81 FR 81731 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 81, Issue 223 (November 18, 2016)

Page Range		81731-81732
FR Document		2016-27780
Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016)
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81731-81732]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27780]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 Order Denying Export Privileges

    In the Matter of: Luis Alberto Najera-Citalan, Inmate Number: 
10656-279, FCI Beaumont Low, Federal Correctional Institution, P.O. 
Box 26020, Beaumont, TX 77720.

    On June 9, 2015, in the U.S. District Court for the Southern 
District of Texas, Luis Alberto Najera-Citalan (``Najera-Citalan''), 
was convicted of violating Section 38 of the Arms Export Control Act 
(22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Najera-Citalan 
intentionally and knowingly conspired to knowingly and willfully 
export, attempt to export, and cause to be exported to Mexico from the 
United States a defense article, that is, to wit: approximately five 
(5) AR-15 style rifles 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. Najera-Citalan was sentenced to 60 months in prison, 
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 (2016). 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 4, 2016 (81 FR 52,587 
(Aug. 8, 2016)), 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 Najera-Citalan's conviction for 
violating the AECA, and has provided notice and an opportunity for 
Najera-Citalan to make a written submission to BIS, as provided in 
Section 766.25 of the Regulations. BIS has not received a submission 
from Najera-Citalan.
    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 Najera-Citalan's export privileges under the 
Regulations for a period of 10 years from the date of Najera-Citalan's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Najera-Citalan had an interest at 
the time of his conviction.
    Accordingly, it is hereby Ordered:
    First, from the date of this Order until June 9, 2025, Luis Alberto 
Najera-Citalan, with a last known address of Inmate Number: 10656-279, 
FCI Beaumont Low, Federal Correctional Institution, P.O. Box 26020, 
Beaumont, TX 77720, 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;

[[Page 81732]]

    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 Najera-Citalan 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, Najera-
Citalan 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 Najera-
Citalan. This Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until June 9, 2025.

    Dated: November 9, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-27780 Filed 11-17-16; 8:45 am]
 BILLING CODE P
Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices 81731

civil rights activity, in any program or States a defense article, that is, to wit: I have decided to deny Najera-Citalan’s
activity conducted or funded by USDA approximately five (5) AR–15 style rifles export privileges under the Regulations
(not all bases apply to all programs). which were designated as defense for a period of 10 years from the date of
Remedies and complaint filing articles on the United States Munitions Najera-Citalan’s conviction. I have also
deadlines vary by program or incident. List, without having first obtained from decided to revoke all licenses issued
Persons with disabilities who require the Department of State a license for pursuant to the Act or Regulations in
alternative means of communication for such export or written authorization for which Najera-Citalan had an interest at
program information (e.g., Braille, large such export. Najera-Citalan was the time of his conviction.
print, audiotape, American Sign sentenced to 60 months in prison, three Accordingly, it is hereby Ordered:
Language, etc.) should contact the years of supervised release, and a $100 First, from the date of this Order until
responsible Agency or USDA’s TARGET assessment. June 9, 2025, Luis Alberto Najera-
Center at (202) 720–2600 (voice and Section 766.25 of the Export Citalan, with a last known address of
TTY) or contact USDA through the Administration Regulations (‘‘EAR’’ or Inmate Number: 10656–279, FCI
Federal Relay Service at (800) 877–8339. ‘‘Regulations’’) 1 provides, in pertinent Beaumont Low, Federal Correctional
Additionally, program information may part, that ‘‘[t]he Director of the Office of Institution, P.O. Box 26020, Beaumont,
be made available in languages other Exporter Services, in consultation with TX 77720, and when acting for or on his
than English. the Director of the Office of Export behalf, his successors, assigns,
To file a program discrimination Enforcement, may deny the export employees, agents or representatives
complaint, complete the USDA Program privileges of any person who has been (the ‘‘Denied Person’’), may not, directly
Discrimination Complaint Form, AD convicted of a violation of the Export or indirectly, participate in any way in
3027, found online at http:// Administration Act (‘‘EAA’’), the EAR, any transaction involving any
www.ascr.usda.gov/complaint_filing_ or any order, license or authorization commodity, software or technology
cust.html and at any USDA office or issued thereunder; any regulation, (hereinafter collectively referred to as
write a letter addressed to USDA and license, or order issued under the ‘‘item’’) exported or to be exported from
provide in the letter all of the International Emergency Economic the United States that is subject to the
information requested in the form. To Powers Act (50 U.S.C. 1701–1706); 18 Regulations, including, but not limited
request a copy of the complaint form, U.S.C. 793, 794 or 798; section 4(b) of to:
call (866) 632–9992. Submit your the Internal Security Act of 1950 (50 A. Applying for, obtaining, or using
completed form or letter to USDA by: U.S.C. 783(b)), or section 38 of the Arms any license, License Exception, or
Export Control Act (22 U.S.C. 2778).’’ 15 export control document;
(1) Mail: U.S. Department of B. Carrying on negotiations
CFR 766.25(a); see also Section 11(h) of
Agriculture, Office of the Assistant concerning, or ordering, buying,
the EAA, 50 U.S.C. 4610(h). The denial
Secretary for Civil Rights, 1400 receiving, using, selling, delivering,
of export privileges under this provision
Independence Avenue SW., storing, disposing of, forwarding,
may be for a period of up to 10 years
Washington, DC 20250–9410; from the date of the conviction. 15 CFR transporting, financing, or otherwise
(2) Fax: (202) 690–7442; or 766.25(d); see also 50 U.S.C. 4610(h). In servicing in any way, any transaction
(3) Email: program.intake@usda.gov. addition, Section 750.8 of the involving any item exported or to be
USDA is an equal opportunity Regulations states that the Bureau of exported from the United States that is
provider, employer, and lender. Industry and Security’s Office of subject to the Regulations, or in any
Dated: November 9, 2016. Exporter Services may revoke any other activity subject to the Regulations;
Samuel H. Rikkers, Bureau of Industry and Security (‘‘BIS’’) or
Administrator, Rural Business-Cooperative licenses previously issued in which the C. Benefitting in any way from any
Service. person had an interest in at the time of transaction involving any item exported
[FR Doc. 2016–27734 Filed 11–17–16; 8:45 am] his conviction. or to be exported from the United States
BIS has received notice of Najera- that is subject to the Regulations, or in
BILLING CODE 3410–XY–P
Citalan’s conviction for violating the any other activity subject to the
AECA, and has provided notice and an Regulations.
opportunity for Najera-Citalan to make a Second, no person may, directly or
DEPARTMENT OF COMMERCE written submission to BIS, as provided indirectly, do any of the following:
in Section 766.25 of the Regulations. A. Export or reexport to or on behalf
Bureau of Industry and Security
BIS has not received a submission from of the Denied Person any item subject to
Order Denying Export Privileges Najera-Citalan. the Regulations;
Based upon my review and B. Take any action that facilitates the
In the Matter of: Luis Alberto Najera- consultations with BIS’s Office of acquisition or attempted acquisition by
Citalan, Inmate Number: 10656–279, FCI Export Enforcement, including its the Denied Person of the ownership,
Beaumont Low, Federal Correctional Director, and the facts available to BIS, possession, or control of any item
Institution, P.O. Box 26020, Beaumont, TX subject to the Regulations that has been
77720. 1 The Regulations are currently codified in the
or will be exported from the United
On June 9, 2015, in the U.S. District Code of Federal Regulations at 15 CFR parts 730– States, including financing or other
774 (2016). The Regulations issued pursuant to the
Court for the Southern District of Texas, Export Administration Act (50 U.S.C. 4601–4623 support activities related to a
Luis Alberto Najera-Citalan (‘‘Najera- (Supp. III 2015) (available at http:// transaction whereby the Denied Person
Citalan’’), was convicted of violating uscode.house.gov)). Since August 21, 2001, the Act acquires or attempts to acquire such
mstockstill on DSK3G9T082PROD with NOTICES

Section 38 of the Arms Export Control has been in lapse and the President, through
Executive Order 13222 of August 17, 2001 (3 CFR,
ownership, possession or control;
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). 2001 Comp. 783 (2002)), which has been extended C. Take any action to acquire from or
Specifically, Najera-Citalan by successive Presidential Notices, the most recent to facilitate the acquisition or attempted
intentionally and knowingly conspired being that of August 4, 2016 (81 FR 52,587 (Aug. acquisition from the Denied Person of
8, 2016)), has continued the Regulations in effect
to knowingly and willfully export, under the International Emergency Economic
any item subject to the Regulations that
attempt to export, and cause to be Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. has been exported from the United
exported to Mexico from the United IV 2010)). States;

VerDate Sep<11>2014 20:21 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\18NON1.SGM 18NON1
81732 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices

D. Obtain from the Denied Person in Arms Export Control Act (22 U.S.C. BIS has received notice of Santana’s
the United States any item subject to the 2778 (2012)) (‘‘AECA’’). Specifically, conviction for violating the AECA, and
Regulations with knowledge or reason Santana knowingly and willfully has provided notice and an opportunity
to know that the item will be, or is attempted to export and caused to be for Santana to make a written
intended to be, exported from the exported from the United States to submission to BIS, as provided in
United States; or Mexico a defense article, that is, a .357 Section 766.25 of the Regulations. BIS
E. Engage in any transaction to service caliber magazine, two (2) 9mm has not received a submission from
any item subject to the Regulations that magazines, a Smith & Wesson .40 Santana.
has been or will be exported from the caliber magazine, approximately 5,440 Based upon my review and
United States and which is owned, rounds of 7.62 caliber ammunition, 200 consultations with BIS’s Office of
possessed or controlled by the Denied rounds of .40 caliber ammunition, and Export Enforcement, including its
Person, or service any item, of whatever 400 rounds of .38 super caliber Director, and the facts available to BIS,
origin, that is owned, possessed or ammunition, which were designed as a I have decided to deny Santana’s export
controlled by the Denied Person if such defense article on the United States privileges under the Regulations for a
service involves the use of any item Munitions List, without having first period of 10 years from the date of
subject to the Regulations that has been obtained from the Department of State a Santana’s conviction. I have also
or will be exported from the United license for such export or written decided to revoke all licenses issued
States. For purposes of this paragraph, authorization for such export. Santana pursuant to the Act or Regulations in
servicing means installation, was sentenced to 66 months in prison, which Santana had an interest at the
maintenance, repair, modification or three years of supervised release, 100 time of his conviction.
testing. hours of community service, and a $100 Accordingly, it is hereby ordered:
Third, after notice and opportunity for assessment. First, from the date of this Order until
comment as provided in Section 766.23 Section 766.25 of the Export May 5, 2024, Jorge Santana, Jr., with a
of the Regulations, any other person, Administration Regulations (‘‘EAR’’ or last known address of Inmate Number:
firm, corporation, or business ‘‘Regulations’’) 1 provides, in pertinent 00927–180, FCI Beaumont Low, Federal
organization related to Najera-Citalan by part, that ‘‘[t]he Director of the Office of Correctional Institution, P.O. Box 26020,
ownership, control, position of Exporter Services, in consultation with Beaumont, TX 77720, and when acting
responsibility, affiliation, or other the Director of the Office of Export for or on his behalf, his successors,
connection in the conduct of trade or Enforcement, may deny the export assigns, employees, agents or
business may also be made subject to privileges of any person who has been representatives (the ‘‘Denied Person’’),
the provisions of this Order in order to convicted of a violation of the Export may not, directly or indirectly,
prevent evasion of this Order. Administration Act (‘‘EAA’’), the EAR, participate in any way in any
Fourth, in accordance with Part 756 of or any order, license or authorization transaction involving any commodity,
the Regulations, Najera-Citalan may file issued thereunder; any regulation, software or technology (hereinafter
an appeal of this Order with the Under license, or order issued under the collectively referred to as ‘‘item’’)
Secretary of Commerce for Industry and International Emergency Economic exported or to be exported from the
Security. The appeal must be filed Powers Act (50 U.S.C. 1701–1706); 18 United States that is subject to the
within 45 days from the date of this U.S.C. 793, 794 or 798; section 4(b) of Regulations, including, but not limited
Order and must comply with the the Internal Security Act of 1950 (50 to:
provisions of Part 756 of the U.S.C. 783(b)), or section 38 of the Arms A. Applying for, obtaining, or using
Regulations. Export Control Act (22 U.S.C. 2778).’’ 15 any license, License Exception, or
Fifth, a copy of this Order shall be CFR 766.25(a); see also Section 11(h) of export control document;
delivered to the Najera-Citalan. This B. Carrying on negotiations
the EAA, 50 U.S.C. 4610(h). The denial
Order shall be published in the Federal concerning, or ordering, buying,
of export privileges under this provision
Register. receiving, using, selling, delivering,
may be for a period of up to 10 years
Sixth, this Order is effective storing, disposing of, forwarding,
from the date of the conviction. 15 CFR
immediately and shall remain in effect transporting, financing, or otherwise
766.25(d); see also 50 U.S.C. 4610(h). In
until June 9, 2025. servicing in any way, any transaction
addition, Section 750.8 of the
Dated: November 9, 2016. involving any item exported or to be
Regulations states that the Bureau of
exported from the United States that is
Karen H. Nies-Vogel, Industry and Security’s Office of
subject to the Regulations, or in any
Director, Office of Exporter Services. Exporter Services may revoke any
other activity subject to the Regulations;
[FR Doc. 2016–27780 Filed 11–17–16; 8:45 am] Bureau of Industry and Security (‘‘BIS’’)
or
BILLING CODE P licenses previously issued in which the C. Benefitting in any way from any
person had an interest in at the time of transaction involving any item exported
his conviction. or to be exported from the United States
DEPARTMENT OF COMMERCE that is subject to the Regulations, or in
1 The Regulations are currently codified in the

Bureau of Industry and Security Code of Federal Regulations at 15 CFR parts 730–
any other activity subject to the
774 (2016). The Regulations issued pursuant to the Regulations.
Order Denying Export Privileges Export Administration Act (50 U.S.C. 4601–4623 Second, no person may, directly or
(Supp. III 2015) (available at http:// indirectly, do any of the following:
uscode.house.gov)). Since August 21, 2001, the Act A. Export or reexport to or on behalf
mstockstill on DSK3G9T082PROD with NOTICES

In the Matter of: Jorge Santana, Jr., Inmate
Number: 00927–180, FCI Beaumont Low, has been in lapse and the President, through
Executive Order 13222 of August 17, 2001 (3 CFR, of the Denied Person any item subject to
Federal Correctional Institution, P.O. Box the Regulations;
2001 Comp. 783 (2002)), which has been extended
26020, Beaumont, TX 77720. by successive Presidential Notices, the most recent B. Take any action that facilitates the
On May 5, 2014, in the U.S. District being that of August 4, 2016 (81 FR 52,587 (Aug. acquisition or attempted acquisition by
8, 2016)), has continued the Regulations in effect
Court for the Southern District of Texas, under the International Emergency Economic
the Denied Person of the ownership,
Jorge Santana, Jr. (‘‘Santana’’), was Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. possession, or control of any item
convicted of violating Section 38 of the IV 2010)). subject to the Regulations that has been

VerDate Sep<11>2014 20:21 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\18NON1.SGM 18NON1
Document Created: 2018-02-14 08:31:27
Document Modified: 2018-02-14 08:31:27
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		81 FR 81731
81 FR 81731 - Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 81, Issue 223 (November 18, 2016)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
