In the Matter of: David Alberto Duarte-Marquez, Calle Prol San Juan, Sur 50, Fracc San Carlos, Nogales, Sonora, Mexico 84090; Order Denying Export Privileges, 33094-33095 [2023-10884]
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33094
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
convicted of violating the International
Emergency Economic Powers Act (50
U.S.C 1701, et seq.) (‘‘IEEPA’’) and 18
U.S.C. 554(a). Specifically, Yue was
convicted of three counts of violating
IEEPA for conspiring to export and
knowingly and willfully exporting,
attempting to export, and causing to be
exported cesium atomic clocks from the
United States to Hong Kong without
first obtaining the required licenses
from the Department and one count of
violating 18 U.S.C. 554(a) for
fraudulently and knowingly buying,
selling, and facilitating the
transportation, concealment and sale of
cesium atomic clocks to Hong Kong.
As a result of his conviction, the
Court sentenced Yue to time served,
three years of supervised release, and a
$400 court assessment. The Court also
ordered the civil forfeiture of Yue’s
interest in $5,690.67 to the United
States.
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, IEEPA 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) (Prior Convictions). 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 Yue’s
conviction for violating IEEPA and 18
U.S.C. 554, and has provided notice and
opportunity for Yue to make a written
submission to BIS, as provided in
section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’). 15 CFR 766.25.2 BIS
has not received a written submission
from Yue.
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 Yue’s export
privileges under the Regulations for a
period of 10 years from the date of Yue’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which Yue had
an interest at the time of his conviction.3
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).
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17:24 May 22, 2023
Jkt 259001
Accordingly, it is hereby ordered:
First, from the date of this Order until
March 3, 2031, Alex Yun Cheong Yue,
with a last known address of 9723
Cortada Street, South El Monte, CA
91733, 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
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Sfmt 4703
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 Yue 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, Yue 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 Yue and shall be published
in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until March 3, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–10963 Filed 5–22–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: David Alberto DuarteMarquez, Calle Prol San Juan, Sur 50,
Fracc San Carlos, Nogales, Sonora,
Mexico 84090; Order Denying Export
Privileges
On January 26, 2021, in the U.S.
District Court for the District of Arizona,
David Alberto Duarte-Marquez (‘‘DuarteMarquez’’) was convicted of violating 18
U.S.C. 554(a). Specifically, DuarteMarquez was convicted of smuggling
and attempting to smuggle from the
United States to Mexico, M203 40 mm
grenade launcher barrels. As a result of
his conviction, the Court sentenced
Duarte-Marquez to 33 months of
confinement with credit for time served,
three years of supervised release and a
$100 special assessment.
E:\FR\FM\23MYN1.SGM
23MYN1
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
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 DuarteMarquez’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 Duarte-Marquez to make
a written submission to BIS. 15 CFR
766.25.2 BIS has not received a written
submission from Duarte-Marquez.
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 DuarteMarquez’s export privileges under the
Regulations for a period of ten years
from the date of Duarte-Marquez’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which DuarteMarquez had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
January 26, 2031, David Alberto DuarteMarquez, with a last known address of
Calle Prol San Juan, Sur 50, Fracc San
Carlos, Nogales, Sonora, Mexico 84090,
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;
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
17:24 May 22, 2023
Jkt 259001
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 Duarte-Marquez by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
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Fmt 4703
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33095
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, Duarte-Marquez 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 Duarte-Marquez and shall
be published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until January 26, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–10884 Filed 5–22–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Jacobo Javier GarzaSolis, 1614 Solar Dr., Mission, TX
78572; Order Denying Export
Privileges
On October 16, 2020, in the U.S.
District Court for the Southern District
of Texas, Jacobo Javier Garza-Solis
(‘‘Garza-Solis’’) was convicted of
violating section 38 of the Arms Export
Control Act (22 U.S.C 2778) (‘‘AECA’’).
Specifically, Garza-Solis was convicted
of knowingly and willfully exporting
and causing to be exported and
attempting to export and attempting to
cause to be exported from the United
States to Mexico, one Glock, .40 caliber,
semiautomatic handgun charged with a
magazine containing 13 rounds of
ammunition and approximately 1,540
rounds of 7.62 x 39mm ammunition,
which were designated as defense
articles on the United States Munitions
List, without first obtaining from the
Department of State a license for such
export or written authorization. As a
result of his conviction, the Court
sentenced Garza-Solis to 82 months in
prison, three years of supervised release
and a $100 assessment.
Pursuant to section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, Section 38
of the AECA, may be denied for a period
of up to ten (10) years from the date of
his/her conviction. See 50 U.S.C.
4819(e). In addition, any Bureau of
Industry and Security (‘‘BIS’’) licenses
or other authorizations issued under
E:\FR\FM\23MYN1.SGM
23MYN1
]]>Agencies
[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Notices]
[Pages 33094-33095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10884]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: David Alberto Duarte-Marquez, Calle Prol San
Juan, Sur 50, Fracc San Carlos, Nogales, Sonora, Mexico 84090; Order
Denying Export Privileges
On January 26, 2021, in the U.S. District Court for the District of
Arizona, David Alberto Duarte-Marquez (``Duarte-Marquez'') was
convicted of violating 18 U.S.C. 554(a). Specifically, Duarte-Marquez
was convicted of smuggling and attempting to smuggle from the United
States to Mexico, M203 40 mm grenade launcher barrels. As a result of
his conviction, the Court sentenced Duarte-Marquez to 33 months of
confinement with credit for time served, three years of supervised
release and a $100 special assessment.
[[Page 33095]]
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 Duarte-Marquez'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 Duarte-Marquez to make a written submission to BIS. 15
CFR 766.25.\2\ BIS has not received a written submission from Duarte-
Marquez.
---------------------------------------------------------------------------
\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 Duarte-Marquez's export
privileges under the Regulations for a period of ten years from the
date of Duarte-Marquez's conviction. The Office of Exporter Services
has also decided to revoke any BIS-issued licenses in which Duarte-
Marquez 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 January 26, 2031, David
Alberto Duarte-Marquez, with a last known address of Calle Prol San
Juan, Sur 50, Fracc San Carlos, Nogales, Sonora, Mexico 84090, 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 Duarte-Marquez 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, Duarte-
Marquez 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 Duarte-Marquez
and shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 26, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-10884 Filed 5-22-23; 8:45 am]
BILLING CODE 3510-DT-P
