In the Matter of: Victor Thomas Diaz, III, Inmate Number: 79995-112, USP LOMPOC, U.S. Penitentiary, 3901 Klein Blvd., Lompoc, CA 93436; Order Denying Export Privileges, 46141-46142 [2023-15334]
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Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
was convicted of violating 18 U.S.C.
554(a). Specifically, Sumlin was
convicted of attempting to smuggle from
the United States to Mexico firearms,
namely silencers, a short barreled rifle,
and a destructive device. As a result of
his conviction, the Court sentenced
Sumlin to five years of probation, $100
assessment and $150 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.
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 Sumlin’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
Sumlin to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Sumlin.
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 Sumlin’s export
privileges under the Regulations for a
period of seven years from the date of
Sumlin’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Sumlin had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
September 11, 2026, Tyler James
Sumlin, with a last known address of
4318 South Florida Avenue, Lot 79,
Inverness, FL 34450, 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’’)
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
00:36 Jul 19, 2023
Jkt 259001
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
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.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
46141
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 Sumlin 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, Sumlin 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 Sumlin and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until September 11, 2026.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–15335 Filed 7–18–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Victor Thomas Diaz,
III, Inmate Number: 79995–112, USP
LOMPOC, U.S. Penitentiary, 3901 Klein
Blvd., Lompoc, CA 93436; Order
Denying Export Privileges
On April 18, 2022, in the U.S. District
Court for the Central District of
California, Victor Thomas Diaz, III
(‘‘Diaz’’) was convicted of violating 18
U.S.C. 371. Specifically, Diaz 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 Diaz to 24 months
of confinement, three years of
supervised release, and a $200
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
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.
E:\FR\FM\19JYN1.SGM
19JYN1
ddrumheller on DSK120RN23PROD with NOTICES1
46142
Federal Register / Vol. 88, No. 137 / Wednesday, July 19, 2023 / Notices
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 Diaz’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
Diaz to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Diaz.
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 Diaz’s export
privileges under the Regulations for a
period of 10 years from the date of
Diaz’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Diaz had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
April 18, 2032, Victor Thomas Diaz, III,
with a last known address of Inmate
Number: 79995–112, USP LOMPOC,
U.S. Penitentiary, 3901 Klein Blvd.,
Lompoc, CA 93436, 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
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
00:36 Jul 19, 2023
Jkt 259001
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 Diaz 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, Diaz 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 Diaz and shall be published
in the Federal Register.
PO 00000
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Fmt 4703
Sfmt 4703
Sixth, this Order is effective
immediately and shall remain in effect
until April 18, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–15334 Filed 7–18–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
Corporation for Travel Promotion
Board of Directors
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an opportunity for
travel and tourism industry leaders to
apply for membership on the Board of
Directors of the Corporation for Travel
Promotion.
AGENCY:
The Department of Commerce
is currently seeking applications from
travel and tourism leaders from specific
industry sectors for membership on the
Board of Directors (Board) of the
Corporation for Travel Promotion (doing
business as Brand USA). The purpose of
the Board is to guide the Corporation for
Travel Promotion on matters relating to
the promotion of the United States as a
travel destination and communication
of travel facilitation issues, among other
tasks.
DATES: All applications must be
received by the National Travel and
Tourism Office by close of business on
Friday, September 15, 2023.
ADDRESSES: Please submit application
information by email to CTPBoard@
trade.gov.
FOR FURTHER INFORMATION CONTACT: Julie
Heizer, National Travel and Tourism
Office, U.S. Department of Commerce;
telephone: 202–482–0140; email:
CTPBoard@trade.gov.
SUPPLEMENTARY INFORMATION: The
Travel Promotion Act of 2009 (TPA) was
signed into law on March 4, 2010 and
was amended in July 2010, December
2014, and again in December 2019. The
TPA established the Corporation for
Travel Promotion (the Corporation), as a
non-profit corporation charged with the
development and execution of a plan to
(A) provide useful information to those
interested in traveling to the United
States; (B) identify and address
perceptions regarding U.S. entry
policies; (C) maximize economic and
diplomatic benefits of travel to the
United States through the use of various
promotional tools; (D) ensure that
international travel benefits all States,
SUMMARY:
E:\FR\FM\19JYN1.SGM
19JYN1
]]>Agencies
[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Notices]
[Pages 46141-46142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15334]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Victor Thomas Diaz, III, Inmate Number: 79995-
112, USP LOMPOC, U.S. Penitentiary, 3901 Klein Blvd., Lompoc, CA 93436;
Order Denying Export Privileges
On April 18, 2022, in the U.S. District Court for the Central
District of California, Victor Thomas Diaz, III (``Diaz'') was
convicted of violating 18 U.S.C. 371. Specifically, Diaz 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 Diaz to 24 months of confinement, three
years of supervised release, and a $200 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
[[Page 46142]]
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 Diaz'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 Diaz to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a written submission from Diaz.
---------------------------------------------------------------------------
\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 Diaz's export privileges under
the Regulations for a period of 10 years from the date of Diaz's
conviction. The Office of Exporter Services has also decided to revoke
any BIS-issued licenses in which Diaz 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 April 18, 2032, Victor
Thomas Diaz, III, with a last known address of Inmate Number: 79995-
112, USP LOMPOC, U.S. Penitentiary, 3901 Klein Blvd., Lompoc, CA 93436,
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 Diaz 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, Diaz 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 Diaz and shall be
published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until April 18, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-15334 Filed 7-18-23; 8:45 am]
BILLING CODE 3510-DT-P
