82 FR 16787 - In the Matter of: Juan Jose Estrada, Inmate Number: 53358-379, Big Spring, Correctional Institution, 2001 Rickabaugh Drive, Big Spring, TX 79720; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 65 (April 6, 2017)

Page Range		16787-16788
FR Document		2017-06819

Federal Register, Volume 82 Issue 65 (Thursday, April 6, 2017)

[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Notices]
[Pages 16787-16788]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-06819]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

In the Matter of: Juan Jose Estrada, Inmate Number: 53358-379,
Big Spring, Correctional Institution, 2001 Rickabaugh Drive, Big
Spring, TX 79720; Order Denying Export Privileges

On July 25, 2014, in the U.S. District Court for the Southern
District of Texas, Juan Jose Estrada (``Estrada''), was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. Sec.
2778 (2012)) (``AECA''). Specifically, Estrada knowingly and
intentionally conspired and agreed to knowingly and willfully export,
attempt to export, and cause to be exported into Mexico from the United
States a defense article, that is: A Browning Model 1919, .30 caliber,
semi-automatic rifle, which was 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. Estrada was sentenced 46 months in prison, one year of
supervised release, and a $100 assessment.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent

[[Page 16788]]

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. Sec. 1701-1706); 18 U.S.C. Sec. Sec. 793, 794
or 798; section 4(b) of the Internal Security Act of 1950 (50 U.S.C.
Sec. 783(b)), or section 38 of the Arms Export Control Act (22 U.S.C.
Sec. 2778).'' 15 CFR Sec. 766.25(a); see also Section 11(h) of the
EAA, 50 U.S.C. Sec. 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 Sec. 766.25(d); see also 50 U.S.C. Sec.
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.
Sec. Sec. 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. Sec. 1701, et seq. (2006 & Supp. IV 2010)).
---------------------------------------------------------------------------

BIS has received notice of Estrada's conviction for violating the
AECA, and has provided notice and an opportunity for Estrada to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has received a submission from Estrada.
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 Estrada's export privileges under the Regulations
for a period of 10 years from the date of Estrada's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Estrada had an interest at the time of his
conviction.

Accordingly, it is hereby ordered:

First, from the date of this Order until July 25, 2024, Juan Jose
Estrada, with a last known address of Inmate Number: 53358-379, Big
Spring, Correctional Institution, 2001 Rickabaugh Drive, Big Spring, TX
79720, 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 Estrada 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, Estrada 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 Estrada. This
Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until July 25, 2024.

Issued this 31st day of March, 2017.
Hillary Hess,
Acting Director, Office of Exporter Services.
[FR Doc. 2017-06819 Filed 4-5-17; 8:45 am]
BILLING CODE P

Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices 16787

Administration Act (‘‘EAA’’), the EAR, receiving, using, selling, delivering, the provisions of this Order in order to
or any order, license or authorization storing, disposing of, forwarding, prevent evasion of this Order.
issued thereunder; any regulation, transporting, financing, or otherwise Fourth, in accordance with part 756 of
license, or order issued under the servicing in any way, any transaction the Regulations, Cheng may file an
International Emergency Economic involving any item exported or to be appeal of this Order with the Under
Powers Act (50 U.S.C. 1701–1706); 18 exported from the United States that is Secretary of Commerce for Industry and
U.S.C. 793, 794 or 798; section 4(b) of subject to the Regulations, or in any Security. The appeal must be filed
the Internal Security Act of 1950 (50 other activity subject to the Regulations; within 45 days from the date of this
U.S.C. 783(b)), or section 38 of the Arms or Order and must comply with the
Export Control Act (22 U.S.C. 2778).’’ 15 C. Benefitting in any way from any provisions of Part 756 of the
CFR 766.25(a); see also Section 11(h) of transaction involving any item exported Regulations.
the EAA, 50 U.S.C. 4610(h). The denial or to be exported from the United States Fifth, a copy of this Order shall be
of export privileges under this provision that is subject to the Regulations, or in delivered to the Cheng. This Order shall
may be for a period of up to 10 years any other activity subject to the be published in the Federal Register.
from the date of the conviction. 15 CFR Regulations. Sixth, this Order is effective
766.25(d); see also 50 U.S.C. 4610(h). In immediately and shall remain in effect
Second, no person may, directly or until January 27, 2026.
addition, Section 750.8 of the indirectly, do any of the following:
Regulations states that the Bureau of Dated: Issued this 31st day of March, 2017.
Industry and Security’s Office of A. Export or reexport to or on behalf Hillary Hess,
Exporter Services may revoke any of the Denied Person any item subject to
Acting Director, Office of Exporter Services.
Bureau of Industry and Security (‘‘BIS’’) the Regulations;
[FR Doc. 2017–06811 Filed 4–5–17; 8:45 am]
licenses previously issued in which the B. Take any action that facilitates the
BILLING CODE P
person had an interest in at the time of acquisition or attempted acquisition by
his conviction. the Denied Person of the ownership,
BIS has received notice of Cheng’s possession, or control of any item DEPARTMENT OF COMMERCE
conviction for violating IEEPA, and in subject to the Regulations that has been
accordance with Section 766.25 of the or will be exported from the United Bureau of Industry and Security
Regulations, BIS has provided notice States, including financing or other
and an opportunity for Cheng to make support activities related to a In the Matter of: Juan Jose Estrada,
a written submission to BIS. BIS has not transaction whereby the Denied Person Inmate Number: 53358–379, Big
received a submission from Cheng. acquires or attempts to acquire such Spring, Correctional Institution, 2001
Based upon my review and ownership, possession or control; Rickabaugh Drive, Big Spring, TX
consultations with BIS’s Office of C. Take any action to acquire from or 79720; Order Denying Export
Export Enforcement, including its to facilitate the acquisition or attempted Privileges
Director, and the facts available to BIS, acquisition from the Denied Person of On July 25, 2014, in the U.S. District
I have decided to deny Cheng’s export any item subject to the Regulations that Court for the Southern District of Texas,
privileges under the Regulations for a has been exported from the United Juan Jose Estrada (‘‘Estrada’’), was
period of 10 years from the date of States; convicted of violating Section 38 of the
Cheng’s conviction. I have also decided D. Obtain from the Denied Person in Arms Export Control Act (22 U.S.C.
to revoke all licenses issued pursuant to the United States any item subject to the § 2778 (2012)) (‘‘AECA’’). Specifically,
the Act or Regulations in which Cheng Regulations with knowledge or reason Estrada knowingly and intentionally
had an interest at the time of his to know that the item will be, or is conspired and agreed to knowingly and
conviction. intended to be, exported from the willfully export, attempt to export, and
Accordingly, it is hereby Ordered: United States; or cause to be exported into Mexico from
First, from the date of this Order until E. Engage in any transaction to service the United States a defense article, that
January 27, 2026, Sihai Cheng, a/k/a any item subject to the Regulations that is: A Browning Model 1919, .30 caliber,
Alex Cheng, a/k/a Chun Hai Cheng, has been or will be exported from the semi-automatic rifle, which was
with a last known address of Inmate United States and which is owned, designated as a defense article on the
Number: 96454–038, FCI Terminal possessed or controlled by the Denied United States Munitions List, without
Island, Federal Correctional Institution, Person, or service any item, of whatever having first obtained from the
P.O. Box 3007, San Pedro, CA 90733, origin, that is owned, possessed or Department of State a license for such
and when acting for or on his behalf, his controlled by the Denied Person if such export or written authorization for such
successors, assigns, employees, agents service involves the use of any item export. Estrada was sentenced 46
or representatives (the ‘‘Denied subject to the Regulations that has been months in prison, one year of
Person’’), may not, directly or indirectly, or will be exported from the United supervised release, and a $100
participate in any way in any States. For purposes of this paragraph, assessment.
transaction involving any commodity, servicing means installation, Section 766.25 of the Export
software or technology (hereinafter maintenance, repair, modification or Administration Regulations (‘‘EAR’’ or
collectively referred to as ‘‘item’’) testing. ‘‘Regulations’’) 1 provides, in pertinent
exported or to be exported from the Third, after notice and opportunity for
United States that is subject to the comment as provided in Section 766.23 1 The Regulations are currently codified in the
mstockstill on DSK3G9T082PROD with NOTICES

Regulations, including, but not limited Code of Federal Regulations at 15 CFR parts 730–
of the Regulations, any other person, 774 (2016). The Regulations issued pursuant to the
to: firm, corporation, or business Export Administration Act (50 U.S.C. §§ 4601–4623
A. Applying for, obtaining, or using organization related to Cheng by (Supp. III 2015) (available at http://
any license, License Exception, or ownership, control, position of uscode.house.gov)). Since August 21, 2001, the Act
has been in lapse and the President, through
export control document; responsibility, affiliation, or other Executive Order 13222 of August 17, 2001 (3 CFR,
B. Carrying on negotiations connection in the conduct of trade or 2001 Comp. 783 (2002)), which has been extended
concerning, or ordering, buying, business may also be made subject to Continued

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16788 Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices

part, that ‘‘[t]he Director of the Office of commodity, software or technology maintenance, repair, modification or
Exporter Services, in consultation with (hereinafter collectively referred to as testing.
the Director of the Office of Export ‘‘item’’) exported or to be exported from Third, after notice and opportunity for
Enforcement, may deny the export the United States that is subject to the comment as provided in Section 766.23
privileges of any person who has been Regulations, including, but not limited of the Regulations, any other person,
convicted of a violation of the Export to: firm, corporation, or business
Administration Act (‘‘EAA’’), the EAR, A. Applying for, obtaining, or using organization related to Estrada by
or any order, license or authorization any license, License Exception, or ownership, control, position of
issued thereunder; any regulation, export control document; responsibility, affiliation, or other
license, or order issued under the B. Carrying on negotiations connection in the conduct of trade or
International Emergency Economic concerning, or ordering, buying, business may also be made subject to
Powers Act (50 U.S.C. § 1701–1706); 18 receiving, using, selling, delivering, the provisions of this Order in order to
U.S.C. §§ 793, 794 or 798; section 4(b) storing, disposing of, forwarding, prevent evasion of this Order.
of the Internal Security Act of 1950 (50 transporting, financing, or otherwise Fourth, in accordance with part 756 of
U.S.C. § 783(b)), or section 38 of the servicing in any way, any transaction the Regulations, Estrada may file an
Arms Export Control Act (22 U.S.C. involving any item exported or to be appeal of this Order with the Under
§ 2778).’’ 15 CFR § 766.25(a); see also exported from the United States that is Secretary of Commerce for Industry and
Section 11(h) of the EAA, 50 U.S.C. subject to the Regulations, or in any Security. The appeal must be filed
§ 4610(h). The denial of export other activity subject to the Regulations; within 45 days from the date of this
privileges under this provision may be or Order and must comply with the
for a period of up to 10 years from the C. Benefitting in any way from any provisions of part 756 of the
date of the conviction. 15 CFR transaction involving any item exported Regulations.
§ 766.25(d); see also 50 U.S.C. § 4610(h). or to be exported from the United States Fifth, a copy of this Order shall be
In addition, Section 750.8 of the that is subject to the Regulations, or in delivered to the Estrada. This Order
Regulations states that the Bureau of any other activity subject to the shall be published in the Federal
Industry and Security’s Office of Regulations. Register.
Exporter Services may revoke any Sixth, this Order is effective
Bureau of Industry and Security (‘‘BIS’’) Second, no person may, directly or
indirectly, do any of the following: immediately and shall remain in effect
licenses previously issued in which the until July 25, 2024.
person had an interest in at the time of A. Export or reexport to or on behalf
his conviction. of the Denied Person any item subject to Issued this 31st day of March, 2017.
BIS has received notice of Estrada’s the Regulations; Hillary Hess,
conviction for violating the AECA, and B. Take any action that facilitates the Acting Director, Office of Exporter Services.
has provided notice and an opportunity acquisition or attempted acquisition by [FR Doc. 2017–06819 Filed 4–5–17; 8:45 am]
for Estrada to make a written the Denied Person of the ownership, BILLING CODE P
submission to BIS, as provided in possession, or control of any item
Section 766.25 of the Regulations. BIS subject to the Regulations that has been
has received a submission from Estrada. or will be exported from the United DEPARTMENT OF COMMERCE
Based upon my review and States, including financing or other
consultations with BIS’s Office of support activities related to a Bureau of Industry and Security
Export Enforcement, including its transaction whereby the Denied Person
Director, and the facts available to BIS, In the Matter of: Amin Al-Baroudi, a/k/
acquires or attempts to acquire such
I have decided to deny Estrada’s export a Abu al-Jud, Inmate Number: 87450–
ownership, possession or control;
privileges under the Regulations for a 083, FCI Victorville Medium II, Federal
C. Take any action to acquire from or Correctional Institution, P.O. Box 3850,
period of 10 years from the date of to facilitate the acquisition or attempted
Estrada’s conviction. I have also decided Adelanto, CA 92301; Order Denying
acquisition from the Denied Person of Export Privileges
to revoke all licenses issued pursuant to any item subject to the Regulations that
the Act or Regulations in which Estrada has been exported from the United On June 13, 2016, in the U.S. District
had an interest at the time of his States; Court for the Eastern District of Virginia,
conviction. D. Obtain from the Denied Person in Amin Al-Baroudi, a/k/a Abu al-Jud
Accordingly, it is hereby ordered: the United States any item subject to the (‘‘Al-Baroudi’’) was convicted of
First, from the date of this Order until Regulations with knowledge or reason violating the International Emergency
July 25, 2024, Juan Jose Estrada, with a to know that the item will be, or is Economic Powers Act (50 U.S.C. 1701,
last known address of Inmate Number: intended to be, exported from the et seq. (2012)) (‘‘IEEPA’’). Specifically,
53358–379, Big Spring, Correctional United States; or Al-Baroudi willfully combined,
Institution, 2001 Rickabaugh Drive, Big E. Engage in any transaction to service conspired, confederated, and agreed
Spring, TX 79720, and when acting for any item subject to the Regulations that with other U.S. and non U.S. persons to
or on his behalf, his successors, assigns, has been or will be exported from the export and cause to be exported goods
employees, agents or representatives United States and which is owned, from the United States to Syria in
(the ‘‘Denied Person’’), may not, directly possessed or controlled by the Denied violating of the sanctions imposed on
or indirectly, participate in any way in Person, or service any item, of whatever Syria by the United States without
mstockstill on DSK3G9T082PROD with NOTICES

any transaction involving any origin, that is owned, possessed or having first obtained the required
controlled by the Denied Person if such authorization from the United States
by successive Presidential Notices, the most recent service involves the use of any item Department of Commerce. Baroudi was
being that of August 4, 2016 (81 FR 52,587 (Aug. subject to the Regulations that has been sentenced to 32 months in prison, with
8, 2016)), has continued the Regulations in effect
under the International Emergency Economic
or will be exported from the United credit for time served, two years of
Powers Act (50 U.S.C. § 1701, et seq. (2006 & Supp. States. For purposes of this paragraph, supervised release, and a special
IV 2010)). servicing means installation, assessment of $100.00.

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Document Created: 2017-04-06 01:46:37
Document Modified: 2017-04-06 01:46:37

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		82 FR 16787

82 FR 16787 - In the Matter of: Juan Jose Estrada, Inmate Number: 53358-379, Big Spring, Correctional Institution, 2001 Rickabaugh Drive, Big Spring, TX 79720; Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 65 (April 6, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security