In the Matter of: Jacobo Javier Garza-Solis, 1614 Solar Dr., Mission, TX 78572; Order Denying Export Privileges, 33095-33096 [2023-10967]

Download as PDF 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 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 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 lotter on DSK11XQN23PROD with NOTICES1 33096 Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Notices ECRA, in which the person had an interest at the time of the conviction, may be revoked. Id. BIS received notice of Garza-Solis’s conviction for violating Section 38 of the AECA. BIS provided notice and opportunity for Garza-Solis 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 Garza-Solis. 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 Garza-Solis’s export privileges under the Regulations for a period of 10 years from the date of Garza-Solis’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Garza-Solis had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until October 16, 2030, Jacobo Javier GarzaSolis, with a last known address of 1614 Solar Dr., Mission, TX 78572, 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. 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 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 (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 GarzaSolis 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, Garza-Solis 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 Garza-Solis and shall be published in the Federal Register. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Sixth, this Order is effective immediately and shall remain in effect until October 16, 2030. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–10967 Filed 5–22–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–421–815, A–455–806, A–469–825] Certain Preserved Mushrooms From the Netherlands, Poland, and Spain: Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty orders on certain preserved mushrooms (preserved mushrooms) from the Netherlands, Poland, and Spain. DATES: Applicable May 23, 2023. FOR FURTHER INFORMATION CONTACT: Alex Cipolla at (202) 482–4956 (the Netherlands), Eliza DeLong at (202) 482–3878 (Poland), or Katherine Johnson at (202) 482–4929 (Spain), AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background In accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended (the Act), on March 27, 2023, Commerce published its affirmative final determinations in the less-thanfair-value (LTFV) investigations of preserved mushrooms from the Netherlands, Poland, and Spain.1 On May 11, 2023, the ITC notified Commerce of its final determinations, pursuant to section 735(d) of the Act, that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of preserved 1 See Certain Preserved Mushrooms from the Netherlands: Final Affirmative Determination of Sales at Less Than Fair Value, 88 FR 18115 (March 27, 2023); Certain Preserved Mushrooms from Poland: Final Affirmative Determination of Sales at Less Than Fair Value, 88 FR 18118 (March 27, 2023); and Certain Preserved Mushrooms from Spain: Final Affirmative Determination of Sales at Less Than Fair Value, 88 FR 18120 (March 27, 2023). E:\FR\FM\23MYN1.SGM 23MYN1

Agencies

[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Notices]
[Pages 33095-33096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10967]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Jacobo Javier Garza-Solis, 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

[[Page 33096]]

ECRA, in which the person had an interest at the time of the 
conviction, may be revoked. Id.
    BIS received notice of Garza-Solis's conviction for violating 
Section 38 of the AECA. BIS provided notice and opportunity for Garza-
Solis 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 Garza-Solis.
---------------------------------------------------------------------------

    \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 Garza-Solis's export 
privileges under the Regulations for a period of 10 years from the date 
of Garza-Solis's conviction. The Office of Exporter Services has also 
decided to revoke any BIS-issued licenses in which Garza-Solis 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 16, 2030, Jacobo 
Javier Garza-Solis, with a last known address of 1614 Solar Dr., 
Mission, TX 78572, 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 (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 Garza-Solis 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, Garza-Solis 
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 Garza-Solis and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until October 16, 2030.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-10967 Filed 5-22-23; 8:45 am]
BILLING CODE 3510-DT-P
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