In the Matter of: Shirley Trinity Inzunza, 6767 N 7th Street, Unit 220, Phoeniz, AZ 85014; Order Denying Export Privileges, 7395-7396 [2023-02323]
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7395
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Notices
371, 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 Cox’s
conviction for violating 18 U.S.C. 371.
As provided in Section 766.25 of the
Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’), BIS
provided notice and opportunity for Cox
to make a written submission to BIS. 15
CFR 766.25.2 BIS has not received a
written submission from Cox.
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 Cox’s export
privileges under the Regulations for a
period of 10 years from the date of Cox’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which Cox had an
interest at the time of his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
May 18, 2031, Michael Cox, with a last
known address of 1513 E Muir Avenue,
Hazel Park, MI 48030–2671, 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
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
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 Cox 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, Cox 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.
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Frm 00002
Fmt 4703
Sfmt 4703
Fifth, a copy of this Order shall be
delivered to Cox and shall be published
in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until May 18, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–02321 Filed 2–2–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Shirley Trinity Inzunza,
6767 N 7th Street, Unit 220, Phoeniz,
AZ 85014; Order Denying Export
Privileges
On January 22, 2018, in the U.S.
District Court for the District of Arizona,
Shirley Trinity Inzunza (‘‘Inzunza’’) was
convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C
2778) (‘‘AECA’’). Specifically, Inzunza
was convicted of knowingly and
willfully attempting to export and
causing to be exported from the United
States to Mexico, 10,000 23 rounds of
.223 caliber ammunition, which was
designated as a defense article on the
United States Munitions List, without
having first obtained from the
Department of State a license for such
export or written authorization for such
export.
As a result of her conviction, the
Court sentenced Inzunza to 36 months
of confinement with credit for time
served and $100 special assessment.
Inzunza was also placed on U.S.
Department of State’s debarred list.
The Export Administration
Regulations (‘‘EAR’’ or ‘‘Regulations’’)
are administered and enforced by the
U.S. Department of Commerce’s Bureau
of Industry and Security (‘‘BIS’’).1
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2022). The Regulations originally issued under
the Export Administration Act of 1979, as amended,
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13,222 of August 17, 2001
(3 CFR, 2001 Comp. 783 (2002)), which was
extended by successive Presidential Notices,
continued the Regulations in full force and effect
under the International Emergnecy Economic
Powers Act (50 U.S.C. 1701, et seq.) (‘‘IEEPA’’). On
August 13, 2018, the President signed into law the
John S. McCain National Defense Authorization Act
for Fiscal Year 2019, which includes the Export
Control Reform Act of 2018, 50 U.S.C. 4801–4852
(‘‘ECRA’’). While Section 1766 of ECRA repeals the
provisions of the EAA (except for three sections
which are inapplicable here), Section 1768 of ECRA
provides, in pertinent part, that all rules and
regulations that were made or issued under the
EAA, including as continued in effect pursuant to
E:\FR\FM\03FEN1.SGM
Continued
03FEN1
7396
Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Section 766.25 of the Regulations
provides, in pertinent part, that the
‘‘Director of [BIS’s] Office of Export
Enforcement, in consultation with the
Director of [BIS’s] Office of Exporter
Services, may deny the export privileges
of any person who has been convicted
of a violation of any of the statues set
forth at 50 U.S.C. 4819 (e)(1)(B),’’ 2
including Section 38 of the AECA. 15
CFR 766.25(a).3 The denial of export
privileges under this provision may be
for a period of up to 10 years from the
date of the conviction. 15 CFR
766.25(d). In addition, pursuant to
Section 750.8 of the Regulations, BIS’s
Office of Exporter Services may revoke
any BIS-issued licenses in which the
person has an interest at the time of his/
her conviction.4
BIS received notice of Inzunza’s
conviction for violating Section 38 of
the AECA, and pursuant to Section
766.25 of the Regulations, has provided
notice and an opportunity for Inzunza to
make a written submission to BIS. BIS
has not received a written submission
from Inzunza.
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 Inzunza’s export
privileges under the Regulations for a
period of eight years from the date of
Inzunza’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Inzunza had an interest at the time of
her conviction.5
Accordingly, it is hereby ordered:
First, from the date of this Order until
January 18, 2026, Shirley Trinity
IEEPA, and were in effect as of ECRA’s date of
enactment (August 13, 2018), shall continue in
effect according to their terms until modified,
superseded, set aside, or revoked through action
undertaken pursuant to the authority provided
under ECRA.
2 The Director, Office of Export Enforcement, is
now the authorizing official for issuance of denial
orders, pursuant to amendments to the Regulations
(85 FR 73411, November 18, 2020).
3 As codified at the time of the underlying
conviction at issue, Section 11(h)(1) of the EAA, as
amended, provided that: ’’ No person convicted of
a violation of this chapter (or any regulation,
license, or older issued under this chapter), any
regulation, license, or order issed under the
International Emergnecy Economic Powers Act [50
U.S.C. 1701, et seq.], section 793, 794 or 798 of title
18, section 783(b) of this title, or section 2778 of
title 22 shall be eligible, at the discretion of the
Secretary, to apply for or use any export license
under this chapter for a period of up to 10 years
from the date of conviction. The Secretary may
revoke any export license under this chapter in
which such person has an interest at the time of
conviction.’’ 50 U.S.C. 4610(h)(1).
4 See notes 1 and 3, supra.
5 The Director, Office of Export Enforcement, is
now 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
Inzunza, with a last known address of
6767 N 7th Street, Unit 220, Phoeniz,
AZ 85014, 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 or reexport 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
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
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, after notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Inzunza 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, Inzunza 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 Inzunza and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until January 18, 2026.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–02323 Filed 2–2–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Amin Yousefi Jam,
7165 Yonge Street, Markham, Ontario,
Canada L3T 0C9; Order Denying
Export Privileges
On November 17, 2021, in the U.S.
District Court for the Eastern District of
Michigan, Amin Yousefi Jam (‘‘Amin
Jam’’) was convicted of violating 18
U.S.C. 371. Specifically, Amin Jam was
convicted of conspiring to export goods
from the United States to Iran through
the United Arab Emirates without
having first obtained the required
licenses from the Office of Foreign
Assests Control. As a result of his
conviction, the Court sentenced Amin
Jam to time served, one year of
supervised release and a $100
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
E:\FR\FM\03FEN1.SGM
03FEN1
]]>Agencies
[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7395-7396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02323]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Shirley Trinity Inzunza, 6767 N 7th Street,
Unit 220, Phoeniz, AZ 85014; Order Denying Export Privileges
On January 22, 2018, in the U.S. District Court for the District of
Arizona, Shirley Trinity Inzunza (``Inzunza'') was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C 2778)
(``AECA''). Specifically, Inzunza was convicted of knowingly and
willfully attempting to export and causing to be exported from the
United States to Mexico, 10,000 23 rounds of .223 caliber ammunition,
which was designated as a defense article on the United States
Munitions List, without having first obtained from the Department of
State a license for such export or written authorization for such
export.
As a result of her conviction, the Court sentenced Inzunza to 36
months of confinement with credit for time served and $100 special
assessment. Inzunza was also placed on U.S. Department of State's
debarred list.
The Export Administration Regulations (``EAR'' or ``Regulations'')
are administered and enforced by the U.S. Department of Commerce's
Bureau of Industry and Security (``BIS'').\1\
[[Page 7396]]
Section 766.25 of the Regulations provides, in pertinent part, that the
``Director of [BIS's] Office of Export Enforcement, in consultation
with the Director of [BIS's] Office of Exporter Services, may deny the
export privileges of any person who has been convicted of a violation
of any of the statues set forth at 50 U.S.C. 4819 (e)(1)(B),'' \2\
including Section 38 of the AECA. 15 CFR 766.25(a).\3\ The denial of
export privileges under this provision may be for a period of up to 10
years from the date of the conviction. 15 CFR 766.25(d). In addition,
pursuant to Section 750.8 of the Regulations, BIS's Office of Exporter
Services may revoke any BIS-issued licenses in which the person has an
interest at the time of his/her conviction.\4\
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2022). The Regulations
originally issued under the Export Administration Act of 1979, as
amended, 50 U.S.C. 4601-4623 (Supp. III 2015) (``EAA''), which
lapsed on August 21, 2001. The President, through Executive Order
13,222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which was
extended by successive Presidential Notices, continued the
Regulations in full force and effect under the International
Emergnecy Economic Powers Act (50 U.S.C. 1701, et seq.) (``IEEPA'').
On August 13, 2018, the President signed into law the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, which
includes the Export Control Reform Act of 2018, 50 U.S.C. 4801-4852
(``ECRA''). While Section 1766 of ECRA repeals the provisions of the
EAA (except for three sections which are inapplicable here), Section
1768 of ECRA provides, in pertinent part, that all rules and
regulations that were made or issued under the EAA, including as
continued in effect pursuant to IEEPA, and were in effect as of
ECRA's date of enactment (August 13, 2018), shall continue in effect
according to their terms until modified, superseded, set aside, or
revoked through action undertaken pursuant to the authority provided
under ECRA.
\2\ The Director, Office of Export Enforcement, is now the
authorizing official for issuance of denial orders, pursuant to
amendments to the Regulations (85 FR 73411, November 18, 2020).
\3\ As codified at the time of the underlying conviction at
issue, Section 11(h)(1) of the EAA, as amended, provided that: '' No
person convicted of a violation of this chapter (or any regulation,
license, or older issued under this chapter), any regulation,
license, or order issed under the International Emergnecy Economic
Powers Act [50 U.S.C. 1701, et seq.], section 793, 794 or 798 of
title 18, section 783(b) of this title, or section 2778 of title 22
shall be eligible, at the discretion of the Secretary, to apply for
or use any export license under this chapter for a period of up to
10 years from the date of conviction. The Secretary may revoke any
export license under this chapter in which such person has an
interest at the time of conviction.'' 50 U.S.C. 4610(h)(1).
\4\ See notes 1 and 3, supra.
---------------------------------------------------------------------------
BIS received notice of Inzunza's conviction for violating Section
38 of the AECA, and pursuant to Section 766.25 of the Regulations, has
provided notice and an opportunity for Inzunza to make a written
submission to BIS. BIS has not received a written submission from
Inzunza.
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 Inzunza's export privileges
under the Regulations for a period of eight years from the date of
Inzunza's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Inzunza had an interest at
the time of her conviction.\5\
---------------------------------------------------------------------------
\5\ The Director, Office of Export Enforcement, is now 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 18, 2026, Shirley
Trinity Inzunza, with a last known address of 6767 N 7th Street, Unit
220, Phoeniz, AZ 85014, 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 or reexport 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, after notice and opportunity for comment as provided in
Section 766.23 of the Regulations, any other person, firm, corporation,
or business organization related to Inzunza 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, Inzunza 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 Inzunza and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 18, 2026.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-02323 Filed 2-2-23; 8:45 am]
BILLING CODE 3510-DT-P
