In the Matter of: Victor Anthony Bocanegra, 6767 N 7th Street, Unit 220, Phoenix, AZ 85014; Order Denying Export Privileges, 7398-7399 [2023-02329]
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Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Notices
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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 Koyshman’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
Koyshman to make a written submission
to BIS. BIS has received and considered
a written submission from Koyshman.
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 Koyshman’s
export privileges under the Regulations
for a period of 10 years from the date of
Koyshman’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
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superseded, set aside, or revoked through action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 issued under the
International Emergency 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.
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Koyshman had an interest at the time of
his conviction.5
Accordingly, it is hereby ordered:
First, from the date of this Order until
February 6, 2030, Josef Koyshman, with
a last known address of 17410 Fairland
Ct., Granada Hills, CA 91344, 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 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
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).
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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 Koyshman 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, Koyshman 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 Koyshman and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until February 6, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–02326 Filed 2–2–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Victor Anthony
Bocanegra, 6767 N 7th Street, Unit 220,
Phoenix, AZ 85014; Order Denying
Export Privileges
On March 3, 2020, in the U.S. District
Court for the District of Arizona, Victor
Anthony Bocanegra (‘‘Bocanegra’’) was
convicted of violating 18 U.S.C. 554(a).
Specifically, Bocanegra was convicted
of smuggling from the U.S. to Mexico,
one (1) Barrett .50 caliber, semiautomatic rifle, bearing the serial
number #AA007434, in violation of 18
U.S.C. 554. As a result of his conviction,
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03FEN1
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).
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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
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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.
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03FEN1
]]>Agencies
[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7398-7399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02329]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Victor Anthony Bocanegra, 6767 N 7th Street,
Unit 220, Phoenix, AZ 85014; Order Denying Export Privileges
On March 3, 2020, in the U.S. District Court for the District of
Arizona, Victor Anthony Bocanegra (``Bocanegra'') was convicted of
violating 18 U.S.C. 554(a). Specifically, Bocanegra was convicted of
smuggling from the U.S. to Mexico, one (1) Barrett .50 caliber, semi-
automatic rifle, bearing the serial number #AA007434, in violation of
18 U.S.C. 554. As a result of his conviction,
[[Page 7399]]
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.
---------------------------------------------------------------------------
\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 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.
---------------------------------------------------------------------------
\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 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\
---------------------------------------------------------------------------
\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 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:
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 Bocanegra 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, 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
