In the Matter of: Gerardo Emmanuel Sifuentes, 247 Val Verde Street, El Paso, TX 79905-3916; Order Denying Export Privileges, 17794-17795 [2023-06131]
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17794
Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
convicted of violating 18 U.S.C. 554(a).
Specifically, Ramirez was convicted of
smuggling and attempting to smuggle
from the United States to Mexico,
firearms and firearm components,
including: one 40 round AK–47 variant
firearm magazine, two AK–47 variant
firearm barrels, two AK–47 variant
firearm bolts, two AK–47 variant firearm
bolt springs, two AK–47 variant firearm
gas pistons, and one AR variant firearm
unfinished lower receiver. As a result of
his conviction, the Court sentenced
Ramirez to 46 months of confinement
with credit for time served, three years
of 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.
BIS received notice of Ramirez’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
Ramirez to make a written submission
to BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Ramirez.
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 Ramirez’s export
privileges under the Regulations for a
period of 10 years from the date of
Ramirez’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Ramirez had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
December 16, 2030, Jesus Adrian
Ramirez, with last known addresses of
534 N Maknab Drive, Apt. C, Nogales,
AZ 85621 and 154 W Mendibles Street,
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
19:18 Mar 23, 2023
Jkt 259001
Nogales, AZ 85621, 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
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
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
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 Ramirez 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, Ramirez 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 Ramirez and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until December 16, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–06133 Filed 3–23–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Gerardo Emmanuel
Sifuentes, 247 Val Verde Street, El
Paso, TX 79905–3916; Order Denying
Export Privileges
On September 17, 2020, in the U.S.
District Court for the Western District of
Texas, Gerardo Emmanuel Sifuentes
(‘‘Sifuentes’’) was convicted of violating
18 U.S.C. 554(a). Specifically, Sifuentes
was convicted of smuggling and
attempting to smuggle from the United
States to Mexico, approximately 5,000
rounds of 7.62 x 39 caliber ammunition,
an Anderson Manufacturing AR–15
rifle, and a Beretta 9mm handgun.
As a result of his conviction, the
Court sentenced Sifuentes to 46 months
of confinement, three years of
supervised release, $100 special
assessment and $250 fine.
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\24MRN1.SGM
24MRN1
Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
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 Sifuentes’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
Sifuentes to make a written submission
to BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Sifuentes.
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 Sifuentes’s
export privileges under the Regulations
for a period of 10 years from the date of
Sifuentes’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Sifuentes had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
September 17, 2030, Gerardo Emmanuel
Sifuentes, with a last known address of
247 Val Verde Street, El Paso, TX
79905–3916, 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
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
19:18 Mar 23, 2023
Jkt 259001
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 Sifuentes 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, Sifuentes may file an
appeal of this Order with the Under
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
17795
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 Sifuentes and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until September 17, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–06131 Filed 3–23–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Enrique ReyesMorales, Inmate Number: 54549–509,
FCI Allenwood Low, Federal
Correctional Institution, P.O. Box 1000,
P.O. Box 1000, White Deer, PA 17887;
Order Denying Export Privileges
On January 10, 2022, in the U.S.
District Court for the Southern District
of Texas, Enrique Reyes-Morales
(‘‘Reyes-Morales’’) was convicted of
violating 18 U.S.C. 554(a). Specifically,
Reyes-Morales was convicted of
smuggling and attempting to smuggle,
from the United States to Mexico, sixtyseven (67) 7.62X39 rifles, fourteen (14)
5.56 rifles, two (2) .308 rifles, one (1)
.223 rifle, one (1) 12 gauge shotgun, four
(4) 20 gauge shotguns, four (4) 10–22
rifles, fourteen (14) 9mm handguns,
seven (7) .22 caliber handguns, two (2)
.380 handguns, one (1) gun suppressor,
one-hundred-sixty-one (161) magazines,
five-hundred-sixty-two (562) rounds of
ammunition, and thirty-eight (38)
miscellaneous weapon accessories
including various scopes and flashlights
without the required license or written
approval. As a result of his conviction,
the Court sentenced Reyes-Morales to 48
months of confinement, three 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
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\24MRN1.SGM
24MRN1
]]>Agencies
[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Notices]
[Pages 17794-17795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06131]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Gerardo Emmanuel Sifuentes, 247 Val Verde
Street, El Paso, TX 79905-3916; Order Denying Export Privileges
On September 17, 2020, in the U.S. District Court for the Western
District of Texas, Gerardo Emmanuel Sifuentes (``Sifuentes'') was
convicted of violating 18 U.S.C. 554(a). Specifically, Sifuentes was
convicted of smuggling and attempting to smuggle from the United States
to Mexico, approximately 5,000 rounds of 7.62 x 39 caliber ammunition,
an Anderson Manufacturing AR-15 rifle, and a Beretta 9mm handgun.
As a result of his conviction, the Court sentenced Sifuentes to 46
months of confinement, three years of supervised release, $100 special
assessment and $250 fine.
Pursuant to section 1760(e) of the Export Control Reform Act
(``ECRA''),\1\
[[Page 17795]]
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 Sifuentes'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 Sifuentes to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a written submission from Sifuentes.
---------------------------------------------------------------------------
\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 Sifuentes's export privileges
under the Regulations for a period of 10 years from the date of
Sifuentes's conviction. The Office of Exporter Services has also
decided to revoke any BIS-issued licenses in which Sifuentes 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 September 17, 2030,
Gerardo Emmanuel Sifuentes, with a last known address of 247 Val Verde
Street, El Paso, TX 79905-3916, 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 Sifuentes 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, Sifuentes
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 Sifuentes and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until September 17, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-06131 Filed 3-23-23; 8:45 am]
BILLING CODE 3510-DT-P
