81_FR_81957 81 FR 81734 - Order Denying Export Privileges

81 FR 81734 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

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

Page Range81734-81735
FR Document2016-27787

Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016) 
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81734-81735]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27787]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

In the Matter of: Daniel Miranda-Mendoza, Inmate Number: 73420-379, 
Great Plains, Correctional Institution, P.O. Box 400, Hinton, OK 
73047

    On August 25, 2015, in the U.S. District Court for the Southern 
District of Texas, Daniel Miranda-Mendoza (``Miranda-Mendoza''), was 
convicted of violating Section 38 of the Arms Export Control Act (22 
U.S.C. 2778 (2012)) (``AECA''). Specifically, Miranda-Mendoza 
intentionally and knowingly conspired to knowingly and willfully 
export, attempt to export, and caused to be exported from the United 
States to Mexico, a defense article, that is, to wit: Approximately one 
Kel-Tec pistol, Model PMR-30, .22 caliber, one Remington rifle, Model 
7400, .30-06 caliber, and one Browning rifle, Model X-bolt, .270 
caliber, 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. Miranda-Mendoza was sentenced to 37 months in prison 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

[[Page 81735]]

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 Miranda-Mendoza's conviction for 
violating the AECA, and has provided notice and an opportunity for 
Miranda-Mendoza to make a written submission to BIS, as provided in 
Section 766.25 of the Regulations. BIS has not received a submission 
from Miranda-Mendoza.
    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 Miranda-Mendoza's export privileges under the 
Regulations for a period of 10 years from the date of Miranda-Mendoza's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Miranda-Mendoza had an interest at 
the time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until August 25, 2025, Daniel 
Miranda-Mendoza, with a last known address of Inmate Number: 73420-379, 
Great Plains, Correctional Institution, P.O. Box 400, Hinton, OK 73047, 
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 Miranda-Mendoza 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, Miranda-
Mendoza 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 Miranda-
Mendoza. This Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until August 25, 2025.

    Issued this _9__ day of __ November____, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-27787 Filed 11-17-16; 8:45 am]
BILLING CODE P

81734 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices addition, Section 750.8 of the A. Export or reexport to or on behalf Dated: November 9, 2016. Regulations states that the Bureau of of the Denied Person any item subject to Karen H. Nies-Vogel, Industry and Security’s Office of the Regulations; Director, Office of Exporter Services. Exporter Services may revoke any B. Take any action that facilitates the [FR Doc. 2016–27776 Filed 11–17–16; 8:45 am] Bureau of Industry and Security (‘‘BIS’’) acquisition or attempted acquisition by BILLING CODE P licenses previously issued in which the the Denied Person of the ownership, person had an interest in at the time of possession, or control of any item his conviction. subject to the Regulations that has been DEPARTMENT OF COMMERCE BIS has received notice of Salame’s or will be exported from the United conviction for violating the AECA, and States, including financing or other Bureau of Industry and Security has provided notice and an opportunity support activities related to a for Salame to make a written submission transaction whereby the Denied Person Order Denying Export Privileges to BIS, as provided in Section 766.25 of acquires or attempts to acquire such In the Matter of: Daniel Miranda-Mendoza, the Regulations. BIS has not received a ownership, possession or control; Inmate Number: 73420–379, Great Plains, submission from Salame. C. Take any action to acquire from or Correctional Institution, P.O. Box 400, Based upon my review and to facilitate the acquisition or attempted Hinton, OK 73047 consultations with BIS’s Office of acquisition from the Denied Person of On August 25, 2015, in the U.S. Export Enforcement, including its any item subject to the Regulations that District Court for the Southern District Director, and the facts available to BIS, has been exported from the United of Texas, Daniel Miranda-Mendoza I have decided to deny Salame’s export States; (‘‘Miranda-Mendoza’’), was convicted of privileges under the Regulations for a D. Obtain from the Denied Person in violating Section 38 of the Arms Export period of 10 years from the date of the United States any item subject to the Control Act (22 U.S.C. 2778 (2012)) Salame’s conviction. I have also decided Regulations with knowledge or reason (‘‘AECA’’). Specifically, Miranda- to revoke all licenses issued pursuant to to know that the item will be, or is Mendoza intentionally and knowingly the Act or Regulations in which Salame intended to be, exported from the conspired to knowingly and willfully had an interest at the time of his United States; or export, attempt to export, and caused to conviction. E. Engage in any transaction to service be exported from the United States to Accordingly, it is hereby ordered: any item subject to the Regulations that Mexico, a defense article, that is, to wit: First, from the date of this Order until has been or will be exported from the Approximately one Kel-Tec pistol, November 3, 2025, Hassan Jamil United States and which is owned, Model PMR–30, .22 caliber, one Salame, with a last known address of possessed or controlled by the Denied Remington rifle, Model 7400, .30–06 Inmate Number: 40903–039, FCI Elkton, Person, or service any item, of whatever caliber, and one Browning rifle, Model Federal Correctional Institution, P.O. origin, that is owned, possessed or X-bolt, .270 caliber, which were Box 10, Lisbon, OH 44432, and when controlled by the Denied Person if such designated as defense articles on the acting for or on his behalf, his service involves the use of any item United States Munitions List, without successors, assigns, employees, agents subject to the Regulations that has been having first obtained from the or representatives (the ‘‘Denied or will be exported from the United Department of State a license for such Person’’), may not, directly or indirectly, States. For purposes of this paragraph, export or written authorization for such participate in any way in any servicing means installation, export. Miranda-Mendoza was transaction involving any commodity, maintenance, repair, modification or sentenced to 37 months in prison and a software or technology (hereinafter testing. $100 assessment. collectively referred to as ‘‘item’’) Third, after notice and opportunity for Section 766.25 of the Export exported or to be exported from the comment as provided in Section 766.23 Administration Regulations (‘‘EAR’’ or United States that is subject to the of the Regulations, any other person, ‘‘Regulations’’) 1 provides, in pertinent Regulations, including, but not limited firm, corporation, or business part, that ‘‘[t]he Director of the Office of to: organization related to Salame by Exporter Services, in consultation with A. Applying for, obtaining, or using ownership, control, position of the Director of the Office of Export any license, License Exception, or responsibility, affiliation, or other Enforcement, may deny the export export control document; connection in the conduct of trade or privileges of any person who has been B. Carrying on negotiations business may also be made subject to convicted of a violation of the Export concerning, or ordering, buying, the provisions of this Order in order to Administration Act (‘‘EAA’’), the EAR, receiving, using, selling, delivering, prevent evasion of this Order. or any order, license or authorization storing, disposing of, forwarding, Fourth, in accordance with Part 756 of issued thereunder; any regulation, transporting, financing, or otherwise the Regulations, Salame may file an license, or order issued under the servicing in any way, any transaction appeal of this Order with the Under International Emergency Economic involving any item exported or to be Secretary of Commerce for Industry and 1 The Regulations are currently codified in the exported from the United States that is Security. The appeal must be filed Code of Federal Regulations at 15 CFR parts 730– subject to the Regulations, or in any within 45 days from the date of this 774 (2016). The Regulations issued pursuant to the other activity subject to the Regulations; Order and must comply with the Export Administration Act (50 U.S.C. 4601–4623 or provisions of Part 756 of the (Supp. III 2015) (available at http:// C. Benefitting in any way from any Regulations. uscode.house.gov)). Since August 21, 2001, the Act mstockstill on DSK3G9T082PROD with NOTICES has been in lapse and the President, through transaction involving any item exported Fifth, a copy of this Order shall be Executive Order 13222 of August 17, 2001 (3 CFR, or to be exported from the United States delivered to the Salame. This Order 2001 Comp. 783 (2002)), which has been extended that is subject to the Regulations, or in shall be published in the Federal by successive Presidential Notices, the most recent any other activity subject to the Register. being that of August 4, 2016 (81 FR 52,587 (Aug. 8, 2016)), has continued the Regulations in effect Regulations. Sixth, this Order is effective under the International Emergency Economic Second, no person may, directly or immediately and shall remain in effect Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. indirectly, do any of the following: until November 3, 2025. IV 2010)). VerDate Sep<11>2014 20:21 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\18NON1.SGM 18NON1

Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices 81735 Powers Act (50 U.S.C. 1701–1706); 18 exported from the United States that is be filed within 45 days from the date of U.S.C. 793, 794 or 798; section 4(b) of subject to the Regulations, or in any this Order and must comply with the the Internal Security Act of 1950 (50 other activity subject to the Regulations; provisions of Part 756 of the U.S.C. 783(b)), or section 38 of the Arms or Regulations. Export Control Act (22 U.S.C. 2778).’’ 15 C. Benefitting in any way from any Fifth, a copy of this Order shall be CFR 766.25(a); see also Section 11(h) of transaction involving any item exported delivered to the Miranda-Mendoza. This the EAA, 50 U.S.C. 4610(h). The denial or to be exported from the United States Order shall be published in the Federal of export privileges under this provision that is subject to the Regulations, or in Register. may be for a period of up to 10 years any other activity subject to the Sixth, this Order is effective from the date of the conviction. 15 CFR Regulations. immediately and shall remain in effect 766.25(d); see also 50 U.S.C. 4610(h). In Second, no person may, directly or until August 25, 2025. addition, Section 750.8 of the indirectly, do any of the following: Issued this l9lld day of ll Regulations states that the Bureau of A. Export or reexport to or on behalf Novemberllll, 2016. Industry and Security’s Office of of the Denied Person any item subject to Karen H. Nies-Vogel, Exporter Services may revoke any the Regulations; Director, Office of Exporter Services. Bureau of Industry and Security (‘‘BIS’’) B. Take any action that facilitates the [FR Doc. 2016–27787 Filed 11–17–16; 8:45 am] licenses previously issued in which the acquisition or attempted acquisition by BILLING CODE P person had an interest in at the time of the Denied Person of the ownership, his conviction. possession, or control of any item BIS has received notice of Miranda- subject to the Regulations that has been DEPARTMENT OF COMMERCE Mendoza’s conviction for violating the or will be exported from the United AECA, and has provided notice and an States, including financing or other Bureau of Industry and Security opportunity for Miranda-Mendoza to support activities related to a make a written submission to BIS, as transaction whereby the Denied Person Order Denying Export Privileges provided in Section 766.25 of the acquires or attempts to acquire such ownership, possession or control; In the Matter of: Javier Nenos Rea, Inmate Regulations. BIS has not received a Number: 06713–104, D. Ray James, submission from Miranda-Mendoza. C. Take any action to acquire from or Correctional Institution, P.O. Box 2000, Based upon my review and to facilitate the acquisition or attempted Folkston, GA 31537 consultations with BIS’s Office of acquisition from the Denied Person of Export Enforcement, including its any item subject to the Regulations that On January 13, 2015, in the U.S. Director, and the facts available to BIS, has been exported from the United District Court for the Southern District I have decided to deny Miranda- States; of Florida, Javier Nenos Rea (‘‘Nenos Mendoza’s export privileges under the D. Obtain from the Denied Person in Rea’’), was convicted of violating Regulations for a period of 10 years from the United States any item subject to the Section 38 of the Arms Export Control the date of Miranda-Mendoza’s Regulations with knowledge or reason Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). conviction. I have also decided to to know that the item will be, or is Specifically, Nenos Rea knowingly and revoke all licenses issued pursuant to intended to be, exported from the willfully attempted to export defense the Act or Regulations in which United States; or articles, that is, AK–47 assault rifles and Miranda-Mendoza had an interest at the E. Engage in any transaction to service a .40 caliber semi-automatic pistol, from time of his conviction. any item subject to the Regulations that the United States to Bolivia without Accordingly, it is hereby ordered: has been or will be exported from the having first obtained a license or written First, from the date of this Order until United States and which is owned, approval from the United States August 25, 2025, Daniel Miranda- possessed or controlled by the Denied Department of State. Nenos Rea was Mendoza, with a last known address of Person, or service any item, of whatever sentenced to 46 months in prison, two Inmate Number: 73420–379, Great origin, that is owned, possessed or years of supervised release, and a $100 Plains, Correctional Institution, P.O. controlled by the Denied Person if such assessment. Box 400, Hinton, OK 73047, and when service involves the use of any item Section 766.25 of the Export acting for or on his behalf, his subject to the Regulations that has been Administration Regulations (‘‘EAR’’ or successors, assigns, employees, agents or will be exported from the United ‘‘Regulations’’) 1 provides, in pertinent or representatives (the ‘‘Denied States. For purposes of this paragraph, part, that ‘‘[t]he Director of the Office of Person’’), may not, directly or indirectly, servicing means installation, Exporter Services, in consultation with participate in any way in any maintenance, repair, modification or the Director of the Office of Export transaction involving any commodity, testing. Enforcement, may deny the export software or technology (hereinafter Third, after notice and opportunity for privileges of any person who has been collectively referred to as ‘‘item’’) comment as provided in Section 766.23 convicted of a violation of the Export exported or to be exported from the of the Regulations, any other person, Administration Act (‘‘EAA’’), the EAR, United States that is subject to the firm, corporation, or business 1 The Regulations are currently codified in the Regulations, including, but not limited organization related to Miranda- Code of Federal Regulations at 15 CFR parts 730– to: Mendoza by ownership, control, 774 (2016). The Regulations issued pursuant to the A. Applying for, obtaining, or using position of responsibility, affiliation, or Export Administration Act (50 U.S.C. 4601–4623 any license, License Exception, or other connection in the conduct of trade (Supp. III 2015) (available at http:// export control document; or business may also be made subject to uscode.house.gov)). Since August 21, 2001, the Act mstockstill on DSK3G9T082PROD with NOTICES has been in lapse and the President, through B. Carrying on negotiations the provisions of this Order in order to Executive Order 13222 of August 17, 2001 (3 CFR, concerning, or ordering, buying, prevent evasion of this Order. 2001 Comp. 783 (2002)), which has been extended receiving, using, selling, delivering, Fourth, in accordance with Part 756 of by successive Presidential Notices, the most recent storing, disposing of, forwarding, the Regulations, Miranda-Mendoza may being that of August 4, 2016 (81 FR 52587 (Aug. 8, 2016)), has continued the Regulations in effect transporting, financing, or otherwise file an appeal of this Order with the under the International Emergency Economic servicing in any way, any transaction Under Secretary of Commerce for Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. involving any item exported or to be Industry and Security. The appeal must IV 2010)). VerDate Sep<11>2014 20:21 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\18NON1.SGM 18NON1


Document Created: 2018-02-14 08:32:12
Document Modified: 2018-02-14 08:32:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 81734 
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