81 FR 81732 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

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

Page Range		81732-81733
FR Document		2016-27784
Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016)
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81732-81733]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27784]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 Order Denying Export Privileges

    In the Matter of: Jorge Santana, Jr., Inmate Number: 00927-180, 
FCI Beaumont Low, Federal Correctional Institution, P.O. Box 26020, 
Beaumont, TX 77720.

    On May 5, 2014, in the U.S. District Court for the Southern 
District of Texas, Jorge Santana, Jr. (``Santana''), was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Specifically, Santana knowingly and willfully 
attempted to export and caused to be exported from the United States to 
Mexico a defense article, that is, a .357 caliber magazine, two (2) 9mm 
magazines, a Smith & Wesson .40 caliber magazine, approximately 5,440 
rounds of 7.62 caliber ammunition, 200 rounds of .40 caliber 
ammunition, and 400 rounds of .38 super caliber ammunition, which were 
designed as a defense article 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. Santana was 
sentenced to 66 months in prison, three years of supervised release, 
100 hours of community service, 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.
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    \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)).
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    BIS has received notice of Santana's conviction for violating the 
AECA, and has provided notice and an opportunity for Santana to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Santana.
    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 Santana's export privileges under the Regulations 
for a period of 10 years from the date of Santana's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Santana had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until May 5, 2024, Jorge 
Santana, Jr., with a last known address of Inmate Number: 00927-180, 
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

[[Page 81733]]

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 Santana 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, Santana 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 Santana. This 
Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until May 5, 2024.

    Issued this 9th day of November, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-27784 Filed 11-17-16; 8:45 am]
BILLING CODE P
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
Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices 81733

or will be exported from the United DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE
States, including financing or other
support activities related to a Submission for OMB Review; Bureau of Industry and Security
transaction whereby the Denied Person Comment Request
acquires or attempts to acquire such Order Denying Export Privileges
ownership, possession or control; The Department of Commerce will In the Matter of: Hassan Jamil Salame, Inmate
submit to the Office of Management and Number: 40903–039, FCI Elkton, Federal
C. Take any action to acquire from or
Budget (OMB) for clearance the Correctional Institution, P.O. Box 10,
to facilitate the acquisition or attempted
following proposal for collection of Lisbon, OH 44432
acquisition from the Denied Person of
information under the provisions of the On November 3, 2015, in the U.S.
any item subject to the Regulations that
Paperwork Reduction Act (44 U.S.C. District Court for the District of South
has been exported from the United
Chapter 35). Carolina, Hassan Jamil Salame
States;
Agency: Bureau of Industry and (‘‘Salame’’), was convicted of violating
D. Obtain from the Denied Person in
Security. Section 38 of the Arms Export Control
the United States any item subject to the
Title: Foreign Availability Procedures. Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Regulations with knowledge or reason
Specifically, Salame knowingly and
to know that the item will be, or is Form Number(s): N/A. willfully attempted to export and
intended to be, exported from the
OMB Control Number: 0694–0004. caused to be exported, defense articles,
United States; or
Type of Request: Regular. that is, firearms and ammunition,
E. Engage in any transaction to service including a Ruger .44 Magnum revolver,
any item subject to the Regulations that Burden Hours: 510. two Bushmaster .223 caliber rifles, a
has been or will be exported from the Number of Respondents: 2. Ruger .45 caliber pistol, a Glock .45
United States and which is owned, Average Hours Per Response: 255. caliber pistol, and a Beretta 9mm pistol
possessed or controlled by the Denied from the United States to Lebanon,
Person, or service any item, of whatever Needs and Uses: This information is
without first having obtained a license
origin, that is owned, possessed or collected in order to respond to requests
or written approval from the United
controlled by the Denied Person if such by Congress and industry to make
States Department of State. Salame was
service involves the use of any item foreign availability determinations in
sentenced to 45 months in prison, three
subject to the Regulations that has been accordance with Section 768 of the
years of supervised release, and a $300
or will be exported from the United Export Administration Regulations.
assessment.
States. For purposes of this paragraph, Exporters are urged to voluntarily Section 766.25 of the Export
servicing means installation, submit data to support the contention Administration Regulations (‘‘EAR’’ or
maintenance, repair, modification or that items controlled for export for ‘‘Regulations’’) 1 provides, in pertinent
testing. national security reasons are available- part, that ‘‘[t]he Director of the Office of
in-fact, from a non-U.S. source, in Exporter Services, in consultation with
Third, after notice and opportunity for sufficient quantity and of comparable
comment as provided in Section 766.23 the Director of the Office of Export
quality so as to render the control Enforcement, may deny the export
of the Regulations, any other person, ineffective.
firm, corporation, or business privileges of any person who has been
organization related to Santana by Affected Public: Businesses and other convicted of a violation of the Export
ownership, control, position of for-profit institutions. Administration Act (‘‘EAA’’), the EAR,
responsibility, affiliation, or other Frequency: On occasion. or any order, license or authorization
connection in the conduct of trade or issued thereunder; any regulation,
Respondent’s Obligation: Voluntary.
business may also be made subject to license, or order issued under the
the provisions of this Order in order to OMB Desk Officer: Jasmeet Seehra, International Emergency Economic
prevent evasion of this Order. FAX number (202) 395–7285. Powers Act (50 U.S.C. 1701–1706); 18
Copies of the above information U.S.C. 793, 794 or 798; section 4(b) of
Fourth, in accordance with Part 756 of
collection proposal can be obtained by the Internal Security Act of 1950 (50
the Regulations, Santana may file an
calling or writing Jennifer Jessup, U.S.C. 783(b)), or section 38 of the Arms
appeal of this Order with the Under
Departmental Paperwork Clearance Export Control Act (22 U.S.C. 2778).’’ 15
Secretary of Commerce for Industry and
Officer, (202) 482–0266, Department of CFR 766.25(a); see also Section 11(h) of
Security. The appeal must be filed
Commerce, Room 7845, 14th and the EAA, 50 U.S.C. 4610(h). The denial
within 45 days from the date of this
Constitution Avenue NW., Washington, of export privileges under this provision
Order and must comply with the
DC 20230 (or via the Internet at may be for a period of up to 10 years
provisions of Part 756 of the
dHynek@doc.gov). from the date of the conviction. 15 CFR
Regulations.
766.25(d); see also 50 U.S.C. 4610(h). In
Fifth, a copy of this Order shall be Written comments and
delivered to the Santana. This Order recommendations for the proposed 1 The Regulations are currently codified in the

shall be published in the Federal information collection should be sent Code of Federal Regulations at 15 CFR parts 730–
Register. within 30 days of publication of this 774 (2016). The Regulations issued pursuant to the
notice to Jasmeet Seehra, Office of Export Administration Act (50 U.S.C. 4601–4623
Sixth, this Order is effective Management and Budget (OMB), by (Supp. III 2015) (available at http://
immediately and shall remain in effect uscode.house.gov)). Since August 21, 2001, the Act
mstockstill on DSK3G9T082PROD with NOTICES

email to jseehra@omb.eop.gov, or by fax has been in lapse and the President, through
until May 5, 2024. to (202) 395–7285. Executive Order 13222 of August 17, 2001 (3 CFR,
Issued this 9th day of November, 2016. 2001 Comp. 783 (2002)), which has been extended
Sheleen Dumas, by successive Presidential Notices, the most recent
Karen H. Nies-Vogel, PRA Departmental Lead, Office of the Chief being that of August 4, 2016 (81 FR 52587 (Aug. 8,
Director, Office of Exporter Services. Information Officer. 2016)), has continued the Regulations in effect
under the International Emergency Economic
[FR Doc. 2016–27784 Filed 11–17–16; 8:45 am] [FR Doc. 2016–27823 Filed 11–17–16; 8:45 am] Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
BILLING CODE P BILLING CODE 3510–33–P IV 2010)).

VerDate Sep<11>2014 20:21 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\18NON1.SGM 18NON1
Document Created: 2018-02-14 08:32:01
Document Modified: 2018-02-14 08:32:01
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 81732
81 FR 81732 - 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
