Order Denying Export Privileges; In the Matter of: Marco Antonio Peralta-Vega, 1537 E Bristol Dr, Nogales, AZ 85621, 66675-66676 [2024-18399]

Download as PDF Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices corporation, or business organization related to L’Homme 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, L’Homme 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 L’Homme and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until November 28, 2028. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2024–18401 Filed 8–15–24; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security lotter on DSK11XQN23PROD with NOTICES1 Order Denying Export Privileges; In the Matter of: Marco Antonio Peralta-Vega, 1537 E Bristol Dr, Nogales, AZ 85621 On August 18, 2021, in the U.S. District Court for the District of Arizona, Marco Antonio Peralta-Vega (‘‘PeraltaVega’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Peralta-Vega was convicted of smuggling various firearms and ammunition from the United States to Mexico. As a result of his conviction, the Court sentenced him to 36 months in prison with credit for time served, three years of supervised release, and a $100 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(a), 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 Peralta-Vega’s conviction for violating 18 U.S.C. 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. VerDate Sep<11>2014 17:33 Aug 15, 2024 Jkt 262001 554(a). As provided in Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’), BIS provided notice and opportunity for Peralta-Vega to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Peralta-Vega. 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 Peralta-Vega’s export privileges under the Regulations for a period of 10 years from the date of Peralta-Vega’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Peralta-Vega had an interest at the time of his conviction.3 Accordingly, it is hereby Ordered: First, from the date of this Order until August 18, 2031, Marco Antonio Peralta-Vega, with a last known address of: 1537 E Bristol Dr, Nogales, AZ 85621, 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 (2024). 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). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 66675 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 Peralta-Vega 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, Peralta-Vega 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 Peralta-Vega and shall be published in the Federal Register. E:\FR\FM\16AUN1.SGM 16AUN1 66676 Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices Sixth, this Order is effective immediately and shall remain in effect until August 18 2031. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2024–18399 Filed 8–15–24; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security lotter on DSK11XQN23PROD with NOTICES1 Order Denying Export Privileges; In the Matter of: Yi-Chi Shih, Currently Incarcerated at: Inmate Number: 75830–112, FCI Lompoc, 3600 Guard Road, Lompoc, CA 93436 and With an Address at: 3040 Beckman Road, Los Angeles, CA 90068 On November 17, 2023, the U.S. District Court for the Central District of California entered judgment against YiChi Shih (‘‘Shih’’) for violating (among other statutes) 50 U.S.C. 1705 (‘‘IEEPA’’) and 18 U.S.C. 1001. Specifically, Shih was convicted of knowingly and willfully exporting Monolithic Microwave Integrated Circuits (MMIC) from the United States to China without the required licenses. He was also found to have made false statements to federal agents. 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, 50 U.S.C. 1705 and 18 U.S.C. 1001, 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 Shih’s conviction for violating 50 U.S.C. 1705 and 18 U.S.C. 1001. As provided in section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’), BIS provided notice and opportunity for Shih to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Shih. 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, 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 (2024). VerDate Sep<11>2014 17:33 Aug 15, 2024 Jkt 262001 I have decided to deny Shih’s export privileges under the Regulations for a period of 10 years from the date of Shih’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Shih had an interest at the time of his conviction.3 Accordingly, it is hereby Ordered: First, from the date of this Order until November 17, 2033,Yi-Chi Shih, with last known addresses of: currently incarcerated at: Inmate Number: 75830– 112, FCI Lompoc, 3600 Guard Road, Lompoc, CA 93436, and with an address at: 3040 Beckman Road, Los Angeles, CA 90068, 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). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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 Shih 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, Shih 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 Shih and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until November 17, 2033. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2024–18400 Filed 8–15–24; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order; In the Matter of: Nicolas Ayala, 25 NE Fifth Street Apt 1720, Miami, FL 33132 On September 6, 2023, I issued an Order 1 denying Nicholas Ayala 1 88 E:\FR\FM\16AUN1.SGM FR 62536 (Sept. 12, 2023). 16AUN1

Agencies

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Notices]
[Pages 66675-66676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18399]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges; In the Matter of: Marco Antonio 
Peralta-Vega, 1537 E Bristol Dr, Nogales, AZ 85621

    On August 18, 2021, in the U.S. District Court for the District of 
Arizona, Marco Antonio Peralta-Vega (``Peralta-Vega'') was convicted of 
violating 18 U.S.C. 554(a). Specifically, Peralta-Vega was convicted of 
smuggling various firearms and ammunition from the United States to 
Mexico. As a result of his conviction, the Court sentenced him to 36 
months in prison with credit for time served, three years of supervised 
release, and a $100 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(a), 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 Peralta-Vega's conviction for violating 18 
U.S.C. 554(a). As provided in Section 766.25 of the Export 
Administration Regulations (``EAR'' or the ``Regulations''), BIS 
provided notice and opportunity for Peralta-Vega to make a written 
submission to BIS. 15 CFR 766.25.\2\ BIS has not received a written 
submission from Peralta-Vega.
---------------------------------------------------------------------------

    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2024).
---------------------------------------------------------------------------

    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 Peralta-Vega's export 
privileges under the Regulations for a period of 10 years from the date 
of Peralta-Vega's conviction. The Office of Exporter Services has also 
decided to revoke any BIS-issued licenses in which Peralta-Vega 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 August 18, 2031, Marco 
Antonio Peralta-Vega, with a last known address of: 1537 E Bristol Dr, 
Nogales, AZ 85621, 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 Peralta-Vega 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, Peralta-
Vega 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 Peralta-Vega and 
shall be published in the Federal Register.

[[Page 66676]]

    Sixth, this Order is effective immediately and shall remain in 
effect until August 18 2031.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024-18399 Filed 8-15-24; 8:45 am]
BILLING CODE 3510-DT-P
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