In the Matter of: Marco Rodriguez, Inmate Number: 14132-508, FCI Safford Federal Correctional Institution, P.O. Box 9000, Safford, AZ 85548; Order Denying Export Privileges, 12311 [2023-03983]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security

[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Notices]
[Page 12311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03983]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Marco Rodriguez, Inmate Number: 14132-508, FCI 
Safford Federal Correctional Institution, P.O. Box 9000, Safford, AZ 
85548; Order Denying Export Privileges

    On March 12, 2021, in the U.S. District Court for the District of 
Arizona, Marco Rodriguez (``Rodriguez'') was convicted of violating 18 
U.S.C. 371 and 18 U.S.C. 554(a). Specifically, Rodriguez was convicted 
of conspiring and unlawfully smuggling from the US to Mexico, 5,000 
rounds of .223 caliber ammunition and 5,000 rounds of 7.62 x 39 mm 
caliber ammunition. As a result of his conviction, the Court sentenced 
Rodriguez to 40 months of confinement on each count, to run 
concurrently and with credit for time served, 36 months of supervised 
release and a $300 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. 
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 Rodriguez'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 Rodriguez to make a written 
submission to BIS. 15 CFR 766.25.\2\ BIS has not received a written 
submission from Rodriguez.
---------------------------------------------------------------------------

    \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 Rodriguez's export privileges 
under the Regulations for a period of 10 years from the date of 
Rodriguez's conviction. The Office of Exporter Services has also 
decided to revoke any BIS-issued licenses in which Rodriguez 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 12, 2031, Marco 
Rodriguez, with a last known address of Inmate Number: 14132-508, FCI 
Safford, Federal Correctional Institution, P.O. Box 9000, Safford, AZ 
85548, 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 Rodriguez 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, Rodriguez 
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 Rodriguez and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until March 12, 2031.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-03983 Filed 2-24-23; 8:45 am]
BILLING CODE 3510-DT-P