In the Matter of: Patrick Lee Sousa, Inmate Number: 79996-112, FCI Sheridan, Federal Correctional Institution, P.O. Box 5000, Sheridan, OR 97378; Order Denying Export Privileges, 39402-39403 [2023-12951]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 39402 Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices Doyduk had an interest at the time of his conviction.2 Accordingly, it is hereby ordered: First, from the date of this Order until July 12, 2029, Samet Doyduk, with a last known address of 32 E 10th Avenue, Runnemede, NJ 08078–1128, 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 2 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 17:43 Jun 15, 2023 Jkt 259001 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 Doyduk 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, Doyduk 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 Doyduk and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until July 12, 2029. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–12948 Filed 6–15–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Patrick Lee Sousa, Inmate Number: 79996–112, FCI Sheridan, Federal Correctional Institution, P.O. Box 5000, Sheridan, OR 97378; Order Denying Export Privileges On October 29, 2021, in the U.S. District Court for the Central District of California, Patrick Lee Sousa (‘‘Sousa’’) was convicted of violating 18 U.S.C. 371. Specifically, Sousa was convicted of conspiring to knowingly, intentionally, and willfully engage in PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 the business of dealing firearms without a license. As a result of his conviction, the Court sentenced Sousa to 57 months of confinement, three years of supervised release, and a $300 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. 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 Sousa’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 Sousa to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Sousa. 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 Sousa’s export privileges under the Regulations for a period of 10 years from the date of Sousa’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Sousa had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until October 29, 2031, Patrick Lee Sousa, with a last known address of Inmate Number: 79996–112, FCI Sheridan, Federal Correctional Institution, P.O. Box 5000, Sheridan, OR 97378, 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 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\16JNN1.SGM 16JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices 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 ECRA and sections 766.23 and 766.25 of the Regulations, any other person, firm, VerDate Sep<11>2014 17:43 Jun 15, 2023 Jkt 259001 corporation, or business organization related to Sousa 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, Sousa 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 Sousa and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until October 29, 2031. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–12951 Filed 6–15–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Luis David Armendariz, Inmate Number: 66994– 509, FCI Texarkana, Federal Correctional Institution, P.O. Box 7000, Texarkana, TX 75505 Order Denying Export Privileges On May 11, 2022, in the U.S. District Court for the Western District of Texas, Luis David Armendariz (‘‘Armendariz’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Armendariz was convicted of smuggling from the United States to Mexico approximately 19,000 rounds of assorted ammunition which is a controlled item as defined in the Commerce Control List, without the required license. As a result of his conviction, the Court sentenced Armendariz to 37 months of confinement, two 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 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. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 39403 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 Armendariz’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 Armendariz to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Armendariz. 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 Armendariz’s export privileges under the Regulations for a period of 10 years from the date of Armendariz’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Armendariz had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until May 11, 2032, Luis David Armendariz, with a last known address of Inmate Number: 66994–509, FCI Texarkana, Federal Correctional Institution, P.O. Box 7000, Texarkana, TX 75505, 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 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\16JNN1.SGM 16JNN1

Agencies

[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39402-39403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12951]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Patrick Lee Sousa, Inmate Number: 79996-112, 
FCI Sheridan, Federal Correctional Institution, P.O. Box 5000, 
Sheridan, OR 97378; Order Denying Export Privileges

    On October 29, 2021, in the U.S. District Court for the Central 
District of California, Patrick Lee Sousa (``Sousa'') was convicted of 
violating 18 U.S.C. 371. Specifically, Sousa was convicted of 
conspiring to knowingly, intentionally, and willfully engage in the 
business of dealing firearms without a license. As a result of his 
conviction, the Court sentenced Sousa to 57 months of confinement, 
three years of supervised release, and a $300 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. 
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.
---------------------------------------------------------------------------

    \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 Sousa'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 Sousa to make a written submission to BIS. 15 CFR 
766.25.\2\ BIS has not received a written submission from Sousa.
---------------------------------------------------------------------------

    \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 Sousa's export privileges 
under the Regulations for a period of 10 years from the date of Sousa's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Sousa 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 29, 2031, Patrick 
Lee Sousa, with a last known address of Inmate Number: 79996-112, FCI 
Sheridan, Federal Correctional Institution, P.O. Box 5000, Sheridan, OR 
97378, 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

[[Page 39403]]

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 Sousa 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, Sousa 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 Sousa and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until October 29, 2031.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-12951 Filed 6-15-23; 8:45 am]
BILLING CODE 3510-DT-P
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