2014 17:51 Feb 02, 2023 Jkt 259001 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, 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 Bocanegra by PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 7399 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, Bocanegra 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 Bocanegra and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until March 3, 2030. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–02329 Filed 2–2–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Maria Guadalupe Pina, 807 Guadalupe St., Laredo, TX 78040; Order Denying Export Privileges On February 2, 2021, in the U.S. District Court for the Southern District of Texas, Maria Guadalupe Pina (‘‘Pina’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Pina was convicted of fraudulently and knowingly exporting and sending, and attempting to export and send, from the United States to Mexico twenty (20) full automatic lower parts kits for M–16 rifle and twenty (20) pistol grips for M–16 and AR-type rifles. As a result of her conviction, the Court sentenced Pina to 30 months in prison, three years of supervised release, and a $100 court 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 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. E:\FR\FM\03FEN1.SGM 03FEN1 lotter on DSK11XQN23PROD with NOTICES1 7400 Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Notices time of the conviction, may be revoked. Id. BIS received notice of Pina’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 Pina to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Pina. 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 Pina’s export privileges under the Regulations for a period of eight years from the date of Pina’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Pina had an interest at the time of her conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until February 2, 2029, Maria Guadalupe Pina, with a last known address of 807 Guadalupe St., Laredo, TX 78040, 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. 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). VerDate Sep<11>2014 17:51 Feb 02, 2023 Jkt 259001 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 Pina 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, Pina 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 Pina and shall be published in the Federal Register. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Sixth, this Order is effective immediately and shall remain in effect until February 2, 2029. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–02322 Filed 2–2–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–038, C–570–039] Certain Amorphous Silica Fabric From the People’s Republic of China: Final Affirmative Determinations of Circumvention Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that imports of amorphous silica fabric (ASF) with 70 to 90 percent silica content (70–90 percent ASF) from the People’s Republic of China (China) are circumventing the antidumping (AD) and countervailing duty (CVD) orders on certain amorphous silica fabric from China. DATES: Applicable February 3, 2023. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, AD/CVD Operations Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1121. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 6, 2022, Commerce published the preliminary affirmative determinations of circumvention of the AD and CVD orders 1 on certain amorphous silica fabric by imports of 70–90 percent ASF from China.2 In the Preliminary Determinations, Commerce extended the deadline for the final determinations of these circumvention inquiries to December 2, 2022.3 On November 22, 2022, Commerce further extended the deadline for the final determinations of these circumvention 1 See Certain Amorphous Silica Fabric from the People’s Republic of China: Antidumping Duty Order, 82 FR 14314 (March 17, 2017); and Certain Amorphous Silica Fabric from the People’s Republic of China: Countervailing Duty Order, 82 FR 14316 (March 17, 2017) (collectively, Orders). 2 See Certain Amorphous Silica Fabric from the People’s Republic of China: Preliminary Affirmative Determinations of Circumvention, 87 FR 54458 (September 6, 2022) (Preliminary Determinations), and accompanying Preliminary Decision Memorandum (PDM). 3 Id. at 54460. E:\FR\FM\03FEN1.SGM 03FEN1

Agencies

[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7399-7400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02322]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Maria Guadalupe Pina, 807 Guadalupe St., 
Laredo, TX 78040; Order Denying Export Privileges

    On February 2, 2021, in the U.S. District Court for the Southern 
District of Texas, Maria Guadalupe Pina (``Pina'') was convicted of 
violating 18 U.S.C. 554(a). Specifically, Pina was convicted of 
fraudulently and knowingly exporting and sending, and attempting to 
export and send, from the United States to Mexico twenty (20) full 
automatic lower parts kits for M-16 rifle and twenty (20) pistol grips 
for M-16 and AR-type rifles. As a result of her conviction, the Court 
sentenced Pina to 30 months in prison, three years of supervised 
release, and a $100 court 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

[[Page 7400]]

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 Pina'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 Pina to make a written submission to BIS. 15 CFR 
766.25.\2\ BIS has not received a written submission from Pina.
---------------------------------------------------------------------------

    \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 Pina's export privileges under 
the Regulations for a period of eight years from the date of Pina's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Pina had an interest at the time of 
her 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 2, 2029, Maria 
Guadalupe Pina, with a last known address of 807 Guadalupe St., Laredo, 
TX 78040, 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 (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 Pina 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, Pina 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 Pina and shall be 
published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until February 2, 2029.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-02322 Filed 2-2-23; 8:45 am]
BILLING CODE 3510-DT-P
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