In the Matter of: Damian Espinoza-Gonzalez, 6707 South Caballo Road, Tucson, AZ 85701; Order Denying Export Privileges, 23622-23623 [2023-08126]
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23622
Federal Register / Vol. 88, No. 74 / Tuesday, April 18, 2023 / Notices
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
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,
VerDate Sep<11>2014
18:08 Apr 17, 2023
Jkt 259001
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 Zehrbach 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, Zehrbach 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 Zehrbach and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until April 24, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–08117 Filed 4–17–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Damian EspinozaGonzalez, 6707 South Caballo Road,
Tucson, AZ 85701; Order Denying
Export Privileges
On April 6, 2021, in the U.S. District
Court for the District of Arizona,
Damian Espinoza-Gonzalez (‘‘EspinozaGonzalez’’) was convicted of violating
18 U.S.C. 371 and 18 U.S.C. 554(a).
Specifically, Espinoza-Gonzalez was
convicted of conspiracy and of
unlawfully smuggling, and attempting
to smuggle, firearms and ammunition
from the United States to Mexico. As a
result of his conviction, the Court
sentenced Espinoza-Gonzalez to time
served, 36 months of supervised release,
a $200 special assessment and $1,500
criminal fine.
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
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 00005
Fmt 4703
Sfmt 4703
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 EspinozaGonzalez’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 Espinoza-Gonzalez
to make a written submission to BIS. 15
CFR 766.25.2 BIS has not received a
written submission from EspinozaGonzalez.
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 EspinozaGonzalez’s export privileges under the
Regulations for a period of 10 years from
the date of Espinoza-Gonzalez’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which EspinozaGonzalez had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
April 6, 2031, Damian EspinozaGonzalez, with a last known address of
6707 South Caballo Road, Tucson, AZ
85701, 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
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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18APN1
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
]]>Agencies
[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Notices]
[Pages 23622-23623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08126]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Damian Espinoza-Gonzalez, 6707 South Caballo
Road, Tucson, AZ 85701; Order Denying Export Privileges
On April 6, 2021, in the U.S. District Court for the District of
Arizona, Damian Espinoza-Gonzalez (``Espinoza-Gonzalez'') was convicted
of violating 18 U.S.C. 371 and 18 U.S.C. 554(a). Specifically,
Espinoza-Gonzalez was convicted of conspiracy and of unlawfully
smuggling, and attempting to smuggle, firearms and ammunition from the
United States to Mexico. As a result of his conviction, the Court
sentenced Espinoza-Gonzalez to time served, 36 months of supervised
release, a $200 special assessment and $1,500 criminal fine.
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 Espinoza-Gonzalez'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 Espinoza-Gonzalez to make a written
submission to BIS. 15 CFR 766.25.\2\ BIS has not received a written
submission from Espinoza-Gonzalez.
---------------------------------------------------------------------------
\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 Espinoza-Gonzalez's export
privileges under the Regulations for a period of 10 years from the date
of Espinoza-Gonzalez's conviction. The Office of Exporter Services has
also decided to revoke any BIS-issued licenses in which Espinoza-
Gonzalez 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 April 6, 2031, Damian
Espinoza-Gonzalez, with a last known address of 6707 South Caballo
Road, Tucson, AZ 85701, 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
[[Page 23623]]
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 Espinoza-Gonzalez 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 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
