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)

[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)).
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    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]
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