In the Matter of: Adriana Gabriela Guajardo-Cavazos, Calle Manuel Otiz #49, Matamoros, Tamaulipas, Mexico 87394; Order Denying Export Privileges, 30721-30722 [2023-10102]
Download as PDF
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices
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,
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 Cepeda by ownership, control,
VerDate Sep<11>2014
19:11 May 11, 2023
Jkt 259001
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, Cepeda 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 Cepeda and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until March 25, 2028.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–10101 Filed 5–11–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Voluntary Self-Disclosure of
Antiboycott Violations
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on March 7,
2023, during a 60-day comment period.
This notice allows for an additional 30
days for public comments.
Agency: Bureau of Industry and
Security, Department of Commerce.
Title: Voluntary Self-Disclosure of
Antiboycott Violations.
OMB Control Number: 0694–0132.
Form Number(s): None.
Type of Request: Extension of a
current information collection.
Number of Respondents: 15.
Average Hours per Response: 10 to
600 hours.
Burden Hours: 4,220.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
30721
Needs and Uses: Voluntary selfdisclosures allow BIS to conduct
investigations of the disclosed incidents
faster than would be the case if BIS had
to detect the violations without such
disclosures. As a result, BIS is able to
devote more of its resources to detecting
non-disclosed violations. The
information obtained through this
collection may also provide leads to
uncover other violations. In some cases,
the information might be shared with
other law enforcement agencies
investigating suspected violations of the
ECRA and the EAR or, in appropriate
instances, agencies investigating
violations of other statutes or with
foreign governments.
Affected Public: Business or other forprofit organizations.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
Legal Authority: Sections 4812(b)(7)
and 4814(b)(1)(B) of the Export Control
Reform Act (ECRA).
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0694–0132.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–10205 Filed 5–11–23; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Adriana Gabriela
Guajardo-Cavazos, Calle Manuel Otiz
#49, Matamoros, Tamaulipas, Mexico
87394; Order Denying Export
Privileges
On November 12, 2020, in the U.S.
District Court for the Southern District
of Texas, Adriana Gabriela GuajardoCavazos (‘‘Guajardo-Cavazos’’) was
convicted of violating 18 U.S.C. 554(a).
Specifically, Guajardo-Cavazos was
convicted of smuggling and attempting
to smuggle from the United States to
E:\FR\FM\12MYN1.SGM
12MYN1
30722
Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Mexico, approximately one (1) .243
caliber rifle, one (1) .22 caliber rifle, one
(1) 12 gauge shotgun, one (1) .223
caliber magazine and one (1) .22 caliber
magazine. As a result of her conviction,
the Court sentenced Guajardo-Cavazos
to 36 months 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
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 GuajardoCavazos’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 Guajardo-Cavazos to
make a written submission to BIS. 15
CFR 766.25.2 BIS has not received a
written submission from GuajardoCavazos.
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 GuajardoCavazos’s export privileges under the
Regulations for a period of seven years
from the date of Guajardo-Cavazos’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which GuajardoCavazos had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
November 12, 2027, Adriana Gabriela
Guajardo-Cavazos, with a last known
address of Calle Manuel Otiz #49,
Matamoros, Tamaulipas, Mexico 87394,
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,
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
19:11 May 11, 2023
Jkt 259001
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,
servicing means installation,
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
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 Guajardo-Cavazos 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, Guajardo-Cavazos 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 Guajardo-Cavazos and shall
be published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until November 12, 2027.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–10102 Filed 5–11–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Colby Stephan
Skolseg, 94 Pleasant View, Drayton
Valley, Alberta, Canada, T7A 1M9;
Order Denying Export Privileges
On September 10, 2020, in the U.S.
District Court for the District of
Montana, Colby Stephan Skolseg
(‘‘Skolseg’’) was convicted of violating
18 U.S.C. 554(a). Specifically, Skolseg
was convicted of knowingly and
unlawfully attempting to export eight
firearms from the United States to
Canada. As a result of his conviction,
the Court sentenced Skolseg to 12
months and one day in prison, one year
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
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\12MYN1.SGM
12MYN1
Agencies
[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30721-30722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10102]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Adriana Gabriela Guajardo-Cavazos, Calle Manuel
Otiz #49, Matamoros, Tamaulipas, Mexico 87394; Order Denying Export
Privileges
On November 12, 2020, in the U.S. District Court for the Southern
District of Texas, Adriana Gabriela Guajardo-Cavazos (``Guajardo-
Cavazos'') was convicted of violating 18 U.S.C. 554(a). Specifically,
Guajardo-Cavazos was convicted of smuggling and attempting to smuggle
from the United States to
[[Page 30722]]
Mexico, approximately one (1) .243 caliber rifle, one (1) .22 caliber
rifle, one (1) 12 gauge shotgun, one (1) .223 caliber magazine and one
(1) .22 caliber magazine. As a result of her conviction, the Court
sentenced Guajardo-Cavazos to 36 months 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 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 Guajardo-Cavazos'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 Guajardo-Cavazos to make a written
submission to BIS. 15 CFR 766.25.\2\ BIS has not received a written
submission from Guajardo-Cavazos.
---------------------------------------------------------------------------
\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 Guajardo-Cavazos's export
privileges under the Regulations for a period of seven years from the
date of Guajardo-Cavazos's conviction. The Office of Exporter Services
has also decided to revoke any BIS-issued licenses in which Guajardo-
Cavazos 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 November 12, 2027, Adriana
Gabriela Guajardo-Cavazos, with a last known address of Calle Manuel
Otiz #49, Matamoros, Tamaulipas, Mexico 87394, 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 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 Guajardo-Cavazos 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, Guajardo-
Cavazos 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 Guajardo-Cavazos
and shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until November 12, 2027.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-10102 Filed 5-11-23; 8:45 am]
BILLING CODE 3510-DT-P