In the Matter of: Carlos Daniel Rodriguez, Inmate Number: 55257-509, FCI Bastrop, Federal Correctional Institution, P.O. Box 1010, Bastrop, TX 78602; Order Denying Export Privileges, 32727-32728 [2023-10872]

Download as PDF Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Notices be subject to the existing activation limit of FTZ 244. No authority for production activity has been requested at this time. In accordance with the FTZ Board’s regulations, Qahira El-Amin of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is July 3, 2023. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to July 17, 2023. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Qahira El-Amin at Qahira.El-Amin@ trade.gov. Dated: May 17, 2023. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2023–10853 Filed 5–19–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security ddrumheller on DSK120RN23PROD with NOTICES1 In the Matter of: Carlos Daniel Rodriguez, Inmate Number: 55257–509, FCI Bastrop, Federal Correctional Institution, P.O. Box 1010, Bastrop, TX 78602; Order Denying Export Privileges On December 2, 2021, in the U.S. District Court for the Southern District of Texas, Carlos Daniel Rodriguez (‘‘Rodriguez’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Rodriguez was convicted of smuggling from the United States to Mexico, approximately 15,000 rounds of 5.56millimeter ammunition and approximately 193 thirty-round magazines designed for use in AR-type rifles. As a result of his conviction, the Court sentenced Rodriguez to 46 months of 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 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. VerDate Sep<11>2014 18:54 May 19, 2023 Jkt 259001 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 Rodriguez’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 Rodriguez to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Rodriguez. 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 Rodriguez’s export privileges under the Regulations for a period of 10 years from the date of Rodriguez’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Rodriguez had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until December 2, 2031, Carlos Daniel Rodriguez, with a last known address of Inmate Number: 55257–509, FCI Bastrop, Federal Correctional Institution, P.O. Box 1010, Bastrop, TX 78602, 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 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). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 32727 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 Rodriguez 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, Rodriguez may file an appeal of this Order with the Under Secretary of Commerce for Industry and E:\FR\FM\22MYN1.SGM 22MYN1 32728 Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Notices 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 Rodriguez and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until December 2, 2031. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–10872 Filed 5–19–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security ddrumheller on DSK120RN23PROD with NOTICES1 In the Matter of: Manuel Alberto Munoz-Sandoval, Inmate Number: 17385–509, FCI Big Spring, Federal Correctional Institution, 1900 Simler Ave, Big Spring, TX 79720; Order Denying Export Privileges On November 10, 2021, in the U.S. District Court for the Western District of Texas, Manuel Alberto Munoz-Sandoval (‘‘Munoz-Sandoval’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Munoz-Sandoval was convicted of smuggling from the United States to Mexico, semi-automatic firearms, to wit: an Iberia Hi-Point, model JCP, .40 caliber pistol; a Smith and Wesson, model SD9VE, 9 mm caliber pistol; a Taurus, model PT111 G2A, 9mm caliber pistol; and a Ruger, model LCP II, .380 caliber pistol. As a result of his conviction, the Court sentenced MunozSandoval to 28 months of confinement with credit for time served, 2 years 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 MunozSandoval’s conviction for violating 18 U.S.C. 554. As provided in section 766.25 of the Export Administration 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. VerDate Sep<11>2014 18:54 May 19, 2023 Jkt 259001 Regulations (‘‘EAR’’ or the ‘‘Regulations’’), BIS provided notice and opportunity for Munoz-Sandoval to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from MunozSandoval. 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 MunozSandoval’s export privileges under the Regulations for a period of five years from the date of Munoz-Sandoval’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which MunozSandoval had an interest at the time of his conviction.3 Accordingly, it is hereby Ordered: First, from the date of this Order until November 10, 2026, Manuel Alberto Munoz-Sandoval, with a last known address of Inmate Number: 17385–509, FCI Big Spring, Federal Correctional Institution, 1900 Simler Ave, Big Spring, TX 79720, 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: 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). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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 Munoz-Sandoval 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, Munoz-Sandoval 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 Munoz-Sandoval and shall be published in the Federal Register. E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Notices]
[Pages 32727-32728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10872]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Carlos Daniel Rodriguez, Inmate Number: 55257-
509, FCI Bastrop, Federal Correctional Institution, P.O. Box 1010, 
Bastrop, TX 78602; Order Denying Export Privileges

    On December 2, 2021, in the U.S. District Court for the Southern 
District of Texas, Carlos Daniel Rodriguez (``Rodriguez'') was 
convicted of violating 18 U.S.C. 554(a). Specifically, Rodriguez was 
convicted of smuggling from the United States to Mexico, approximately 
15,000 rounds of 5.56-millimeter ammunition and approximately 193 
thirty-round magazines designed for use in AR-type rifles. As a result 
of his conviction, the Court sentenced Rodriguez to 46 months of 
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 Rodriguez'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 Rodriguez to make a written submission to BIS. 15 CFR 
766.25.\2\ BIS has not received a written submission from Rodriguez.
---------------------------------------------------------------------------

    \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 Rodriguez's export privileges 
under the Regulations for a period of 10 years from the date of 
Rodriguez's conviction. The Office of Exporter Services has also 
decided to revoke any BIS-issued licenses in which Rodriguez 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 2, 2031, Carlos 
Daniel Rodriguez, with a last known address of Inmate Number: 55257-
509, FCI Bastrop, Federal Correctional Institution, P.O. Box 1010, 
Bastrop, TX 78602, 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 Rodriguez 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, Rodriguez 
may file an appeal of this Order with the Under Secretary of Commerce 
for Industry and

[[Page 32728]]

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 Rodriguez and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until December 2, 2031.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-10872 Filed 5-19-23; 8:45 am]
BILLING CODE 3510-DT-P
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