In the Matter of: Donald Robert Witherow, 6651 Buffalo Road, Cresson, PA 16421; Order Denying Export Privileges, 88569-88570 [2023-28275]
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices
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 Huerta-Garay 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
VerDate Sep<11>2014
18:10 Dec 21, 2023
Jkt 262001
Order in order to prevent evasion of this
Order.
Fourth, in accordance with part 756 of
the Regulations, Huerta-Garay 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 Huerta-Garay and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until April 26, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–28276 Filed 12–21–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Donald Robert
Witherow, 6651 Buffalo Road, Cresson,
PA 16421; Order Denying Export
Privileges
On October 13, 2022, in the U.S.
District Court for the Western District of
Pennsylvania, Donald Robert Witherow
(‘‘Witherow’’) was convicted of violating
18 U.S.C. 554(a). Specifically, Witherow
was convicted of smuggling firearms
ammunition and firearms magazines
from the United States to the
Netherlands.
As a result of his conviction, the
Court sentenced Witherow to 12 months
and one day of imprisonment, one year
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.
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 Witherow’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
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 00011
Fmt 4703
Sfmt 4703
88569
provided notice and opportunity for
Witherow to make a written submission
to BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Witherow.
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 Witherow’s
export privileges under the Regulations
for a period of three years from the date
of Witherow’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Witherow had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
October 13, 2025, Donald Robert
Witherow, with a last known address of
6651 Buffalo Road, Cresson, PA 16421,
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
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
ddrumheller on DSK120RN23PROD with NOTICES1
88570
Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices
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 Witherow 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, Witherow 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 Witherow and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until October 13, 2025.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–28275 Filed 12–21–23; 8:45 am]
BILLING CODE 3510–DT–P
VerDate Sep<11>2014
18:10 Dec 21, 2023
Jkt 262001
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Jose Luis Garcia,
Inmate Number: 21856–509, FCI
Bastrop, Federal Correctional
Institution, P.O. Box 1010, Bastrop, TX
78602; Order Denying Export
Privileges
On December 14, 2021, in the U.S.
District Court for the Eastern District of
Texas, Jose Luis Garcia (‘‘Garcia’’) was
convicted of violating 18 U.S.C. 371 and
18 U.S.C. 554(a). Specifically, Garcia
was convicted of conspiring to smuggle
firearms from the United States to
Mexico without first having obtained
the required export license and
authorization from the U.S. Department
of State or U.S. Department of
Commerce. As a result of his conviction,
the Court sentenced Garcia to 57 months
of imprisonment, three years of
supervised release, $20,000 criminal
fine 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.
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 Garcia’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 Garcia to make a
written submission to BIS. 15 CFR
766.25.2 BIS has not received a written
submission from Garcia.
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 Garcia’s export
privileges under the Regulations for a
period of 10 years from the date of
Garcia’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
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 00012
Fmt 4703
Sfmt 4703
Garcia had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
December 14, 2031, Jose Luis Garcia,
with a last known address of Inmate
Number: 21856–509, FCI Bastrop,
Federal Correctional Institution, 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
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;
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 88569-88570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28275]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Donald Robert Witherow, 6651 Buffalo Road,
Cresson, PA 16421; Order Denying Export Privileges
On October 13, 2022, in the U.S. District Court for the Western
District of Pennsylvania, Donald Robert Witherow (``Witherow'') was
convicted of violating 18 U.S.C. 554(a). Specifically, Witherow was
convicted of smuggling firearms ammunition and firearms magazines from
the United States to the Netherlands.
As a result of his conviction, the Court sentenced Witherow to 12
months and one day of imprisonment, one year 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.
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 Witherow'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 Witherow to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a written submission from Witherow.
---------------------------------------------------------------------------
\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 Witherow's export privileges
under the Regulations for a period of three years from the date of
Witherow's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Witherow 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 October 13, 2025, Donald
Robert Witherow, with a last known address of 6651 Buffalo Road,
Cresson, PA 16421, 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
[[Page 88570]]
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 Witherow 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, Witherow
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 Witherow and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until October 13, 2025.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-28275 Filed 12-21-23; 8:45 am]
BILLING CODE 3510-DT-P
