In the Matter of: Alex Yun Cheong Yue, 9723 Cortada Street, South El Monte, CA 91733; Order Denying Export Privileges, 33093-33094 [2023-10963]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Notices
comply with the provisions of part 756
of the Regulations.
Fifth, a copy of this Order shall be
delivered to Soto and shall be published
in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until August 10, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–10965 Filed 5–22–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
lotter on DSK11XQN23PROD with NOTICES1
In the Matter of: Mario Ismael Quijada,
Jr., 10039 W Parkway Drive, Tolleson,
AZ 85353; Order Denying Export
Privileges
On January 13, 2020, in the U.S.
District Court for the District of Arizona,
Mario Ismael Quijada, Jr. (‘‘Quijada’’)
was convicted of violating 18 U.S.C.
371. Specifically, Quijada was convicted
of conspiring to straw purchase and
smuggle firearms to Mexico. As a result
of his conviction, the Court sentenced
Quijada to 12 months and one day of
confinement, with credit for time served
and 36 months of supervised release.
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, 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 Quijada’s
conviction for violating 18 U.S.C. 371.
As provided in section 766.25 of the
Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’), BIS
provided notice and opportunity for
Quijada to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Quijada.
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,
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).
VerDate Sep<11>2014
17:24 May 22, 2023
Jkt 259001
I have decided to deny Quijada’s export
privileges under the Regulations for a
period of 10 years from the date of
Quijada’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Quijada had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
January 13, 2030, Mario Ismael Quijada,
Jr., with a last known address of 10039
W. Parkway Drive, Tolleson, AZ 85353,
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
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 00014
Fmt 4703
Sfmt 4703
33093
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 Quijada 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, Quijada 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 Quijada and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until January 13, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–10961 Filed 5–22–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Alex Yun Cheong Yue,
9723 Cortada Street, South El Monte,
CA 91733; Order Denying Export
Privileges
On March 3, 2021, in the U.S. District
Court for the District of Massachusetts,
Alex Yun Cheong Yue (‘‘Yue’’), was
E:\FR\FM\23MYN1.SGM
23MYN1
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).
VerDate Sep<11>2014
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
PO 00000
Frm 00015
Fmt 4703
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
]]>Agencies
[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Notices]
[Pages 33093-33094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10963]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Alex Yun Cheong Yue, 9723 Cortada Street, South
El Monte, CA 91733; Order Denying Export Privileges
On March 3, 2021, in the U.S. District Court for the District of
Massachusetts, Alex Yun Cheong Yue (``Yue''), was
[[Page 33094]]
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.
---------------------------------------------------------------------------
\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 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.
---------------------------------------------------------------------------
\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 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\
---------------------------------------------------------------------------
\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 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 (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 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
