In the Matter of: Nicholas Ayala, Inmate Number: 97331-509, FCI Edgefield, P.O. Box 725, Edgefield, SC 29824, Order Denying Export Privileges, 62536-62537 [2023-19680]
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62536
Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices
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,
corporation, or business organization
related to Santiago by ownership,
VerDate Sep<11>2014
17:32 Sep 11, 2023
Jkt 259001
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, Santiago 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 Santiago and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until October 25, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–19679 Filed 9–11–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Nicholas Ayala, Inmate
Number: 97331–509, FCI Edgefield,
P.O. Box 725, Edgefield, SC 29824,
Order Denying Export Privileges
On November 16, 2022, in the U.S.
District Court for the Southern District
of Florida, Nicholas Ayala (‘‘Ayala’’)
was convicted of violating 18 U.S.C. 371
and 18 U.S.C. 554. Specifically, Ayala
was convicted of conspiring to smuggle
various handguns and firearms from the
United States to Ecuador. As a result of
his conviction, the Court sentenced him
to 36 months in prison, three years of
supervised release, and a $400 special
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 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). 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 Ayala’s
conviction for violating 18 U.S.C. 371
and 18 U.S.C. 554. As provided in
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 00013
Fmt 4703
Sfmt 4703
section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’), BIS provided notice
and opportunity for Ayala to make a
written submission to BIS. 15 CFR
766.25.2 BIS has not received a written
submission from Ayala.
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 Ayala’s export
privileges under the Regulations for a
period of 10 years from the date of
Ayala’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Ayala had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
November 16, 2032, Nicholas Ayala,
with a last known address of Inmate
Number: 97331–509, FCI Edgefield, P.O.
Box 725, Edgefield, SC 29824, 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
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\12SEN1.SGM
12SEN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices
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 Ayala 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, Ayala 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 Ayala and shall be
published in the Federal Register.
VerDate Sep<11>2014
17:32 Sep 11, 2023
Jkt 259001
Sixth, this Order is effective
immediately and shall remain in effect
until November 16, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–19680 Filed 9–11–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–820]
Silicon Metal From Malaysia:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that sales of silicon metal
from Malaysia were not sold in the
United States at less than normal value
(NV) during the period of review (POR),
February 1, 2021, through July 31, 2022.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 12, 2023.
FOR FURTHER INFORMATION CONTACT:
Rachel Jennings, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1110.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 19, 2021, Commerce
published in the Federal Register an
antidumping duty order on silicon
metal from Malaysia.1 On August 2,
2022, we published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.2 On October 11, 2022, based on
a timely request for an administrative
review, Commerce initiated an
administrative review with respect to
PMB Silicon Sdn. Bhd (PMB Silicon).3
On April 21, 2023, Commerce
extended the time limit for completing
the preliminary results of this review
1 See Silicon Metal from Malaysia: Antidumping
Duty Order, 86 FR 46677 (August 19, 2021) (Order).
2 See Antidumping and Countervailing Duty
Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review and
Join Annual Inquiry Service List, 87 FR 47187
(August 2, 2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
61278 (October 11, 2022).
PO 00000
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Fmt 4703
Sfmt 4703
62537
until August 31, 2023.4 For a complete
description of the events between the
initiation of this review and these
preliminary results, see the Preliminary
Decision Memorandum.5
Scope of the Order
The merchandise covered by the
scope of this Order is silicon metal from
Malaysia.6
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance
with section 772 of the Act. NV is
calculated in accordance with section
773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Preliminary Results of the Review
We preliminarily determine that the
following estimated weighted-average
dumping margin exists during the
period February 1, 2021, through July
31, 2022:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
PMB Silicon Sdn. Bhd ................
0.00
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon here in advance
of the final results of this review.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022,’’ dated April
21, 2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Silicon Metal from
Malaysia; 2021–2022,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
6 For a complete description of the scope of the
Order, see Preliminary Decision Memorandum.
E:\FR\FM\12SEN1.SGM
12SEN1
]]>Agencies
[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Notices]
[Pages 62536-62537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19680]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Nicholas Ayala, Inmate Number: 97331-509, FCI
Edgefield, P.O. Box 725, Edgefield, SC 29824, Order Denying Export
Privileges
On November 16, 2022, in the U.S. District Court for the Southern
District of Florida, Nicholas Ayala (``Ayala'') was convicted of
violating 18 U.S.C. 371 and 18 U.S.C. 554. Specifically, Ayala was
convicted of conspiring to smuggle various handguns and firearms from
the United States to Ecuador. As a result of his conviction, the Court
sentenced him to 36 months in prison, three years of supervised
release, and a $400 special 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 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). 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 Ayala's conviction for violating 18 U.S.C.
371 and 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 Ayala to make a written submission
to BIS. 15 CFR 766.25.\2\ BIS has not received a written submission
from Ayala.
---------------------------------------------------------------------------
\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 Ayala's export privileges
under the Regulations for a period of 10 years from the date of Ayala's
conviction. The Office of Exporter Services has also decided to revoke
any BIS-issued licenses in which Ayala 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 November 16, 2032,
Nicholas Ayala, with a last known address of Inmate Number: 97331-509,
FCI Edgefield, P.O. Box 725, Edgefield, SC 29824, 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
[[Page 62537]]
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 Ayala 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, Ayala 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 Ayala and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until November 16, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-19680 Filed 9-11-23; 8:45 am]
BILLING CODE 3510-DT-P
