82 FR 30831 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 126 (July 3, 2017)

Page Range		30831-30832
FR Document		2017-13971
Federal Register, Volume 82 Issue 126 (Monday, July 3, 2017)
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30831-30832]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13971]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Edwin Navarro Makasiar II, Inmate Number: 
47704-424, D. Ray James Correctional Institution, P.O. Box 2000, 
Folkston, GA 31437.

    On June 30, 2015, in the U.S. District Court for the Northern 
District of Illinois, Edwin Navarro Makasiar II (``Makasiar'') was 
convicted of violating Section 38 of the Arms Export Control Act (22 
U.S.C. 2778 (2012)) (``AECA''). Specifically, Makasiar was convicted of 
knowingly and willfully attempting to export from the United States to 
the Philippines defense articles designated on the United States 
Munitions List, namely, two Glock Model 23, .40 caliber pistols and 
approximately 2,500 rounds of .223 caliber and 5.56 mm ammunition, 
without the required U.S. Department of State licenses. Makasiar was 
sentenced to 60 months in prison, a $2,000 criminal fine, and a $200 
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 EAA [Export 
Administration Act], 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 pursuant to 
the Export Administration Act (``EAA'' or ``the Act'') or the 
Regulations in

[[Page 30832]]

which the person had an interest 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)) 
(``EAA'' or ``the Act''). 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. (2012)).
---------------------------------------------------------------------------

    BIS has received notice of Makasiar's conviction for violating the 
AECA, and has provided notice and an opportunity for Makasiar to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Makasiar.
    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 Makasiar's export privileges under the Regulations 
for a period of 10 years from the date of Makasiar's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Makasiar had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until June 30, 2025, Edwin 
Navarro Makasiar II, with a last known address of Inmate Number: 47704-
424, D. Ray James Correctional Institution, P.O. Box 2000, Folkston, GA 
31437, 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 engaging 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 from 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 Makasiar 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, Makasiar 
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 Makasiar, and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until June 30, 2025.

    Dated: June 27, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-13971 Filed 6-30-17; 8:45 am]
BILLING CODE P
Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices 30831

origin, that is owned, possessed or 4. Industry Presentations: Quantum Correctional Institution, P.O. Box 2000,
controlled by the Denied Person if such Computing Folkston, GA 31437.
service involves the use of any item 5. New business
subject to the Regulations that has been On June 30, 2015, in the U.S. District
Thursday, July 27 Court for the Northern District of
or will be exported from the United
States. For purposes of this paragraph, Closed Session Illinois, Edwin Navarro Makasiar II
servicing means installation, (‘‘Makasiar’’) was convicted of violating
6. Discussion of Matters Determined to Section 38 of the Arms Export Control
maintenance, repair, modification or be Exempt From the Provisions
testing. Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Relating to Public Meetings Found Specifically, Makasiar was convicted of
Third, after notice and opportunity for in 5 U.S.C. App. 2, 10(a)(1) and
comment as provided in Section 766.23 knowingly and willfully attempting to
10(a)(3) export from the United States to the
of the Regulations, any other person, The open session will be accessible
firm, corporation, or business Philippines defense articles designated
via teleconference to 20 participants on on the United States Munitions List,
organization related to Morales by a first come, first serve basis. To join the
ownership, control, position of namely, two Glock Model 23, .40 caliber
conference, submit inquiries to Ms. pistols and approximately 2,500 rounds
responsibility, affiliation, or other Yvette Springer at Yvette.Springer@
connection in the conduct of trade or of .223 caliber and 5.56 mm
bis.doc.gov, no later than July 19, 2017. ammunition, without the required U.S.
business may also be made subject to A limited number of seats will be
the provisions of this Order in order to Department of State licenses. Makasiar
available for the public session.
prevent evasion of this Order. was sentenced to 60 months in prison,
Reservations are not accepted. To the
Fourth, in accordance with Part 756 of a $2,000 criminal fine, and a $200
extent time permits, members of the
the Regulations, Morales may file an assessment.
public may present oral statements to
appeal of this Order with the Under the Committee. The public may submit Section 766.25 of the Export
Secretary of Commerce for Industry and written statements at any time before or Administration Regulations (‘‘EAR’’ or
Security. The appeal must be filed after the meeting. However, to facilitate ‘‘Regulations’’) 1 provides, in pertinent
within 45 days from the date of this distribution of public presentation part, that ‘‘[t]he Director of the Office of
Order and must comply with the materials to Committee members, the Exporter Services, in consultation with
provisions of Part 756 of the Committee suggests that public the Director of the Office of Export
Regulations. presentation materials or comments be Enforcement, may deny the export
Fifth, a copy of this Order shall be forwarded before the meeting to Ms. privileges of any person who has been
delivered to Morales and shall be Springer. convicted of a violation of the EAA
published in the Federal Register. The Assistant Secretary for [Export Administration Act], the EAR,
Sixth, this Order is effective Administration, with the concurrence of or any order, license, or authorization
immediately and shall remain in effect the delegate of the General Counsel, issued thereunder; any regulation,
until June 1, 2026. formally determined on February 27, license or order issued under the
Dated: June 27, 2017. 2017, pursuant to Section 10(d) of the International Emergency Economic
Karen H. Nies-Vogel, Federal Advisory Committee Act, as Powers Act (50 U.S.C. 1701–1706); 18
Director, Office of Exporter Services. amended (5 U.S.C. App. 2, (10)(d)), that U.S.C. 793, 794 or 798; section 4(b) of
[FR Doc. 2017–13969 Filed 6–30–17; 8:45 am] the portion of the meeting concerning the Internal Security Act of 1950 (50
BILLING CODE P
trade secrets and commercial or U.S.C. 783(b)); or section 38 of the Arms
financial information deemed privileged Export Control Act (22 U.S.C. 2778).’’ 15
or confidential as described in 5 U.S.C. CFR 766.25(a); see also Section 11(h) of
DEPARTMENT OF COMMERCE 552b(c)(4) and the portion of the the EAA, 50 U.S.C. 4610(h). The denial
meeting concerning matters the of export privileges under this provision
Bureau of Industry and Security disclosure of which would be likely to may be for a period of up to 10 years
frustrate significantly implementation of from the date of the conviction. 15 CFR
Information Systems Technical an agency action as described in 5 766.25(d); see also 50 U.S.C. 4610(h). In
Advisory Committee; Notice of U.S.C. 552b(c)(9)(B) shall be exempt addition, Section 750.8 of the
Partially Closed Meeting from the provisions relating to public Regulations states that the Bureau of
The Information Systems Technical meetings found in 5 U.S.C. App. 2, Industry and Security’s Office of
Advisory Committee (ISTAC) will meet 10(a)(1) and 10(a)(3). The remaining Exporter Services may revoke any
on July 26 and 27, 2017, 9:00 a.m., in portions of the meeting will be open to Bureau of Industry and Security (‘‘BIS’’)
the Herbert C. Hoover Building, Room the public. licenses previously issued pursuant to
3884, 14th Street between Constitution For more information, call Yvette the Export Administration Act (‘‘EAA’’
Springer at (202) 482–2813. or ‘‘the Act’’) or the Regulations in
and Pennsylvania Avenues NW.,
Washington, DC. The Committee Yvette Springer,
advises the Office of the Assistant Committee Liaison Officer. 1 The Regulations are currently codified in the

Secretary for Export Administration on Code of Federal Regulations at 15 CFR parts 730–
[FR Doc. 2017–13871 Filed 6–30–17; 8:45 am] 774 (2016). The Regulations issued pursuant to the
technical questions that affect the level BILLING CODE 3510–JT–P Export Administration Act (50 U.S.C. 4601–4623
of export controls applicable to (Supp. III 2015) (available at http://
information systems equipment and uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
sradovich on DSK3GMQ082PROD with NOTICES

technology. August 21, 2001, the Act has been in lapse and the
DEPARTMENT OF COMMERCE President, through Executive Order 13222 of August
Wednesday, July 26 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
Bureau of Industry and Security has been extended by successive Presidential
Open Session Notices, the most recent being that of August 4,
Order Denying Export Privileges 2016 (81 FR 52,587 (Aug. 8, 2016)), has continued
1. Welcome and Introductions the Regulations in effect under the International
2. Working Group Reports In the Matter of: Edwin Navarro Makasiar Emergency Economic Powers Act (50 U.S.C. 1701,
3. Old Business II, Inmate Number: 47704–424, D. Ray James et seq. (2012)).

VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\03JYN1.SGM 03JYN1
30832 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices

which the person had an interest at the possession, or control of any item DEPARTMENT OF COMMERCE
time of his conviction. subject to the Regulations that has been
BIS has received notice of Makasiar’s or will be exported from the United Bureau of Industry and Security
conviction for violating the AECA, and States, including financing or other
has provided notice and an opportunity support activities related to a Order Denying Export Privileges
for Makasiar to make a written transaction whereby the Denied Person In the Matter of: Jose Abraham Benavides-
submission to BIS, as provided in acquires or attempts to acquire such Cira, Inmate Number: 85048–379, FCI Big
Section 766.25 of the Regulations. BIS ownership, possession or control; Spring, 1900 Simler Avenue, Big Spring,
has not received a submission from C. Take any action to acquire from or TX 79720.
Makasiar. to facilitate the acquisition or attempted On May 23, 2016, in the U.S. District
Based upon my review and acquisition from the Denied Person of Court for the Southern District of Texas,
consultations with BIS’s Office of any item subject to the Regulations that Jose Abraham Benavides-Cira was
Export Enforcement, including its has been exported from the United convicted of violating Section 38 of the
Director, and the facts available to BIS, States; Arms Export Control Act (22 U.S.C.
I have decided to deny Makasiar’s 2778 (2012)) (‘‘AECA’’). Specifically,
export privileges under the Regulations D. Obtain from the Denied Person in
the United States any item subject to the Jose Abraham Benavides-Cira was
for a period of 10 years from the date of convicted of intentionally and
Makasiar’s conviction. I have also Regulations with knowledge or reason
to know that the item will be, or is knowingly conspiring and agreeing with
decided to revoke all licenses issued other persons to knowingly and
pursuant to the Act or Regulations in intended to be, exported from the
United States; or willfully export, and cause to be
which Makasiar had an interest at the exported, from the United States to
time of his conviction. E. Engage in any transaction to service
Mexico defense articles designated on
Accordingly, it is hereby ordered: any item subject to the Regulations that
the United States Munitions List,
First, from the date of this Order until has been or will be exported from the
namely, 5.56 caliber rifles, without the
June 30, 2025, Edwin Navarro Makasiar United States and which is owned,
required U.S. Department of State
II, with a last known address of Inmate possessed or controlled by the Denied
licenses.Jose Abraham Benavides-Cira
Number: 47704–424, D. Ray James Person, or service any item, of whatever
was sentenced to 135 months in prison
Correctional Institution, P.O. Box 2000, origin, that is owned, possessed or
and a $200 assessment.
Folkston, GA 31437, and when acting controlled by the Denied Person if such Section 766.25 of the Export
for or on his behalf, his successors, service involves the use of any item Administration Regulations (‘‘EAR’’ or
assigns, employees, agents or subject to the Regulations that has been ‘‘Regulations’’) 1 provides, in pertinent
representatives (the ‘‘Denied Person’’), or will be exported from the United part, that ‘‘[t]he Director of the Office of
may not, directly or indirectly, States. For purposes of this paragraph, Exporter Services, in consultation with
participate in any way in any servicing means installation, the Director of the Office of Export
transaction involving any commodity, maintenance, repair, modification or Enforcement, may deny the export
software or technology (hereinafter testing. privileges of any person who has been
collectively referred to as ‘‘item’’) Third, after notice and opportunity for convicted of a violation of the EAA
exported or to be exported from the comment as provided in Section 766.23 [Export Administration Act], the EAR,
United States that is subject to the of the Regulations, any other person, or any order, license, or authorization
Regulations, including, but not limited firm, corporation, or business issued thereunder; any regulation,
to: organization related to Makasiar by license or order issued under the
A. Applying for, obtaining, or using ownership, control, position of International Emergency Economic
any license, license exception, or export responsibility, affiliation, or other Powers Act (50 U.S.C. 1701–1706); 18
control document; connection in the conduct of trade or U.S.C. 793, 794 or 798; section 4(b) of
B. Carrying on negotiations business may also be made subject to the Internal Security Act of 1950 (50
concerning, or ordering, buying, the provisions of this Order in order to U.S.C. 783(b)); or section 38 of the Arms
receiving, using, selling, delivering, prevent evasion of this Order. Export Control Act (22 U.S.C. 2778).’’ 15
storing, disposing of, forwarding,
Fourth, in accordance with Part 756 of CFR 766.25(a); see also Section 11(h) of
transporting, financing, or otherwise
the Regulations, Makasiar may file an the EAA, 50 U.S.C. 4610(h). The denial
servicing in any way, any transaction
appeal of this Order with the Under of export privileges under this provision
involving any item exported or to be
Secretary of Commerce for Industry and may be for a period of up to 10 years
exported from the United States that is
Security. The appeal must be filed from the date of the conviction. 15 CFR
subject to the Regulations, or engaging
within 45 days from the date of this 766.25(d); see also 50 U.S.C. 4610(h). In
in any other activity subject to the
Order and must comply with the addition, Section 750.8 of the
Regulations; or
C. Benefitting in any way from any provisions of Part 756 of the Regulations states that the Bureau of
transaction involving any item exported Regulations.
1 The Regulations are currently codified in the
or to be exported from the United States Fifth, a copy of this Order shall be
Code of Federal Regulations at 15 CFR parts 730–
that is subject to the Regulations, or delivered to Makasiar, and shall be 774 (2016). The Regulations issued pursuant to the
from any other activity subject to the published in the Federal Register. Export Administration Act (50 U.S.C. 4601–4623
Regulations. Sixth, this Order is effective (Supp. III 2015) (available at http://
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
sradovich on DSK3GMQ082PROD with NOTICES

Second, no person may, directly or immediately and shall remain in effect August 21, 2001, the Act has been in lapse and the
indirectly, do any of the following: until June 30, 2025. President, through Executive Order 13222 of August
A. Export or reexport to or on behalf 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
Dated: June 27, 2017.
of the Denied Person any item subject to has been extended by successive Presidential
the Regulations; Karen H. Nies-Vogel, Notices, the most recent being that of August 4,
Director, Office of Exporter Services. 2016 (81 FR 52,587 (Aug. 8, 2016)), has continued
B. Take any action that facilitates the the Regulations in effect under the International
acquisition or attempted acquisition by [FR Doc. 2017–13971 Filed 6–30–17; 8:45 am] Emergency Economic Powers Act (50 U.S.C. 1701,
the Denied Person of the ownership, BILLING CODE P et seq. (2012)).

VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\03JYN1.SGM 03JYN1
Document Created: 2018-11-14 10:19:27
Document Modified: 2018-11-14 10:19:27
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 30831
82 FR 30831 - Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 126 (July 3, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
