In the Matter of: Luis David Armendariz, Inmate Number: 66994-509, FCI Texarkana, Federal Correctional Institution, P.O. Box 7000, Texarkana, TX 75505, 39403-39404 [2023-12952]
Download as PDF
<![CDATA[
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
ddrumheller on DSK120RN23PROD with NOTICES1
39404
Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices
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 Armendariz 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, Armendariz 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.
VerDate Sep<11>2014
17:43 Jun 15, 2023
Jkt 259001
Fifth, a copy of this Order shall be
delivered to Armendariz and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until May 11, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–12952 Filed 6–15–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Shaohua ‘‘Eric’’ Wang,
972 Red Granite Road, Chula Vista, CA
91913; Order Denying Export
Privileges
On February 3, 2020, in the U.S.
District Court for the Southern District
of California, Shaohua ‘‘Eric’’ Wang
(‘‘Wang’’) was convicted of violating 18
U.S.C. 371. Specifically, Wang was
convicted of conspiring to willfully
export from the United States to China,
controlled military equipment and
supplies for profit, without the required
licenses. As a result of his conviction,
the Court sentenced Wang to 46 months
of confinement, three years of
supervised release, $200 special
assessment, and a $25,000 criminal fine.
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 Wang’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
Wang to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Wang.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
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).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Director, and the facts available to BIS,
I have decided to deny Wang’s export
privileges under the Regulations for a
period of 10 years from the date of
Wang’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Wang had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
February 3, 2030, Shaohua ‘‘Eric’’ Wang,
with a last known address of 972 Red
Granite Road, Chula Vista, CA 91913,
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).
E:\FR\FM\16JNN1.SGM
16JNN1
]]>Agencies
[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39403-39404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12952]
-----------------------------------------------------------------------
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 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 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.
---------------------------------------------------------------------------
\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 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\
---------------------------------------------------------------------------
\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 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
[[Page 39404]]
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 Armendariz 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, Armendariz
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 Armendariz and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until May 11, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-12952 Filed 6-15-23; 8:45 am]
BILLING CODE 3510-DT-P
