81 FR 40658 - In the Matter of: Ismael Reta, Register Number: 78795-379, Federal Correctional Institution, P.O. Box 4200, Three Rivers, TX 78071; Order Denying Export Privileges
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 81, Issue 120 (June 22, 2016)
Bureau of Industry and Security
Federal Register Volume 81, Issue 120 (June 22, 2016)
| Page Range | 40658-40659 | |
| FR Document | 2016-14745 |
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)] [Notices] [Pages 40658-40659] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14745] [[Page 40658]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Ismael Reta, Register Number: 78795-379, Federal Correctional Institution, P.O. Box 4200, Three Rivers, TX 78071; Order Denying Export Privileges On June 15, 2015, in the U.S. District Court for the Southern District of Texas, Ismael Reta (``Reta''), was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Reta intentionally and knowingly conspired and agreed together with other person or persons known and unknown to the Grand Jurors, to knowingly and willfully export, attempt to export, and cause to be exported into Mexico from the United States defense article, that is, to-wit: a Colt, Model M4, 5.56mm rifle; a Romarm, Model WASR-10, 7.62x39mm rifle; a Berretta, Model 92FS, 9mm pistol, two hundred sixty-two (262) rounds of 5.56mm ammunition; and fifty (50) rounds of 7.62x39mm ammunition, which were designated as defense articles on the United States Munitions List, without having first obtained from the Department of State a license for such export or written authorization for such export. Reta was sentenced 37 months of imprisonment, three years of supervised release, and 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. 4610(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. 4610(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. --------------------------------------------------------------------------- \1\ The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730-774 (2015). The Regulations issued pursuant to the Export Administration Act (50 U.S.C. 4601- 4623 (Supp. III 2015) (available at http://uscode.house.gov)). Since August 21, 2001, the Act 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, 2015 (80 FR 48,233 (Aug. 11, 2015)), 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 Reta's conviction for violating the AECA, and has provided notice and an opportunity for Reta to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Reta. 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 Reta's export privileges under the Regulations for a period of 10 years from the date of Reta's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Reta had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until June 15, 2025, Ismael Reta, with a last known address of Register Number: 78795-379, Federal Correctional Institution, P.O. Box 4200, Three Rivers, TX 78071, 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 Reta 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, Reta 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 Reta. This Order shall be published in the Federal Register. [[Page 40659]] Sixth, this Order is effective immediately and shall remain in effect until June 15, 2025. Issued this 15 day of June 2016. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2016-14745 Filed 6-21-16; 8:45 am] BILLING CODE P
![40658 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices
DEPARTMENT OF COMMERCE U.S.C. 783(b)), or section 38 of the Arms or to be exported from the United States
Export Control Act (22 U.S.C. 2778).’’ 15 that is subject to the Regulations, or in
Bureau of Industry and Security CFR 766.25(a); see also Section 11(h) of any other activity subject to the
the EAA, 50 U.S.C. 4610(h). The denial Regulations.
In the Matter of: Ismael Reta, Register of export privileges under this provision Second, no person may, directly or
Number: 78795–379, Federal may be for a period of up to 10 years indirectly, do any of the following:
Correctional Institution, P.O. Box 4200, from the date of the conviction. 15 CFR A. Export or reexport to or on behalf
Three Rivers, TX 78071; Order Denying 766.25(d); see also 50 U.S.C. 4610(h). In of the Denied Person any item subject to
Export Privileges addition, Section 750.8 of the the Regulations;
On June 15, 2015, in the U.S. District Regulations states that the Bureau of B. Take any action that facilitates the
Court for the Southern District of Texas, Industry and Security’s Office of acquisition or attempted acquisition by
Exporter Services may revoke any the Denied Person of the ownership,
Ismael Reta (‘‘Reta’’), was convicted of
Bureau of Industry and Security (‘‘BIS’’) possession, or control of any item
violating Section 38 of the Arms Export
licenses previously issued in which the subject to the Regulations that has been
Control Act (22 U.S.C. 2778 (2012))
person had an interest in at the time of or will be exported from the United
(‘‘AECA’’). Specifically, Reta
his conviction. States, including financing or other
intentionally and knowingly conspired
BIS has received notice of Reta’s support activities related to a
and agreed together with other person or
conviction for violating the AECA, and transaction whereby the Denied Person
persons known and unknown to the
has provided notice and an opportunity acquires or attempts to acquire such
Grand Jurors, to knowingly and
for Reta to make a written submission to ownership, possession or control;
willfully export, attempt to export, and
BIS, as provided in Section 766.25 of C. Take any action to acquire from or
cause to be exported into Mexico from
the Regulations. BIS has not received a to facilitate the acquisition or attempted
the United States defense article, that is,
submission from Reta. acquisition from the Denied Person of
to-wit: a Colt, Model M4, 5.56mm rifle;
Based upon my review and any item subject to the Regulations that
a Romarm, Model WASR–10,
consultations with BIS’s Office of has been exported from the United
7.62x39mm rifle; a Berretta, Model
Export Enforcement, including its States;
92FS, 9mm pistol, two hundred sixty- D. Obtain from the Denied Person in
Director, and the facts available to BIS,
two (262) rounds of 5.56mm the United States any item subject to the
I have decided to deny Reta’s export
ammunition; and fifty (50) rounds of Regulations with knowledge or reason
privileges under the Regulations for a
7.62x39mm ammunition, which were to know that the item will be, or is
period of 10 years from the date of
designated as defense articles on the intended to be, exported from the
Reta’s conviction. I have also decided to
United States Munitions List, without United States; or
revoke all licenses issued pursuant to
having first obtained from the E. Engage in any transaction to service
the Act or Regulations in which Reta
Department of State a license for such any item subject to the Regulations that
had an interest at the time of his
export or written authorization for such has been or will be exported from the
conviction.
export. Reta was sentenced 37 months Accordingly, it is hereby ordered: United States and which is owned,
of imprisonment, three years of First, from the date of this Order until possessed or controlled by the Denied
supervised release, and a $100 June 15, 2025, Ismael Reta, with a last Person, or service any item, of whatever
assessment. known address of Register Number: origin, that is owned, possessed or
Section 766.25 of the Export 78795–379, Federal Correctional controlled by the Denied Person if such
Administration Regulations (‘‘EAR’’ or Institution, P.O. Box 4200, Three Rivers, service involves the use of any item
‘‘Regulations’’) 1 provides, in pertinent TX 78071, and when acting for or on his subject to the Regulations that has been
part, that ‘‘[t]he Director of the Office of behalf, his successors, assigns, or will be exported from the United
Exporter Services, in consultation with employees, agents or representatives States. For purposes of this paragraph,
the Director of the Office of Export (the ‘‘Denied Person’’), may not, directly servicing means installation,
Enforcement, may deny the export or indirectly, participate in any way in maintenance, repair, modification or
privileges of any person who has been any transaction involving any testing.
convicted of a violation of the Export commodity, software or technology Third, after notice and opportunity for
Administration Act (‘‘EAA’’), the EAR, (hereinafter collectively referred to as comment as provided in Section 766.23
or any order, license or authorization ‘‘item’’) exported or to be exported from of the Regulations, any other person,
issued thereunder; any regulation, the United States that is subject to the firm, corporation, or business
license, or order issued under the Regulations, including, but not limited organization related to Reta by
International Emergency Economic to: ownership, control, position of
Powers Act (50 U.S.C. 1701–1706); 18 A. Applying for, obtaining, or using responsibility, affiliation, or other
U.S.C. 793, 794 or 798; section 4(b) of any license, License Exception, or connection in the conduct of trade or
the Internal Security Act of 1950 (50 export control document; business may also be made subject to
B. Carrying on negotiations the provisions of this Order in order to
1 The Regulations are currently codified in the
concerning, or ordering, buying, prevent evasion of this Order.
Code of Federal Regulations at 15 CFR parts 730–
774 (2015). The Regulations issued pursuant to the receiving, using, selling, delivering, Fourth, in accordance with Part 756 of
Export Administration Act (50 U.S.C. 4601–4623 storing, disposing of, forwarding, the Regulations, Reta may file an appeal
(Supp. III 2015) (available at http:// transporting, financing, or otherwise of this Order with the Under Secretary
uscode.house.gov)). Since August 21, 2001, the Act servicing in any way, any transaction of Commerce for Industry and Security.
mstockstill on DSK3G9T082PROD with NOTICES
has been in lapse and the President, through
Executive Order 13222 of August 17, 2001 (3 CFR, involving any item exported or to be The appeal must be filed within 45 days
2001 Comp. 783 (2002)), which has been extended exported from the United States that is from the date of this Order and must
by successive Presidential Notices, the most recent subject to the Regulations, or in any comply with the provisions of Part 756
being that of August 7, 2015 (80 FR 48,233 (Aug. other activity subject to the Regulations; of the Regulations.
11, 2015)), has continued the Regulations in effect
under the International Emergency Economic or Fifth, a copy of this Order shall be
Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. C. Benefitting in any way from any delivered to the Reta. This Order shall
IV 2010)). transaction involving any item exported be published in the Federal Register.
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![Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices 40659
Sixth, this Order is effective & Compliance, International Trade Agricultura Biologica (AMAB) or by
immediately and shall remain in effect Administration, U.S. Department of Bioagricoop scrl.
until June 15, 2025. Commerce, 14th Street and Constitution On July 9, 1996, after the date of our final
Avenue NW., Washington, DC 20230. antidumping duty determination, Euro-USA
Issued this 15 day of June 2016. Trading Co., Inc., of Pawcatuck, CT,
Karen H. Nies-Vogel, SUPPLEMENTARY INFORMATION: submitted materials to the Department
Director, Office of Exporter Services. Background supporting its request for an exclusion for
[FR Doc. 2016–14745 Filed 6–21–16; 8:45 am] pasta certified to be ‘‘organic pasta.’’ Among
The ITDS is an electronic trade data the documents submitted are a decree from
BILLING CODE P interchange system authorized pursuant the Italian Ministry of Agriculture and
to section 405 of the Security and Forestry authorizing Bioagricoop scrl to
Accountability for Every (SAFE) Port certify foodstuffs as organic for the
DEPARTMENT OF COMMERCE Act of 2006, Public Law 109–347. The implementation of EEC Regulation 2029/91.
purpose of ITDS, as defined by Section Also submitted is a letter (with an
International Trade Administration accompanying translation into English) from
405 of the SAFE Port Act of 2006, ‘‘is
[A–475–818; C–475–819] the Director of Controls of Processing and
to eliminate redundant information Marketing Firms at Bioagricoop stating that
requirements, to efficiently regulate the the organization will take responsibility for
Certain Pasta From Italy: Initiation and flow of commerce, and to effectively
Preliminary Results of Antidumping its organic pasta certificates and will supply
enforce laws and regulations relating to the necessary documentation to U.S.
and Countervailing Duty Changed international trade, by establishing a authorities. On this basis, imports of organic
Circumstances Reviews single portal system, operated by the pasta from Italy that are accompanied by the
AGENCY: Enforcement and Compliance, United States Customs and Border appropriate certificate issued by Bioagricoop
Protection, for the collection and scrl are excluded from the scope of this
International Trade Administration, order.4
Department of Commerce. distribution of standard electronic
The merchandise under order is currently
SUMMARY: The Department of Commerce
import and export data required by all
classifiable under items 1902.19.20 of the
(the Department) is self-initiating a participating Federal agencies.’’ On Harmonized Tariff Schedule of the United
changed circumstances review of the October 13, 2015, CBP issued an interim States (HTSUS). Although the HTSUS
antidumping (AD) and countervailing final rule to amend its regulations to subheadings are provided for convenience
(CVD) orders on certain pasta from provide that, as of November 1, 2015, and customs purposes, our written
Italy 1 (1) in furtherance of the purpose ACE is a CBP-authorized Electronic Data description of the scope of this investigation
Interchange System which may be used is dispositive.
of the International Trade Data System
(ITDS) initiative and U.S. Customs and for the filing of entries and entry
summaries.2 As noted in the language comprising
Border Protection’s (CBP) efforts to the scope of the orders, our written
modernize the electronic submission of Scope of the AD/CVD Italy Pasta Orders description of the scope of the orders is
import documents using the Automated On July 24, 1996, the Department dispositive. However, the notices
Commercial Environment (ACE), and (2) published the notice of the AD/CVD published in connection with
to align across the AD/CVD Italy Pasta Italy Pasta Orders in the Federal subsequent administrative reviews of
Orders the scope language regarding Register with nearly identical language the orders have contained minor
certifications accompanying imports of regarding the scope of the orders.3 In differences in language regarding the
organic pasta. Specifically, in particular, the scope language covered: identification of the authority that
conjunction with this initiation, the issues the organic certifications.
Department preliminarily determines to Certain non-egg dry pasta in packages of
Specifically, the most recent published
convert the certification submission five pounds (or 2.27 kilograms) or less,
whether or not enriched or fortified or final results in the CVD proceeding 5
requirement to a record-keeping containing milk or other optional ingredients states, with regard to this exclusion and
requirement, to authorize electronic such as chopped vegetables, vegetable certification for organic pasta, ‘‘{a}lso
submission of the certification, to purees, milk, gluten, diastases, vitamins, excluded are imports of organic pasta
update the scope language relating to coloring and flavorings, and up to two from Italy that are accompanied by the
the organic pasta exclusion, and to align percent egg white. The pasta covered by this appropriate certificate issued by the
the certification language across the AD/ scope is typically sold in the retail market, Instituto Mediterraneo Di Certificzione,
CVD Italy Pasta Orders. Interested in fiberboard or cardboard cartons or by QC&I International Services, by
parties are invited to comment on these polyethylene or polypropylene bags, of
Ecocert Italia, by Consorzio per il
preliminary results. varying dimensions.
Excluded from the scope of this order are Controllo dei Prodotti Biologici, by
DATES: Effective Date: June 22, 2016. refrigerated, frozen, or canned pastas, as well Associazion Italiana per l’Agricoltra
FOR FURTHER INFORMATION CONTACT: as all forms of egg pasta, with the exception Biologica, or by Ambientale.’’ By
Jennifer Meek, Office I for AD/CVD of non-egg dry pasta containing up to two comparison, the most recent published
Operations, at (202) 482–2778; George percent egg white. Also excluded are imports final results in the AD proceeding 6
McMahon, Office III for AD/CVD of organic pasta from Italy that are
Operations, at (202) 482–1167; or Sam accompanied by the appropriate certificate 4 Note that a modified version of this paragraph
issued by the Associazione Marchigiana has appeared in the scope description in all
Zengotitabengoa, Customs Liaison Unit
subsequent administrative reviews, which has no
for AD/CVD Operations, at (202) 482– 2 See Automated Commercial Environment (ACE) material impact on the scope’s coverage.
4195, AD/CVD Operations, Enforcement Filings for Electronic Entry/Entry Summary (Cargo 5 See Certain Pasta From Italy: Final Results of
mstockstill on DSK3G9T082PROD with NOTICES
Release and Related Entry), 80 FR 61278 (October Countervailing Duty Administrative Review; 2012,
1 See Notice of Antidumping Duty Order and 13, 2015) (Interim Final Rule); and Notice 80 FR 11172 (March 2, 2015), and accompanying
Amended Final Determination of Sales at Less Announcing the Automated Commercial Issues and Decision Memorandum at ‘‘Scope of the
Than Fair Value: Certain Pasta From Italy, 61 FR Environment (ACE) as the Sole CBP-Authorized Order.’’
38547 (July 24, 1996); and Notice of Countervailing Electronic Data Interchange (EDI) System for 6 Certain Pasta From Italy: Final Results of
Duty Order and Amended Final Affirmative Processing Certain Electronic Entry and Entry Antidumping Duty Administrative Review; 2012–
Countervailing Duty Determination: Certain Pasta Summary Filings, 81 FR 10264 (February 29, 2016) 2013, 80 FR 8604 (February 18, 2015), and
(‘‘Pasta’’) From Italy, 61 FR 38544 (July 24, 1996) (General Notice). accompanying Issues and Decision Memorandum at
(collectively, AD/CVD Italy Pasta Orders). 3 See AD/CVD Italy Pasta Orders. ‘‘Scope of the Order.’’
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Document Created: 2016-06-22 01:05:26
Document Modified: 2016-06-22 01:05:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 81 FR 40658 |
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