81_FR_81960 81 FR 81737 - Order Denying Export Privileges

81 FR 81737 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

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

Page Range81737-81738
FR Document2016-27785

Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016) 
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81737-81738]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27785]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 Order Denying Export Privileges

    In the Matter of: Julio Cesar Solis-Castilleja, Inmate Number: 
56152-379, FCI Victorville Medium I, Federal Correctional 
Institution, Correctional Institution, P.O. Box 3725, Adelanto, CA 
92301.

    On June 30, 2014, in the U.S. District Court for the Southern 
District of Texas, Julio Cesar Solis-Castilleja (``Solis-Castilleja''), 
was convicted of violating Section 38 of the Arms Export Control Act 
(22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Solis-Castilleja 
knowingly and willfully attempted to export and caused to be exported 
from the United States to Mexico a defense article, that is, a Norinco 
MAK 90 Sporter 7.62 x 39mm caliber rifle, a Bushmaster .308 caliber 
rifle, a DPMS Panther .308 caliber rifle, a FN Herstal .308 caliber 
rifle, a PTR 91C .308 caliber rifle, four (4) 7.62 x 51mm magazines, 
and one (1) 7.62 x 39mm magazine, which were designated 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. Solis-Castilleja was sentenced 
to 46 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 Solis-Castilleja's conviction for 
violating the AECA, and has provided notice and an opportunity for 
Solis-Castilleja to make a written submission to BIS, as provided in 
Section 766.25 of the Regulations. BIS has not received a submission 
from Solis-Castilleja.
    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 Solis-Castilleja's export privileges under the 
Regulations for a period of 10 years from the date of Solis-
Castilleja's conviction. I have also decided to revoke all licenses 
issued pursuant to the Act or Regulations in which Solis-Castilleja had 
an interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until June 30, 2024, Julio Cesar 
Solis-Castilleja, with a last known address of Inmate Number: 56152-
379, FCI Victorville Medium I, Federal Correctional Institution, P.O. 
Box 3725, Adelanto,CA 92301, 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

[[Page 81738]]

    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 Solis-Castilleja 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, Solis-
Castilleja 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 Solis-
Castilleja. This Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until June 30, 2024.

    Issued this 9th day of November, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-27785 Filed 11-17-16; 8:45 am]
BILLING CODE P

Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices 81737 self-disclosure of EAR violations DEPARTMENT OF COMMERCE CFR 766.25(a); see also Section 11(h) of strengthens BIS’s enforcement efforts by the EAA, 50 U.S.C. 4610(h). The denial allowing BIS to conduct investigations Bureau of Industry and Security of export privileges under this provision of the disclosed incidents faster than may be for a period of up to 10 years would be the case if BIS had to detect Order Denying Export Privileges from the date of the conviction. 15 CFR the violations without such disclosures. In the Matter of: Julio Cesar Solis-Castilleja, 766.25(d); see also 50 U.S.C. 4610(h). In BIS evaluates the seriousness of the Inmate Number: 56152–379, FCI Victorville addition, Section 750.8 of the violation and either (1) Informs the Medium I, Federal Correctional Institution, Regulations states that the Bureau of person making the is closure that no Correctional Institution, P.O. Box 3725, Industry and Security’s Office of action is warranted; (2) issues a warning Adelanto, CA 92301. Exporter Services may revoke any letter; (3) issues a proposed charging On June 30, 2014, in the U.S. District Bureau of Industry and Security (‘‘BIS’’) letter and attempts to settle the matter; Court for the Southern District of Texas, licenses previously issued in which the (4) issues a charging letter if settlement Julio Cesar Solis-Castilleja (‘‘Solis- person had an interest in at the time of is not reached; and/or (5) refers the Castilleja’’), was convicted of violating his conviction. matter to the U.S. Department of Justice Section 38 of the Arms Export Control BIS has received notice of Solis- for criminal prosecution. Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Castilleja’s conviction for violating the Specifically, Solis-Castilleja knowingly AECA, and has provided notice and an II. Method of Collection and willfully attempted to export and opportunity for Solis-Castilleja to make Submitted on paper. caused to be exported from the United a written submission to BIS, as provided States to Mexico a defense article, that in Section 766.25 of the Regulations. III. Data is, a Norinco MAK 90 Sporter 7.62 × BIS has not received a submission from 39mm caliber rifle, a Bushmaster .308 Solis-Castilleja. OMB Control Number: 0694–0058. caliber rifle, a DPMS Panther .308 Based upon my review and Form Number(s): N/A. caliber rifle, a FN Herstal .308 caliber consultations with BIS’s Office of Type of Review: Regular submission. rifle, a PTR 91C .308 caliber rifle, four Export Enforcement, including its Affected Public: Business or other for- (4) 7.62 × 51mm magazines, and one (1) Director, and the facts available to BIS, profit organizations. 7.62 × 39mm magazine, which were I have decided to deny Solis-Castilleja’s designated as a defense article on the export privileges under the Regulations Estimated Number of Respondents: United States Munitions List, without for a period of 10 years from the date of 388. having first obtained from the Solis-Castilleja’s conviction. I have also Estimated Time per Response: 10 Department of State a license for such decided to revoke all licenses issued hours. export or written authorization for such pursuant to the Act or Regulations in Estimated Total Annual Burden export. Solis-Castilleja was sentenced to which Solis-Castilleja had an interest at Hours: 3880. 46 months in prison, three years of the time of his conviction. supervised release, and a $100 Accordingly, it is hereby ordered: Estimated Total Annual Cost to assessment. First, from the date of this Order until Public: $194,000. Section 766.25 of the Export June 30, 2024, Julio Cesar Solis- IV. Request for Comments Administration Regulations (‘‘EAR’’ or Castilleja, with a last known address of ‘‘Regulations’’) 1 provides, in pertinent Inmate Number: 56152–379, FCI Comments are invited on: (a) Whether part, that ‘‘[t]he Director of the Office of Victorville Medium I, Federal the proposed collection of information Exporter Services, in consultation with Correctional Institution, P.O. Box 3725, is necessary for the proper performance the Director of the Office of Export Adelanto,CA 92301, and when acting of the functions of the agency, including Enforcement, may deny the export for or on his behalf, his successors, whether the information shall have privileges of any person who has been assigns, employees, agents or practical utility; (b) the accuracy of the convicted of a violation of the Export representatives (the ‘‘Denied Person’’), agency’s estimate of the burden Administration Act (‘‘EAA’’), the EAR, may not, directly or indirectly, (including hours and cost) of the or any order, license or authorization participate in any way in any proposed collection of information; (c) issued thereunder; any regulation, transaction involving any commodity, ways to enhance the quality, utility, and license, or order issued under the software or technology (hereinafter clarity of the information to be International Emergency Economic collectively referred to as ‘‘item’’) collected; and (d) ways to minimize the Powers Act (50 U.S.C. 1701–1706); 18 exported or to be exported from the burden of the collection of information U.S.C. 793, 794 or 798; section 4(b) of United States that is subject to the on respondents, including through the the Internal Security Act of 1950 (50 Regulations, including, but not limited use of automated collection techniques U.S.C. 783(b)), or section 38 of the Arms to: or other forms of information Export Control Act (22 U.S.C. 2778).’’ 15 A. Applying for, obtaining, or using technology. any license, License Exception, or 1 The Regulations are currently codified in the Comments submitted in response to export control document; Code of Federal Regulations at 15 CFR parts 730– this notice will be summarized and/or 774 (2016). The Regulations issued pursuant to the B. Carrying on negotiations included in the request for OMB Export Administration Act (50 U.S.C. 4601–4623 concerning, or ordering, buying, approval of this information collection; (Supp. III 2015) (available at http:// receiving, using, selling, delivering, uscode.house.gov)). Since August 21, 2001, the Act storing, disposing of, forwarding, mstockstill on DSK3G9T082PROD with NOTICES they also will become a matter of public has been in lapse and the President, through record. Executive Order 13222 of August 17, 2001 (3 CFR, transporting, financing, or otherwise 2001 Comp. 783 (2002)), which has been extended servicing in any way, any transaction Sheleen Dumas, by successive Presidential Notices, the most recent involving any item exported or to be PRA Departmental Lead, Office of the Chief being that of August 4, 2016 (81 FR 52,587 (Aug. exported from the United States that is Information Officer. 8, 2016)), has continued the Regulations in effect under the International Emergency Economic subject to the Regulations, or in any [FR Doc. 2016–27824 Filed 11–17–16; 8:45 am] Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. other activity subject to the Regulations; BILLING CODE 3510–33–P IV 2010)). or VerDate Sep<11>2014 20:21 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\18NON1.SGM 18NON1

81738 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices C. Benefitting in any way from any Fifth, a copy of this Order shall be Preliminary Results. We received no transaction involving any item exported delivered to the Solis-Castilleja. This comments. The Department conducted or to be exported from the United States Order shall be published in the Federal these reviews in accordance with that is subject to the Regulations, or in Register. section 751(a)(2) of the Tariff Act of any other activity subject to the Sixth, this Order is effective 1930, as amended (the Act). Regulations. immediately and shall remain in effect Second, no person may, directly or until June 30, 2024. Scope of the Order indirectly, do any of the following: Issued this 9th day of November, 2016. The merchandise subject to the order A. Export or reexport to or on behalf is solid urea, a high-nitrogen content Karen H. Nies-Vogel, of the Denied Person any item subject to fertilizer which is produced by reacting the Regulations; Director, Office of Exporter Services. [FR Doc. 2016–27785 Filed 11–17–16; 8:45 am] ammonia with carbon dioxide. The B. Take any action that facilitates the product is currently classified under the acquisition or attempted acquisition by BILLING CODE P Harmonized Tariff Schedules of the the Denied Person of the ownership, United States (HTSUS) item number possession, or control of any item DEPARTMENT OF COMMERCE 3102.10.0010. Previously such subject to the Regulations that has been merchandise was classified under item or will be exported from the United International Trade Administration number 480.3000 and 3102.10.0000 of States, including financing or other the HTSUS. Although the HTSUS support activities related to a [A–821–801] transaction whereby the Denied Person subheading is provided for convenience acquires or attempts to acquire such Solid Urea From Russia: Final Results and customs purposes, the written ownership, possession or control; of Antidumping Duty Administrative description of the merchandise subject C. Take any action to acquire from or and New Shipper Reviews; 2014–2015 to the order is dispositive. to facilitate the acquisition or attempted AGENCY: Enforcement and Compliance, Final Results of the Administrative acquisition from the Denied Person of International Trade Administration, Review any item subject to the Regulations that Department of Commerce. has been exported from the United The Department made no changes to SUMMARY: On August 12, 2016, the its calculations announced in the States; D. Obtain from the Denied Person in Department of Commerce (the Preliminary Results. As a result of this the United States any item subject to the Department) published the preliminary administrative review, we determine Regulations with knowledge or reason results of the administrative review and that an estimated weighted-average to know that the item will be, or is new shipper review of the antidumping dumping margin of 0.00 percent exists intended to be, exported from the duty order on solid urea from Russia. for MCC EuroChem for the period July United States; or The period of review (POR) is July 1, 1, 2014, through June 30, 2015. E. Engage in any transaction to service 2014, through June 30, 2015. For the final results of these reviews, we Final Results of the New Shipper any item subject to the Regulations that continue to find that subject Review has been or will be exported from the United States and which is owned, merchandise has not been sold at less The Department made no changes to possessed or controlled by the Denied than normal value. its calculations announced in the Person, or service any item, of whatever DATES: Effective November 18, 2016. Preliminary Results. As a result of this origin, that is owned, possessed or FOR FURTHER INFORMATION CONTACT: new shipper review, we determine that controlled by the Denied Person if such Michael A. Romani or Andre Gziryan, an estimated weighted-average dumping service involves the use of any item AD/CVD Operations, Office I, margin of 0.00 percent exists for subject to the Regulations that has been Enforcement and Compliance, merchandise produced and exported by or will be exported from the United International Trade Administration, PhosAgro for the period July 1, 2014, States. For purposes of this paragraph, U.S. Department of Commerce, 1401 through June 30, 2015. servicing means installation, Constitution Avenue NW., Washington, maintenance, repair, modification or DC 20230; telephone: (202) 482–0198, Assessment testing. and (202) 482–2201, respectively. In accordance with 19 CFR 351.212 Third, after notice and opportunity for SUPPLEMENTARY INFORMATION: and the Final Modification,2 the comment as provided in Section 766.23 Department will instruct U.S. Customs of the Regulations, any other person, Background and Border Protection (CBP) to liquidate firm, corporation, or business On August 12, 2016, the Department all appropriate entries for MCC organization related to Solis-Castilleja published the Preliminary Results of the EuroChem and PhosAgro without regard by ownership, control, position of administrative review and new shipper to antidumping duties. responsibility, affiliation, or other review of the antidumping duty order connection in the conduct of trade or on solid urea from Russia.1 The For entries of subject merchandise business may also be made subject to administrative review covers MCC during the period of review produced by the provisions of this Order in order to EuroChem; the new shipper review MCC EuroChem and PhosAgro for prevent evasion of this Order. covers Joint Stock Company PhosAgro- which they did not know their Fourth, in accordance with Part 756 of Cherepovets (PhosAgro). The merchandise was destined for the the Regulations, Solis-Castilleja may file Department gave interested parties an United States, we will instruct CBP to mstockstill on DSK3G9T082PROD with NOTICES an appeal of this Order with the Under opportunity to comment on the liquidate unreviewed entries at the all- Secretary of Commerce for Industry and others rate if there is no rate for the Security. The appeal must be filed 1 See Solid Urea from the Russian Federation: within 45 days from the date of this Preliminary Results of Antidumping Duty 2 See Antidumping Proceedings: Calculation of Administrative and New Shipper Reviews and the Weighted-Average Dumping Margin and Order and must comply with the Rescission of Administrative Review, in Part; 2014– Assessment Rate in Certain Antidumping Duty provisions of Part 756 of the 2015, 81 FR 53414 (August 12, 2016) (Preliminary Proceedings; Final Modification, 77 FR 8101, 8102 Regulations. Results). (February 14, 2012) (Final Modification). VerDate Sep<11>2014 20:21 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\18NON1.SGM 18NON1


Document Created: 2018-02-14 08:32:09
Document Modified: 2018-02-14 08:32:09
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 81737 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR