In the Matter of: Jesus Adrian Ramirez, 534 N Maknab Drive, Apt. C, Nogales, AZ 85621 and 154 W Mendibles Street, Nogales, AZ 85621; Order Denying Export Privileges, 17793-17794 [2023-06133]

Download as PDF Federal Register / Vol. 88, No. 57 / Friday, March 24, 2023 / Notices For further information, contact Christopher Kemp at Christopher.Kemp@trade.gov. Dated: March 21, 2023. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2023–06135 Filed 3–23–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security lotter on DSK11XQN23PROD with NOTICES1 In the Matter of: Manuel Alonso Enriquez, 12129 St. Laurence Avenue, El Paso, Texas 79936; Order Denying Export Privileges On September 17, 2020, in the U.S. District Court for the Western District of Texas, Manuel Alonso Enriquez (‘‘Enriquez’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Enriquez was convicted of knowingly and unlawfully attempting to export from the United States to Mexico, 3,000 rounds of 7.62 x 39 caliber ammunition. As a result of his conviction, the Court sentenced Enriquez to 37 months in prison, three years of supervised release, $150 criminal fine 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 Enriquez’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 Enriquez to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Enriquez. 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 Enriquez’s 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). VerDate Sep<11>2014 19:18 Mar 23, 2023 Jkt 259001 export privileges under the Regulations for a period of 10 years from the date of Enriquez’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Enriquez 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, Manuel Alonso Enriquez, with a last known address of 12129 St. Laurence Avenue, El Paso, Texas 79936, 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 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). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 17793 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 Enriquez 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, Enriquez 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 Enriquez 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. 2023–06121 Filed 3–23–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Jesus Adrian Ramirez, 534 N Maknab Drive, Apt. C, Nogales, AZ 85621 and 154 W Mendibles Street, Nogales, AZ 85621; Order Denying Export Privileges On December 16, 2020, in the U.S. District Court for the District of Arizona, Jesus Adrian Ramirez (‘‘Ramirez’’) was E:\FR\FM\24MRN1.SGM 24MRN1 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

Agencies

[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Notices]
[Pages 17793-17794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06133]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Jesus Adrian Ramirez, 534 N Maknab Drive, Apt. 
C, Nogales, AZ 85621 and 154 W Mendibles Street, Nogales, AZ 85621; 
Order Denying Export Privileges

    On December 16, 2020, in the U.S. District Court for the District 
of Arizona, Jesus Adrian Ramirez (``Ramirez'') was

[[Page 17794]]

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.
---------------------------------------------------------------------------

    \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 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.
---------------------------------------------------------------------------

    \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 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\
---------------------------------------------------------------------------

    \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 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, 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 (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 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
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