81 FR 81735 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

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

Page Range		81735-81736
FR Document		2016-27786
Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016)
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81735-81736]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27786]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

In the Matter of: Javier Nenos Rea, Inmate Number: 06713-104, D. Ray 
James, Correctional Institution, P.O. Box 2000, Folkston, GA 31537

    On January 13, 2015, in the U.S. District Court for the Southern 
District of Florida, Javier Nenos Rea (``Nenos Rea''), was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Specifically, Nenos Rea knowingly and willfully 
attempted to export defense articles, that is, AK-47 assault rifles and 
a .40 caliber semi-automatic pistol, from the United States to Bolivia 
without having first obtained a license or written approval from the 
United States Department of State. Nenos Rea was sentenced to 46 months 
in prison, two 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,

[[Page 81736]]

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 52587 
(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 Nenos Rea's conviction for violating the 
AECA, and has provided notice and an opportunity for Nenos Rea to make 
a written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Nenos Rea.
    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 Nenos Rea's export privileges under the 
Regulations for a period of 10 years from the date of Nenos Rea's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Nenos Rea had an interest at the 
time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until January 13, 2025, Javier 
Nenos Rea, with a last known address of Inmate Number: 06713-104, D. 
Ray James, Correctional Institution, P.O. Box 2000, Folkston, GA 31537, 
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 Nenos Rea 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, Nenos Rea 
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 Nenos Rea. 
This Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until January 13, 2025.

    Issued this __9__ day of __ November __, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-27786 Filed 11-17-16; 8:45 am]
BILLING CODE P
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)).

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81736 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices

or any order, license or authorization servicing in any way, any transaction Secretary of Commerce for Industry and
issued thereunder; any regulation, involving any item exported or to be Security. The appeal must be filed
license, or order issued under the exported from the United States that is within 45 days from the date of this
International Emergency Economic subject to the Regulations, or in any Order and must comply with the
Powers Act (50 U.S.C. 1701–1706); 18 other activity subject to the Regulations; provisions of Part 756 of the
U.S.C. 793, 794 or 798; section 4(b) of or Regulations.
the Internal Security Act of 1950 (50 C. Benefitting in any way from any Fifth, a copy of this Order shall be
U.S.C. 783(b)), or section 38 of the Arms transaction involving any item exported delivered to the Nenos Rea. This Order
Export Control Act (22 U.S.C. 2778).’’ 15 or to be exported from the United States shall be published in the Federal
CFR 766.25(a); see also Section 11(h) of that is subject to the Regulations, or in Register.
the EAA, 50 U.S.C. 4610(h). The denial any other activity subject to the Sixth, this Order is effective
of export privileges under this provision Regulations. immediately and shall remain in effect
may be for a period of up to 10 years Second, no person may, directly or until January 13, 2025.
from the date of the conviction. 15 CFR indirectly, do any of the following:
Issued this ll9ll day of ll
766.25(d); see also 50 U.S.C. 4610(h). In A. Export or reexport to or on behalf
November ll, 2016.
addition, Section 750.8 of the of the Denied Person any item subject to
Karen H. Nies-Vogel,
Regulations states that the Bureau of the Regulations;
B. Take any action that facilitates the Director, Office of Exporter Services.
Industry and Security’s Office of
acquisition or attempted acquisition by [FR Doc. 2016–27786 Filed 11–17–16; 8:45 am]
Exporter Services may revoke any
Bureau of Industry and Security (‘‘BIS’’) the Denied Person of the ownership, BILLING CODE P

licenses previously issued in which the possession, or control of any item
person had an interest in at the time of subject to the Regulations that has been
his conviction. or will be exported from the United DEPARTMENT OF COMMERCE
BIS has received notice of Nenos States, including financing or other
support activities related to a Bureau of Industry and Security
Rea’s conviction for violating the AECA,
and has provided notice and an transaction whereby the Denied Person Proposed Information Collection;
opportunity for Nenos Rea to make a acquires or attempts to acquire such Comment Request; Voluntary Self-
written submission to BIS, as provided ownership, possession or control; Disclosure of Violations of the Export
in Section 766.25 of the Regulations. C. Take any action to acquire from or
Administration Regulations
BIS has not received a submission from to facilitate the acquisition or attempted
Nenos Rea. acquisition from the Denied Person of AGENCY: Bureau of Industry and
Based upon my review and any item subject to the Regulations that Security.
consultations with BIS’s Office of has been exported from the United ACTION: Notice.
Export Enforcement, including its States;
Director, and the facts available to BIS, D. Obtain from the Denied Person in SUMMARY: The Department of
I have decided to deny Nenos Rea’s the United States any item subject to the Commerce, as part of its continuing
export privileges under the Regulations Regulations with knowledge or reason effort to reduce paperwork and
for a period of 10 years from the date of to know that the item will be, or is respondent burden, invites the general
Nenos Rea’s conviction. I have also intended to be, exported from the public and other Federal agencies to
decided to revoke all licenses issued United States; or take this opportunity to comment on
pursuant to the Act or Regulations in E. Engage in any transaction to service proposed and/or continuing information
which Nenos Rea had an interest at the any item subject to the Regulations that collections, as required by the
time of his conviction. has been or will be exported from the Paperwork Reduction Act of 1995.
Accordingly, it is hereby ordered: United States and which is owned, DATES: Written comments must be
First, from the date of this Order until possessed or controlled by the Denied submitted on or before January 17, 2017.
January 13, 2025, Javier Nenos Rea, with Person, or service any item, of whatever ADDRESSES: Direct all written comments
a last known address of Inmate Number: origin, that is owned, possessed or to Jennifer Jessup, Departmental
06713–104, D. Ray James, Correctional controlled by the Denied Person if such Paperwork Clearance Officer,
Institution, P.O. Box 2000, Folkston, GA service involves the use of any item Department of Commerce, Room 6616,
31537, and when acting for or on his subject to the Regulations that has been 14th and Constitution Avenue NW.,
behalf, his successors, assigns, or will be exported from the United Washington, DC 20230 (or via the
employees, agents or representatives States. For purposes of this paragraph, Internet at JJessup@doc.gov).
(the ‘‘Denied Person’’), may not, directly servicing means installation,
FOR FURTHER INFORMATION CONTACT:
or indirectly, participate in any way in maintenance, repair, modification or
any transaction involving any testing. Requests for additional information or
commodity, software or technology Third, after notice and opportunity for copies of the information collection
(hereinafter collectively referred to as comment as provided in Section 766.23 instrument and instructions should be
‘‘item’’) exported or to be exported from of the Regulations, any other person, directed to Mark Crace, BIS ICB Liaison,
the United States that is subject to the firm, corporation, or business (202) 482–4895, Mark.Crace@
Regulations, including, but not limited organization related to Nenos Rea by bis.doc.gov.
to: ownership, control, position of SUPPLEMENTARY INFORMATION:
A. Applying for, obtaining, or using responsibility, affiliation, or other
mstockstill on DSK3G9T082PROD with NOTICES

connection in the conduct of trade or I. Abstract
any license, License Exception, or
export control document; business may also be made subject to This collection of information is
B. Carrying on negotiations the provisions of this Order in order to needed to detect violations of the Export
concerning, or ordering, buying, prevent evasion of this Order. Administration Act and Regulations,
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of and determine if an investigation or
storing, disposing of, forwarding, the Regulations, Nenos Rea may file an prosecution is necessary and to reach a
transporting, financing, or otherwise appeal of this Order with the Under settlement with violators. Voluntary

VerDate Sep<11>2014 20:21 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\18NON1.SGM 18NON1
Document Created: 2018-02-14 08:32:10
Document Modified: 2018-02-14 08:32:10
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 81735
81 FR 81735 - 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
