In the Matter of: Katie Ellen O'Brien, 2777 North Santa Marta Place, Tucson, AZ 85715; Order Denying Export Privileges, 23623-23624 [2023-08124]
Download as PDF
<![CDATA[
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 74 / Tuesday, April 18, 2023 / Notices
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 EspinozaGonzalez 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, Espinoza-Gonzalez 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
VerDate Sep<11>2014
18:08 Apr 17, 2023
Jkt 259001
this Order and must comply with the
provisions of part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Espinoza-Gonzalez and
shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until April 6, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–08126 Filed 4–17–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Katie Ellen O’Brien,
2777 North Santa Marta Place, Tucson,
AZ 85715; Order Denying Export
Privileges
On January 17, 2019, in the U.S.
District Court for the District of Arizona,
Katie Ellen O’Brien (‘‘O’Brien’’) was
convicted of violating 18 U.S.C. 554(a)
and 18 U.S.C. 1001(a)(2). Specifically,
O’Brien was convicted of making false
statements or misrepresentations to the
U.S. Government during the course of
an investigation and smuggling and
attempting to smuggle firearms from the
United States to Mexico. As a result of
her conviction, the Court sentenced
O’Brien to 60 months confinement with
credit for time served, three years
supervised release, and a $600 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 and 18 U.S.C. 1001, 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 O’Brien’s
conviction for violating 18 U.S.C. 554
and 18 U.S.C. 1001. As provided in
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’), BIS provided notice
and opportunity for O’Brien to make a
written submission to BIS. 15 CFR
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.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
23623
766.25.2 BIS has not received a written
submission from O’Brien.
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 O’Brien’s export
privileges under the Regulations for a
period of 10 years from the date of
O’Brien’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
O’Brien had an interest at the time of
her conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
January 17, 2029, Katie Ellen O’Brien,
with a last known address of 2777 North
Santa Marta Place, Tucson, AZ 85715,
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, 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
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).
E:\FR\FM\18APN1.SGM
18APN1
ddrumheller on DSK120RN23PROD with NOTICES1
23624
Federal Register / Vol. 88, No. 74 / Tuesday, April 18, 2023 / Notices
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 O’Brien 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, O’Brien 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 O’Brien and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until January 17, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–08124 Filed 4–17–23; 8:45 am]
BILLING CODE 3510–DT–P
VerDate Sep<11>2014
18:08 Apr 17, 2023
Jkt 259001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice of Intent To Conduct Scoping
and To Prepare a Draft Environmental
Impact Statement for the Proposed
Designation of a National Marine
Sanctuary for the Pacific Remote
Islands
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service, National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of intent to prepare a
draft environmental impact statement
and hold public scoping meetings;
request for comments.
AGENCY:
In accordance with the
National Marine Sanctuaries Act
(NMSA) and National Environmental
Policy Act (NEPA), NOAA is initiating
the process to consider designating the
submerged lands and waters
surrounding the Pacific Remote Islands
to the full extent of the U.S. Exclusive
Economic Zone (EEZ) as a new national
marine sanctuary. NOAA will prepare a
draft environmental impact statement
(DEIS) for the sanctuary designation
process to discuss environmental
impacts and inform decision makers
and the public of reasonable alternatives
that would avoid or minimize adverse
impacts or enhance the quality of the
human environment. NOAA is initiating
the public scoping process to invite
comments on the scope and significance
of issues to be addressed in the DEIS
that are related to designating this area
as a national marine sanctuary. The
results of this scoping process will assist
NOAA in moving forward with the
designation process, which would
include the preparation and release of
draft designation documents, as well as
the formulation of alternatives for the
DEIS.
DATES: Comments must be received by
NOAA on or before June 2, 2023.
Public Meetings: NOAA will host inperson public scoping meetings, with an
option to join virtually, at the following
dates:
• May 10, 2023—Honolulu, Hawaii
• May 11, 2023—Hilo, Hawaii
• May 17, 2023—Hagatna, Guam
• May 18, 2023—Saipan,
Commonwealth of the Northern
Mariana Islands
• May 19, 2023—Rota, Commonwealth
of the Northern Mariana Islands
• May 20, 2023—Tinian,
Commonwealth of the Northern
Mariana Islands
SUMMARY:
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
• May 24, 2023—Pago Pago, American
Samoa
Meeting times, locations, and virtual
meeting links will be made available at
least 15 days before each meeting, and
will be posted at https://
sanctuaries.noaa.gov/pacific-remoteislands.
ADDRESSES: You may submit comments
on this notice by any of the following
methods:
• Federal e-Rulemaking Portal: Go to
https://www.regulations.gov and enter
‘‘NOAA–NOS–2023–0052’’ in the
Search box. Click on the ‘‘Comment’’
icon, complete the required fields, and
enter or attach your comments.
• Mail: Send any hard copy public
comments by mail to: PRI-Proposed
Sanctuary, NOAA/ONMS, √ Hoku
Kaaekuahiwi Pousima, 76 Kamehameha
Ave., Hilo, HI 96720.
• Public Scoping Meetings: Provide
oral comments during virtual and inperson public scoping meetings, as
described under DATES. Meeting details
and additional information about how
to participate in these public scoping
meetings is available at https://
sanctuaries.noaa.gov/pacific-remoteislands.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on https://www.regulations.gov without
change. All personally identifiable
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the commenter
will be publicly accessible. NOAA will
accept anonymous comments (in the
Federal e-Rulemaking Portal, enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Hoku Kaaekuahiwi Pousima, (808) 731–
8441, proposed.prinms@noaa.gov,
NOAA ONMS, Pacific Islands Region
Policy Analyst.
SUPPLEMENTARY INFORMATION:
I. Background on the Area Under
Consideration
The National Marine Sanctuaries Act,
as amended (NMSA), 16 U.S.C. 1431 et
seq., authorizes the Secretary of
Commerce (Secretary) to designate and
protect as national marine sanctuaries
areas of the marine environment that are
of special national significance due to
their conservation, recreational,
ecological, historical, scientific,
cultural, archeological, educational, or
E:\FR\FM\18APN1.SGM
18APN1
]]>Agencies
[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Notices]
[Pages 23623-23624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08124]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Katie Ellen O'Brien, 2777 North Santa Marta
Place, Tucson, AZ 85715; Order Denying Export Privileges
On January 17, 2019, in the U.S. District Court for the District of
Arizona, Katie Ellen O'Brien (``O'Brien'') was convicted of violating
18 U.S.C. 554(a) and 18 U.S.C. 1001(a)(2). Specifically, O'Brien was
convicted of making false statements or misrepresentations to the U.S.
Government during the course of an investigation and smuggling and
attempting to smuggle firearms from the United States to Mexico. As a
result of her conviction, the Court sentenced O'Brien to 60 months
confinement with credit for time served, three years supervised
release, and a $600 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 and 18 U.S.C. 1001, 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 O'Brien's conviction for violating 18 U.S.C.
554 and 18 U.S.C. 1001. As provided in Section 766.25 of the Export
Administration Regulations (``EAR'' or the ``Regulations''), BIS
provided notice and opportunity for O'Brien to make a written
submission to BIS. 15 CFR 766.25.\2\ BIS has not received a written
submission from O'Brien.
---------------------------------------------------------------------------
\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 O'Brien's export privileges
under the Regulations for a period of 10 years from the date of
O'Brien's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which O'Brien had an interest at
the time of her 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 January 17, 2029, Katie
Ellen O'Brien, with a last known address of 2777 North Santa Marta
Place, Tucson, AZ 85715, 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, 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
[[Page 23624]]
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 O'Brien 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, O'Brien 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 O'Brien and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 17, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-08124 Filed 4-17-23; 8:45 am]
BILLING CODE 3510-DT-P
