In the Matter of: Carlos Eduardo Zepeda, 11905 Pueblo Amable Way, El Paso, TX 79936-4431; Order Denying Export Privileges, 68568-68569 [2023-21900]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 68568 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 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 (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 Duroseau 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, Duroseau 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 VerDate Sep<11>2014 20:21 Oct 03, 2023 Jkt 262001 Order and must comply with the provisions of part 756 of the Regulations. Fifth, a copy of this Order shall be delivered to Duroseau and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until May 24, 2032. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–21901 Filed 10–3–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Carlos Eduardo Zepeda, 11905 Pueblo Amable Way, El Paso, TX 79936–4431; Order Denying Export Privileges On December 1, 2022, in the U.S. District Court for the Western District of Texas, Carlos Eduardo Zepeda (‘‘Zepeda’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Zepeda was convicted of smuggling from the United States to Mexico approximately 800 rounds of 5.56 mm ammunition. As a result of his conviction, the Court sentenced Zepeda to 24 months of imprisonment, three 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. BIS received notice of Zepeda’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 Zepeda to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Zepeda. Based upon my review of the record and consultations with BIS’s Office of 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 00010 Fmt 4703 Sfmt 4703 Exporter Services, including its Director, and the facts available to BIS, I have decided to deny Zepeda’s export privileges under the Regulations for a period of seven years from the date of Zepeda’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Zepeda had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until December 1, 2029, Carlos Eduardo Zepeda, with a last known address of 11905 Pueblo Amable Way, El Paso, TX 79936–4431, 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; 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\04OCN1.SGM 04OCN1 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 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 Zepeda 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, Zepeda 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 Zepeda and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until December 1, 2029. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–21900 Filed 10–3–23; 8:45 am] BILLING CODE 3510–33–P Notice of Completion of Panel Review in the matter of Certain Fabricated Structural Steel from Mexico; Final Negative Injury Determination (Secretariat File Number: USA–MEX– 2020–1904–04). ACTION: The NAFTA Secretariat has received a consent motion filed on behalf of the Full Member Subgroup of the American Institute of Steel Construction, LLC, requesting the termination of panel review in the Certain Fabricated Structural Steel from Mexico; Final Negative Injury Determination (Fabricated Structural Steel from Mexico IN) dispute. Given all the participants have agreed to the termination of panel review in this consent motion, and pursuant to Rule 71(2) of the NAFTA Rules of Procedure for Article 1904 Binational Panel Reviews (Rules), the Fabricated Structural Steel from Mexico IN dispute has been terminated. As a result, and in accordance with Rule 78(a), notice is hereby given that panel review of the Fabricated Structural Steel from Mexico IN dispute has been completed effective September 28, 2023. SUMMARY: FOR FURTHER INFORMATION CONTACT: Vidya Desai, United States Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, (202) 482–5438. Chapter 19 of article 1904 of NAFTA provides a dispute settlement mechanism involving trade remedy determinations issued by the government of the United States, the government of Canada, and the government of Mexico. There are established Rules, which were adopted by the three governments and require Notices of Completion of Panel Review to be published in accordance with Rule 78. For the complete Rules, please see https://www.nafta-sec-alena.org/Home/ Texts-of-the-Agreement/Rules-ofProcedure/Article-1904. SUPPLEMENTARY INFORMATION: Dated: September 29, 2023. Vidya Desai, U.S. Secretary, NAFTA Secretariat. DEPARTMENT OF COMMERCE [FR Doc. 2023–21993 Filed 10–3–23; 8:45 am] International Trade Administration lotter on DSK11XQN23PROD with NOTICES1 Administration, Department of Commerce. BILLING CODE 3510–GT–P North American Free Trade Agreement (NAFTA), Article 1904; Binational Panel Reviews: Notice of Completion of Panel Review United States Section, NAFTA Secretariat, International Trade AGENCY: VerDate Sep<11>2014 20:21 Oct 03, 2023 Jkt 262001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 68569 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD445] Marine Fisheries Advisory Committee Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of open public meeting. AGENCY: This notice sets forth the proposed schedule and agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined under SUPPLEMENTARY INFORMATION below. SUMMARY: The meeting will be November 14, 15, and 16 from 8:30 a.m. to 5 p.m. eastern time. ADDRESSES: The meeting will be held at the Royal Sonesta Hotel, 2121 P Street NW, Washington, DC 20037; 202–448– 1800. Meeting will also be by webinar and teleconference. FOR FURTHER INFORMATION CONTACT: Katie (Denman) Zanowicz, MAFAC Assistant; 301–427–8038; email: Katie.denman@noaa.gov. SUPPLEMENTARY INFORMATION: As required by section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given of a meeting of MAFAC. The MAFAC was established by the Secretary of Commerce (Secretary) and, since 1971, advises the Secretary on all living marine resource matters that are the responsibility of the Department of Commerce. The charter and summaries of prior meetings are located online at https://www.fisheries.noaa.gov/topic/ partners/marine-fisheries-advisorycommittee. DATES: Matters To Be Considered The meeting time and agenda are subject to change. The meeting is convened to hear presentations and discuss policies and guidance on the following topics: climate science and management for climate-ready fisheries, budget communications and transparency, trade and seafood promotion activities, recreational fisheries, habitat restoration, and other program updates. MAFAC will discuss various administrative and organizational matters, and meetings of subcommittees and working groups will be convened. E:\FR\FM\04OCN1.SGM 04OCN1

Agencies

[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68568-68569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21900]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Carlos Eduardo Zepeda, 11905 Pueblo Amable Way, 
El Paso, TX 79936-4431; Order Denying Export Privileges

    On December 1, 2022, in the U.S. District Court for the Western 
District of Texas, Carlos Eduardo Zepeda (``Zepeda'') was convicted of 
violating 18 U.S.C. 554(a). Specifically, Zepeda was convicted of 
smuggling from the United States to Mexico approximately 800 rounds of 
5.56 mm ammunition. As a result of his conviction, the Court sentenced 
Zepeda to 24 months of imprisonment, three 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 Zepeda'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 Zepeda to make a written submission to BIS. 15 CFR 
766.25.\2\ BIS has not received a written submission from Zepeda.
---------------------------------------------------------------------------

    \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 Zepeda's export privileges 
under the Regulations for a period of seven years from the date of 
Zepeda's conviction. The Office of Exporter Services has also decided 
to revoke any BIS-issued licenses in which Zepeda 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 December 1, 2029, Carlos 
Eduardo Zepeda, with a last known address of 11905 Pueblo Amable Way, 
El Paso, TX 79936-4431, 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;

[[Page 68569]]

    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 Zepeda 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, Zepeda 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 Zepeda and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until December 1, 2029.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-21900 Filed 10-3-23; 8:45 am]
BILLING CODE 3510-33-P
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