In the Matter of: Javier Alonso Galvan-Hernandez Inmate Number: 79786-509, FCI Bastrop, P.O. Box 1010, Bastrop, TX 78602; Order Denying Export Privileges, 88566-88567 [2023-28274]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 88566 Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices including, but not limited to, IEEPA, 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) (Prior Convictions). 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 Soong’s conviction for violating IEEPA, and has provided notice and opportunity for Soong to make a written submission to BIS, as provided in section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’). 15 CFR 766.25.2 BIS has not received a written submission from Soong. 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 Soong’s export privileges under the Regulations for a period of 10 years from the date of Soong’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Soong had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until April 28, 2033, Jonathan Yet Wing Soong, with a last known address of Inmate Number: 03089–510, 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 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 18:10 Dec 21, 2023 Jkt 262001 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 the Export Control Reform Act (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 Soong 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, Soong may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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 Soong and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until April 28, 2033. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–28268 Filed 12–21–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Javier Alonso GalvanHernandez Inmate Number: 79786–509, FCI Bastrop, P.O. Box 1010, Bastrop, TX 78602; Order Denying Export Privileges On May 11, 2022, in the U.S. District Court for the Southern District of Texas, Javier Alonso Galvan-Hernandez (‘‘Galvan-Hernandez’’) was convicted of violating 18 U.S.C. 554. Specifically, Galvan-Hernandez was convicted of smuggling various firearms from the United States to Mexico. As a result of his conviction, the Court sentenced him to 84 months in prison, three years of supervised release, and a $200 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. 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 GalvanHernandez’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 Javier Alonso GalvanHernandez to make a written submission to BIS. 15 CFR 766.25.2 BIS 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). E:\FR\FM\22DEN1.SGM 22DEN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices has not received a written submission from Galvan-Hernandez. 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 GalvanHernandez’s export privileges under the Regulations for a period of 10 years from the date of Galvan-Hernandez’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which GalvanHernandez 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, Javier Alonso GalvanHernandez, with a last known address of Inmate Number: 79786–509, FCI Bastrop, P.O. Box 1010, Bastrop, TX 78602, 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 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 18:10 Dec 21, 2023 Jkt 262001 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 Javier Alonso GalvanHernandez 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, Galvan-Hernandez 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 Galvan-Hernandez 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. 2023–28274 Filed 12–21–23; 8:45 am] BILLING CODE 3510–DT–P PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 88567 DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Stephanie Joahna Gloria Inmate Number: 74313–509, FCI Aliceville, Federal Correctional Institution, P.O. Box 4000, Aliceville, AL 35442; Order Denying Export Privileges On May 23, 2022, in the U.S. District Court for the Southern District of Texas, Stephanie Joahna Gloria (‘‘Gloria’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Gloria was convicted of smuggling from the United States to Mexico 3,200 rounds of Winchester 5.56-millimeter ammunition. As a result of her conviction, the Court sentenced Gloria to 70 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 Gloria’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 Gloria to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Gloria. 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 Gloria’s export privileges under the Regulations for a period of seven years from the date of Gloria’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Gloria had an interest at the time of her conviction.3 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\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88566-88567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28274]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Javier Alonso Galvan-Hernandez Inmate Number: 
79786-509, FCI Bastrop, P.O. Box 1010, Bastrop, TX 78602; Order Denying 
Export Privileges

    On May 11, 2022, in the U.S. District Court for the Southern 
District of Texas, Javier Alonso Galvan-Hernandez (``Galvan-
Hernandez'') was convicted of violating 18 U.S.C. 554. Specifically, 
Galvan-Hernandez was convicted of smuggling various firearms from the 
United States to Mexico. As a result of his conviction, the Court 
sentenced him to 84 months in prison, three years of supervised 
release, and a $200 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. 
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 Galvan-Hernandez'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 Javier Alonso Galvan-Hernandez to 
make a written submission to BIS. 15 CFR 766.25.\2\ BIS

[[Page 88567]]

has not received a written submission from Galvan-Hernandez.
---------------------------------------------------------------------------

    \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 Galvan-Hernandez's export 
privileges under the Regulations for a period of 10 years from the date 
of Galvan-Hernandez's conviction. The Office of Exporter Services has 
also decided to revoke any BIS-issued licenses in which Galvan-
Hernandez 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, Javier 
Alonso Galvan-Hernandez, with a last known address of Inmate Number: 
79786-509, FCI Bastrop, P.O. Box 1010, Bastrop, TX 78602, 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 Javier Alonso Galvan-Hernandez 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, Galvan-
Hernandez 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 Galvan-Hernandez 
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. 2023-28274 Filed 12-21-23; 8:45 am]
BILLING CODE 3510-DT-P
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