In the Matter of: Juan Marvin Garcia, Inmate Number: 23021-509, FCI Beaumont Medium, Federal Correctional Institution, P.O. Box 26040; Beaumont, TX 77720; Order Denying Export Privileges, 30719-30720 [2023-10104]
Download as PDF
<![CDATA[
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices
privileges under the Regulations for a
period of ten years from the date of
Griffith’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Griffith had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
April 12, 2032, Virgil Griffith, with a
last known address of Inmate Number:
79038–112, FCI Allenwood Low,
Federal Correctional Institution, P.O.
Box 1000, White Deer, PA 17887, 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
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
the Export Control Reform Act (50
U.S.C. 4819(e)) and sections 766.23 and
766.25 of the Regulations, any other
person, firm, corporation, or business
organization related to Griffith 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, Griffith 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 Griffith and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until April 12, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–10105 Filed 5–11–23; 8:45 am]
BILLING CODE 3510–DT–P
19:11 May 11, 2023
Jkt 259001
PO 00000
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Juan Marvin Garcia,
Inmate Number: 23021–509, FCI
Beaumont Medium, Federal
Correctional Institution, P.O. Box
26040; Beaumont, TX 77720; Order
Denying Export Privileges
On October 13, 2021, in the U.S.
District Court for the Southern District
of Texas, Juan Marvin Garcia (‘‘Garcia’’)
was convicted of violating 18 U.S.C.
554(a). Specifically, Garcia was
convicted of smuggling from the United
States to Mexico approximately 12,800
rounds of 7.62 x 39mm ammunition,
150 rounds of 38 Special ammunition,
60 rounds of .223 caliber ammunition,
and one Stoeger Cougar 9mm pistol
without written approval from United
States Department of Commerce. As a
result of his conviction, the Court
sentenced Garcia to 36 months of
confinement, three years of supervised
release and $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 Garcia’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
Garcia to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Garcia.
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 Garcia’s export
privileges under the Regulations for a
period of seven years from the date of
Garcia’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
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
30719
Frm 00008
Fmt 4703
Sfmt 4703
E:\FR\FM\12MYN1.SGM
12MYN1
lotter on DSK11XQN23PROD with NOTICES1
30720
Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices
Garcia had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
October 13, 2028, Juan Marvin Garcia,
with a last known address of Inmate
Number: 23021–509, FCI Beaumont
Medium, Federal Correctional
Institution, P.O. Box 26040, Beaumont,
TX 77720, 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;
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
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 Garcia 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, Garcia 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 Garcia and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until October 13, 2028.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–10104 Filed 5–11–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Juan Antonio Cepeda,
901 E Olive Street, Apartment Number
8, Laredo, Texas 78041; Order Denying
Export Privileges
On March 25, 2021, in the U.S.
District Court for the Southern District
of Texas, Juan Antonio Cepeda
(‘‘Cepeda’’) was convicted of violating
18 U.S.C. 554(a). Specifically, Cepeda
was convicted of smuggling and
attempting to smuggle from the United
States to Mexico, firearms, ammunitions
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
and firearms magazines. As a result of
his conviction, the Court sentenced
Cepeda to 41 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 Cepeda’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
Cepeda to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Cepeda.
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 Cepeda’s export
privileges under the Regulations for a
period of seven years from the date of
Cepeda’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Cepeda had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
March 25, 2028, Juan Antonio Cepeda,
with a last known address of 901 E.
Olive Street, Apartment Number 8,
Laredo, Texas 78041, 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:
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).
E:\FR\FM\12MYN1.SGM
12MYN1
]]>Agencies
[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30719-30720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10104]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Juan Marvin Garcia, Inmate Number: 23021-509,
FCI Beaumont Medium, Federal Correctional Institution, P.O. Box 26040;
Beaumont, TX 77720; Order Denying Export Privileges
On October 13, 2021, in the U.S. District Court for the Southern
District of Texas, Juan Marvin Garcia (``Garcia'') was convicted of
violating 18 U.S.C. 554(a). Specifically, Garcia was convicted of
smuggling from the United States to Mexico approximately 12,800 rounds
of 7.62 x 39mm ammunition, 150 rounds of 38 Special ammunition, 60
rounds of .223 caliber ammunition, and one Stoeger Cougar 9mm pistol
without written approval from United States Department of Commerce. As
a result of his conviction, the Court sentenced Garcia to 36 months of
confinement, three years of supervised release and $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 Garcia'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 Garcia to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a written submission from Garcia.
---------------------------------------------------------------------------
\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 Garcia's export privileges
under the Regulations for a period of seven years from the date of
Garcia's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which
[[Page 30720]]
Garcia 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 October 13, 2028, Juan
Marvin Garcia, with a last known address of Inmate Number: 23021-509,
FCI Beaumont Medium, Federal Correctional Institution, P.O. Box 26040,
Beaumont, TX 77720, 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 Garcia 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, Garcia 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 Garcia and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until October 13, 2028.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-10104 Filed 5-11-23; 8:45 am]
BILLING CODE 3510-DT-P
