80 FR 17722 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 63 (April 2, 2015)

Page Range		17722-17723
FR Document		2015-07642
Federal Register, Volume 80 Issue 63 (Thursday, April 2, 2015)
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Pages 17722-17723]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07642]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Erik Antonio Perez-Bazan, Inmate Number--
45654-379, FCI Bastrop, Federal Correctional Institution, P.O. Box 
1010, Bastrop, Texas 78602, Washington, DC 20230


[[Page 17723]]


    On September 15, 2014, in the U.S. District Court, Southern 
District of Texas, Erik Antonio Perez-Bazan (``Perez-Bazan''), was 
convicted of violating Section 38 of the Arms Export Control Act (22 
U.S.C. 2778 (2012)) (``AECA''). Specifically, Perez-Bazan intentionally 
and knowingly conspired to knowingly and willfully export, attempt to 
export, and cause to be exported from the United States to Mexico eight 
(8) M203 grenade launcher barrels, which were designated as defense 
articles on the United States Munitions List, without first obtaining 
the required license or written authorization from the State 
Department. Perez-Bazan was sentenced to 75 months of imprisonment, 
three years of supervised released, and fined a $100 assessment.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director 
of the Office of Exporter Services, in consultation with the Director 
of the Office of Export Enforcement, may deny the export privileges of 
any person who has been convicted of a violation of the Export 
Administration Act (``EAA''), the EAR, or any order, license or 
authorization issued thereunder; any regulation, license, or order 
issued under the International Emergency Economic Powers Act (50 U.S.C. 
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal 
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms 
Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also 
Section 11(h) of the EAA, 50 U.S.C. app. Sec.  2410(h). The denial of 
export privileges under this provision may be for a period of up to 10 
years from the date of the conviction. 15 CFR 766.25(d); see also 50 
U.S.C. app. Sec.  2410(h). In addition, Section 750.8 of the 
Regulations states that the Bureau of Industry and Security's Office of 
Exporter Services may revoke any Bureau of Industry and Security 
(``BIS'') licenses previously issued in which the person had an 
interest in at the time of his conviction.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2014). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. app. 
Sec. Sec.  2401-2420 (2000)) (``EAA''). Since August 21, 2001, the 
EAA has been in lapse and the President, through Executive Order 
13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has 
been extended by successive Presidential Notices, the most recent 
being that of August 7, 2014 (79 FR 46959 (August 11, 2014)), has 
continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. 
IV 2010)).
---------------------------------------------------------------------------

    BIS has received notice of Perez-Bazan's conviction for violating 
the AECA, and has provided notice and an opportunity for Perez-Bazan to 
make a written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Perez-Bazan.
    Based upon my review and consultations with BIS's Office of Export 
Enforcement, including its Director, and the facts available to BIS, I 
have decided to deny Perez-Bazan's export privileges under the 
Regulations for a period of 10 years from the date of Perez-Bazan's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Perez-Bazan had an interest at the 
time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until September 15, 2024, Erik 
Antonio Perez-Bazan, with a last known address of Inmate Number--45654-
379, FCI Bastrop, Federal Correctional Institution, P.O. Box 1010, 
Bastrop, Texas 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 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 in any other activity subject to the Regulations.
    Second, no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport 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, after notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to Perez-Bazan 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, Perez-Bazan 
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 the Perez-Bazan. 
This Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until September 15, 2024.

    Issued this 26th day of March, 2015.
Thomas Andrukonis,
Acting Director, Office of Exporter Services.
[FR Doc. 2015-07642 Filed 4-1-15; 8:45 am]
BILLING CODE CODE P
17722 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices

sampling, implantable and suction-cup notice of opportunity to request an assess antidumping duties on all
tagging, photo-identification, behavioral administrative review of the appropriate entries. For the companies
observation, passive acoustic recording, antidumping duty order on seamless for which this review is rescinded,
post-tag monitoring, and/or import, refined copper pipe and tube from antidumping duties shall be assessed at
receive or export parts. The permit Mexico covering the period November rates equal to the cash deposit of
expires December 31, 2018. Dr. Mate is 1, 2013, through October 31, 2014.1 The estimated antidumping duties required
requesting the permit be amended to Department received a timely request at the time of entry, or withdrawal from
increase the number of humpback for an antidumping duty administrative warehouse, for consumption, in
whales (Megaptera novaeangliae) that review from the petitioners (i.e., Cerro accordance with 19 CFR
may be taken by Level B harassment Flow Products, LLC; Wieland Copper 351.212(c)(1)(i). The Department
during surveys from 1,000 to 2,000 Products, LLC; Mueller Copper Tube intends to issue appropriate assessment
animals annually to account for all Products, Inc.; and Mueller Copper instructions to CBP 15 days after
approaches within 100 yards. No other Tube Company, Inc.) for the following publication of this notice.
changes to the permit or manner of companies: (1) GD Affiliates S. de R.L.
research would occur. de C.V. (Golden Dragon); (2) IUSA, S.A. Notification to Importers
A draft supplemental environmental de C.V. (IUSA); and (3) Nacional de This notice serves as a reminder to
assessment (SEA) has been prepared in Cobre, S.A. de C.V. (Nacobre). The importers of their responsibility under
compliance with the National Department also received timely 19 CFR 351.402(f)(2) to file a certificate
Environmental Policy Act of 1969 (42 requests for an antidumping duty regarding the reimbursement of
U.S.C. 4321 et seq.), to examine whether administrative review from Golden antidumping duties prior to liquidation
significant environmental impacts could Dragon, IUSA, and Nacobre. On of the relevant entries during this
result from issuance of the proposed December 23, 2013, the Department review period. Failure to comply with
scientific research permit. The draft published a notice of initiation of this requirement could result in the
SEA is available for review and administrative review with respect to Secretary’s presumption that
comment simultaneous with the these companies.2 reimbursement of antidumping duties
scientific research permit application. On January 27, 2015, March 17, 2015, occurred and the subsequent assessment
Concurrent with the publication of and March 19, 2015, IUSA, Golden of doubled antidumping duties.
this notice in the Federal Register, Dragon, and Nacobre, respectively,
NMFS is forwarding copies of this withdrew their requests for an Notification Regarding Administrative
application to the Marine Mammal administrative review. On March 23, Protective Orders
Commission and its Committee of 2015, the petitioners withdrew their This notice also serves as a reminder
Scientific Advisors. request for an administrative review for to parties subject to administrative
Dated: March 27, 2015. IUSA and Nacobre. All of these protective order (APO) of their
Julia Harrison, submissions were timely, pursuant to 19 responsibility concerning the return or
Chief, Permits and Conservation Division, CFR 351.213(d)(1). destruction of proprietary information
Office of Protected Resources, National Rescission, In Part disclosed under APO in accordance
Marine Fisheries Service. with 19 CFR 351.305, which continues
[FR Doc. 2015–07493 Filed 4–1–15; 8:45 am] Pursuant to 19 CFR 351.213(d)(1), the to govern business proprietary
BILLING CODE 3510–22–P
Secretary will rescind an administrative information in this segment of the
review, in whole or in part, if a party proceeding. Timely written notification
that requested the review withdraws the of the return/destruction of APO
DEPARTMENT OF COMMERCE request within 90 days of the date of materials or conversion to judicial
publication of the notice of initiation of protective order is hereby requested.
International Trade Administration the requested review. In this case, all Failure to comply with the regulations
[A–201–838]
requests were submitted within the 90- and terms of an APO is a violation
day period and, thus, are timely. which is subject to sanction.
Seamless Refined Copper Pipe and Because these withdrawals of requests This notice is issued and published in
Tube From Mexico: Rescission, in Part, for an antidumping duty administrative accordance with section 777(i)(1) of the
of Antidumping Duty Administrative review are timely, in accordance with Tariff Act of 1930, as amended, and 19
Review; 2013–2014 19 CFR 351.213(d)(1), we are rescinding CFR 351.213(d)(4).
this administrative review with respect
AGENCY: Enforcement and Compliance, to IUSA and Nacobre. However, we are Dated: March 27, 2015.
International Trade Administration, continuing the administrative review Christian Marsh,
Department of Commerce. with respect to Golden Dragon because Deputy Assistant Secretary for Antidumping
DATES: Effective Date: April 2, 2015. the petitioners have requested a review and Countervailing Duty Operations.
FOR FURTHER INFORMATION CONTACT: of this company, and we did not receive [FR Doc. 2015–07598 Filed 4–1–15; 8:45 am]
Elizabeth Eastwood or Dennis McClure, a timely withdrawal of review request BILLING CODE CODE 3510–DS–P
AD/CVD Operations, Office II, from the petitioners with respect to it.
Enforcement and Compliance,
International Trade Administration, Assessment DEPARTMENT OF COMMERCE
U.S. Department of Commerce, 14th The Department will instruct U.S.
Street and Constitution Avenue NW., Customs and Border Protection (CBP) to Bureau of Industry and Security
tkelley on DSK3SPTVN1PROD with NOTICES

Washington, DC 20230; telephone: (202)
482–3874 or (202) 482–5973, 1 See Antidumping or Countervailing Duty Order, Order Denying Export Privileges
respectively. Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 79 FR 65176 In the Matter of: Erik Antonio Perez-Bazan,
Background (November 3, 2014). Inmate Number—45654–379, FCI Bastrop,
2 See Initiation of Antidumping and Federal Correctional Institution, P.O. Box
On November 3, 2014, the Department Countervailing Duty Administrative Reviews, 79 FR 1010, Bastrop, Texas 78602, Washington, DC
of Commerce (Department) published a 76956 (December 23, 2014). 20230

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Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices 17723

On September 15, 2014, in the U.S. AECA, and has provided notice and an support activities related to a
District Court, Southern District of opportunity for Perez-Bazan to make a transaction whereby the Denied Person
Texas, Erik Antonio Perez-Bazan written submission to BIS, as provided acquires or attempts to acquire such
(‘‘Perez-Bazan’’), was convicted of in Section 766.25 of the Regulations. ownership, possession or control;
violating Section 38 of the Arms Export BIS has not received a submission from
C. Take any action to acquire from or
Control Act (22 U.S.C. 2778 (2012)) Perez-Bazan.
Based upon my review and to facilitate the acquisition or attempted
(‘‘AECA’’). Specifically, Perez-Bazan
consultations with BIS’s Office of acquisition from the Denied Person of
intentionally and knowingly conspired
to knowingly and willfully export, Export Enforcement, including its any item subject to the Regulations that
attempt to export, and cause to be Director, and the facts available to BIS, has been exported from the United
exported from the United States to I have decided to deny Perez-Bazan’s States;
Mexico eight (8) M203 grenade launcher export privileges under the Regulations D. Obtain from the Denied Person in
barrels, which were designated as for a period of 10 years from the date of the United States any item subject to the
defense articles on the United States Perez-Bazan’s conviction. I have also Regulations with knowledge or reason
Munitions List, without first obtaining decided to revoke all licenses issued to know that the item will be, or is
the required license or written pursuant to the Act or Regulations in intended to be, exported from the
authorization from the State which Perez-Bazan had an interest at United States; or
Department. Perez-Bazan was sentenced the time of his conviction.
Accordingly, it is hereby ordered: E. Engage in any transaction to service
to 75 months of imprisonment, three
First, from the date of this Order until any item subject to the Regulations that
years of supervised released, and fined
September 15, 2024, Erik Antonio Perez- has been or will be exported from the
a $100 assessment.
Section 766.25 of the Export Bazan, with a last known address of United States and which is owned,
Administration Regulations (‘‘EAR’’ or Inmate Number—45654–379, FCI possessed or controlled by the Denied
‘‘Regulations’’) 1 provides, in pertinent Bastrop, Federal Correctional Person, or service any item, of whatever
part, that ‘‘[t]he Director of the Office of Institution, P.O. Box 1010, Bastrop, origin, that is owned, possessed or
Exporter Services, in consultation with Texas 78602, and when acting for or on controlled by the Denied Person if such
the Director of the Office of Export his behalf, his successors, assigns, service involves the use of any item
Enforcement, may deny the export employees, agents or representatives subject to the Regulations that has been
privileges of any person who has been (the ‘‘Denied Person’’), may not, directly or will be exported from the United
convicted of a violation of the Export or indirectly, participate in any way in States. For purposes of this paragraph,
Administration Act (‘‘EAA’’), the EAR, any transaction involving any servicing means installation,
or any order, license or authorization commodity, software or technology maintenance, repair, modification or
issued thereunder; any regulation, (hereinafter collectively referred to as testing.
license, or order issued under the ‘‘item’’) exported or to be exported from
the United States that is subject to the Third, after notice and opportunity for
International Emergency Economic
Regulations, including, but not limited comment as provided in Section 766.23
Powers Act (50 U.S.C. 1701–1706); 18
to: of the Regulations, any other person,
U.S.C. 793, 794 or 798; section 4(b) of
the Internal Security Act of 1950 (50 A. Applying for, obtaining, or using firm, corporation, or business
U.S.C. 783(b)), or section 38 of the Arms any license, License Exception, or organization related to Perez-Bazan by
Export Control Act (22 U.S.C. 2778).’’ 15 export control document; ownership, control, position of
CFR 766.25(a); see also Section 11(h) of B. Carrying on negotiations responsibility, affiliation, or other
the EAA, 50 U.S.C. app. § 2410(h). The concerning, or ordering, buying, connection in the conduct of trade or
denial of export privileges under this receiving, using, selling, delivering, business may also be made subject to
provision may be for a period of up to storing, disposing of, forwarding, the provisions of this Order in order to
10 years from the date of the conviction. transporting, financing, or otherwise prevent evasion of this Order.
15 CFR 766.25(d); see also 50 U.S.C. servicing in any way, any transaction
involving any item exported or to be Fourth, in accordance with Part 756 of
app. § 2410(h). In addition, Section the Regulations, Perez-Bazan may file an
750.8 of the Regulations states that the exported from the United States that is
subject to the Regulations, or in any appeal of this Order with the Under
Bureau of Industry and Security’s Office Secretary of Commerce for Industry and
of Exporter Services may revoke any other activity subject to the Regulations;
or Security. The appeal must be filed
Bureau of Industry and Security (‘‘BIS’’) within 45 days from the date of this
C. Benefitting in any way from any
licenses previously issued in which the Order and must comply with the
transaction involving any item exported
person had an interest in at the time of provisions of Part 756 of the
or to be exported from the United States
his conviction.
that is subject to the Regulations, or in Regulations.
BIS has received notice of Perez-
Bazan’s conviction for violating the any other activity subject to the Fifth, a copy of this Order shall be
Regulations. delivered to the Perez-Bazan. This Order
1 The Regulations are currently codified in the
Second, no person may, directly or shall be published in the Federal
Code of Federal Regulations at 15 CFR parts 730– indirectly, do any of the following: Register.
774 (2014). The Regulations issued pursuant to the A. Export or reexport to or on behalf
Export Administration Act (50 U.S.C. app. §§ 2401– of the Denied Person any item subject to Sixth, this Order is effective
2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the the Regulations; immediately and shall remain in effect
EAA has been in lapse and the President, through
tkelley on DSK3SPTVN1PROD with NOTICES

Executive Order 13222 of August 17, 2001 (3 CFR,
B. Take any action that facilitates the until September 15, 2024.
2001 Comp. 783 (2002)), which has been extended acquisition or attempted acquisition by Issued this 26th day of March, 2015.
by successive Presidential Notices, the most recent the Denied Person of the ownership,
being that of August 7, 2014 (79 FR 46959 (August Thomas Andrukonis,
possession, or control of any item
11, 2014)), has continued the Regulations in effect Acting Director, Office of Exporter Services.
under the International Emergency Economic
subject to the Regulations that has been
or will be exported from the United [FR Doc. 2015–07642 Filed 4–1–15; 8:45 am]
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
IV 2010)). States, including financing or other BILLING CODE CODE P

VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4703 Sfmt 9990 E:\FR\FM\02APN1.SGM 02APN1
Document Created: 2018-02-21 10:03:23
Document Modified: 2018-02-21 10:03:23
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 17722
80 FR 17722 - Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 80, Issue 63 (April 2, 2015)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
