82 FR 39109 - In the Matter of: Ricardo Humberto Varela, Inmate Number: 85044-379, Federal Correctional Institution Bastrop, P.O. Box 1010, Bastrop, TX 78602
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 82, Issue 158 (August 17, 2017)
Bureau of Industry and Security
Federal Register Volume 82, Issue 158 (August 17, 2017)
| Page Range | 39109-39110 | |
| FR Document | 2017-17373 |
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)] [Notices] [Pages 39109-39110] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17373] [[Page 39109]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Ricardo Humberto Varela, Inmate Number: 85044- 379, Federal Correctional Institution Bastrop, P.O. Box 1010, Bastrop, TX 78602 Order Denying Export Privileges On February 8, 2016, in the U.S. District Court for the Southern District of Texas, Ricardo Humberto Varela (``Varela'') was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Varela was convicted of intentionally and knowingly conspiring and agreeing to knowingly and willfully export and cause to be exported from the United States to Mexico defense articles designated on the United States Munitions List, namely, 5.56 caliber rifles, without the required U.S. Department of State licenses. Varela was sentenced to 46 months in prison, three years of supervised release, 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'') in which the person had an interest at the time of his conviction. --------------------------------------------------------------------------- \1\ The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730-774 (2017). 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 Varela's conviction for violating the AECA, and has provided notice and an opportunity for Varela to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Varela. 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 Varela's export privileges under the Regulations for a period of five years from the date of Varela's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Varela had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until February 8, 2021, Ricardo Humberto Varela, with a last known address of Inmate Number: 85044-379, Federal Correctional Institution Bastrop, P.O. Box 1010, Bastrop, TX 78602, 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 Varela 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, Varela 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 Varela and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until February 8, 2021. [[Page 39110]] Issued: August 10, 2017. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2017-17373 Filed 8-16-17; 8:45 am] BILLING CODE P
![Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices 39109
DEPARTMENT OF COMMERCE Industry and Security’s Office of A. Export or reexport to or on behalf
Exporter Services may revoke any of the Denied Person any item subject to
Bureau of Industry and Security Bureau of Industry and Security (‘‘BIS’’) the Regulations;
licenses previously issued pursuant to B. Take any action that facilitates the
In the Matter of: Ricardo Humberto the Export Administration act (‘‘EAA’’ acquisition or attempted acquisition by
Varela, Inmate Number: 85044–379, or ‘‘the Act’’) in which the person had the Denied Person of the ownership,
Federal Correctional Institution an interest at the time of his conviction. possession or control of any item subject
Bastrop, P.O. Box 1010, Bastrop, TX
BIS has received notice of Varela’s to the Regulations that has been or will
78602
conviction for violating the AECA, and be exported from the United States,
Order Denying Export Privileges has provided notice and an opportunity including financing or other support
On February 8, 2016, in the U.S. for Varela to make a written submission activities related to a transaction
District Court for the Southern District to BIS, as provided in Section 766.25 of whereby the Denied Person acquires or
of Texas, Ricardo Humberto Varela the Regulations. BIS has not received a attempts to acquire such ownership,
(‘‘Varela’’) was convicted of violating submission from Varela. possession or control;
Section 38 of the Arms Export Control Based upon my review and C. Take any action to acquire from or
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). consultations with BIS’s Office of to facilitate the acquisition or attempted
Specifically, Varela was convicted of Export Enforcement, including its acquisition from the Denied Person of
intentionally and knowingly conspiring Director, and the facts available to BIS, any item subject to the Regulations that
and agreeing to knowingly and willfully I have decided to deny Varela’s export has been exported from the United
export and cause to be exported from privileges under the Regulations for a States;
the United States to Mexico defense period of five years from the date of D. Obtain from the Denied Person in
articles designated on the United States Varela’s conviction. I have also decided the United States any item subject to the
Munitions List, namely, 5.56 caliber to revoke all licenses issued pursuant to Regulations with knowledge or reason
rifles, without the required U.S. the Act or Regulations in which Varela to know that the item will be, or is
Department of State licenses. Varela was had an interest at the time of his intended to be, exported from the
sentenced to 46 months in prison, three conviction. United States; or
years of supervised release, and a $200 Accordingly, it is hereby ordered: E. Engage in any transaction to service
assessment. First, from the date of this Order until any item subject to the Regulations that
Section 766.25 of the Export February 8, 2021, Ricardo Humberto has been or will be exported from the
Administration Regulations (‘‘EAR’’ or Varela, with a last known address of United States and which is owned,
‘‘Regulations’’) 1 provides, in pertinent Inmate Number: 85044–379, Federal possessed or controlled by the Denied
part, that ‘‘[t]he Director of the Office of Correctional Institution Bastrop, P.O. Person, or service any item, of whatever
Exporter Services, in consultation with Box 1010, Bastrop, TX 78602, and when origin, that is owned, possessed or
the Director of the Office of Export acting for or on his behalf, his controlled by the Denied Person if such
Enforcement, may deny the export successors, assigns, employees, agents service involves the use of any item
privileges of any person who has been or representatives (the ‘‘Denied subject to the Regulations that has been
convicted of a violation of the EAA Person’’), may not, directly or indirectly, or will be exported from the United
[Export Administration Act], the EAR, participate in any way in any States. For purposes of this paragraph,
or any order, license, or authorization transaction involving any commodity, servicing means installation,
issued thereunder; any regulation, software or technology (hereinafter maintenance, repair, modification or
license or order issued under the collectively referred to as ‘‘item’’) testing.
International Emergency Economic
exported or to be exported from the Third, after notice and opportunity for
Powers Act (50 U.S.C. 1701–1706); 18
United States that is subject to the comment as provided in Section 766.23
U.S.C. 793, 794 or 798; section 4(b) of
Regulations, including, but not limited of the Regulations, any other person,
the Internal Security Act of 1950 (50
to: firm, corporation, or business
U.S.C. 783(b)); or section 38 of the Arms
Export Control Act (22 U.S.C. 2778).’’ 15 A. Applying for, obtaining, or using organization related to Varela by
CFR 766.25(a); see also Section 11(h) of any license, license exception, or export ownership, control, position of
the EAA, 50 U.S.C. 4610(h). The denial control document; responsibility, affiliation, or other
of export privileges under this provision B. Carrying on negotiations connection in the conduct of trade or
may be for a period of up to 10 years concerning, or ordering, buying, business may also be made subject to
from the date of the conviction. 15 CFR receiving, using, selling, delivering, the provisions of this Order in order to
766.25(d); see also 50 U.S.C. 4610(h). In storing, disposing of, forwarding, prevent evasion of this Order.
addition, Section 750.8 of the transporting, financing, or otherwise Fourth, in accordance with Part 756 of
Regulations states that the Bureau of servicing in any way, any transaction the Regulations, Varela may file an
involving any item exported or to be appeal of this Order with the Under
1 The Regulations are currently codified in the exported from the United States that is Secretary of Commerce for Industry and
Code of Federal Regulations at 15 CFR parts 730– subject to the Regulations, or engaging Security. The appeal must be filed
774 (2017). The Regulations issued pursuant to the in any other activity subject to the within 45 days from the date of this
Export Administration Act (50 U.S.C. 4601–4623
(Supp. III 2015) (available at http:// Regulations; or Order and must comply with the
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since C. Benefitting in any way from any provisions of Part 756 of the
sradovich on DSK3GMQ082PROD with NOTICES
August 21, 2001, the Act has been in lapse and the transaction involving any item exported Regulations.
President, through Executive Order 13222 of August
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which or to be exported from the United States Fifth, a copy of this Order shall be
has been extended by successive Presidential that is subject to the Regulations, or delivered to Varela and shall be
Notices, the most recent being that of August 4, from any other activity subject to the published in the Federal Register.
2016 (81 FR 52,587 (Aug. 8, 2016)), has continued Regulations.
the Regulations in effect under the International
Sixth, this Order is effective
Emergency Economic Powers Act (50 U.S.C. 1701, Second, no person may, directly or immediately and shall remain in effect
et seq. (2012)). indirectly, do any of the following: until February 8, 2021.
VerDate Sep<11>2014 19:44 Aug 16, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1](https://thefederalregister.org/doc/82_FR_39267/page/1.svg)
![39110 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices
Issued: August 10, 2017. the EAA, 50 U.S.C. 4610(h). The denial in any other activity subject to the
Karen H. Nies-Vogel, of export privileges under this provision Regulations; or
Director, Office of Exporter Services. may be for a period of up to 10 years C. Benefitting in any way from any
[FR Doc. 2017–17373 Filed 8–16–17; 8:45 am] from the date of the conviction. 15 CFR transaction involving any item exported
BILLING CODE P 766.25(d); see also 50 U.S.C. 4610(h). In or to be exported from the United States
addition, Section 750.8 of the that is subject to the Regulations, or
Regulations states that the Bureau of from any other activity subject to the
DEPARTMENT OF COMMERCE Industry and Security’s Office of Regulations.
Exporter Services may revoke any Second, no person may, directly or
Bureau of Industry and Security Bureau of Industry and Security (‘‘BIS’’) indirectly, do any of the following:
licenses previously issued pursuant to A. Export or reexport to or on behalf
In the Matter of: Jose Luis Benavides- the Export Administration Act (‘‘EAA’’ of the Denied Person any item subject to
Cira, Inmate Number: 85055–379, Great or ‘‘the Act’’) or the Regulations in the Regulations;
Plains Correctional Institution, P.O. which the person had an interest at the B. Take any action that facilitates the
Box 400, Hinton, OK 73047 time of his conviction. acquisition or attempted acquisition by
BIS has received notice of Jose Luis the Denied Person of the ownership,
Order Denying Export Privileges possession, or control of any item
On November 30, 2015, in the U.S. Benavides-Cira’s conviction for
violating Section 38 of the AECA, and subject to the Regulations that has been
District Court for the Southern District or will be exported from the United
of Texas, Jose Luis Benavides-Cira was has provided notice and an opportunity
for Jose Luis Benavides-Cira to make a States, including financing or other
convicted of violating Section 38 of the support activities related to a
Arms Export Control Act (22 U.S.C. written submission to BIS, as provided
in Section 766.25 of the Regulations. transaction whereby the Denied Person
2778 (2012)) (‘‘AECA’’). Specifically, acquires or attempts to acquire such
Jose Luis Benavides-Cira was convicted BIS has not received a submission from
Jose Luis Benavides-Cira. ownership, possession or control;
of intentionally and knowingly C. Take any action to acquire from or
conspiring and agreeing with other Based upon my review and to facilitate the acquisition or attempted
persons to knowingly and willfully consultations with BIS’s Office of acquisition from the Denied Person of
export, and cause to be exported, from Export Enforcement, including its any item subject to the Regulations that
the United States to Mexico defense Director, and the facts available to BIS, has been exported from the United
articles designated on the United States I have decided to deny Jose Luis States;
Munitions List, namely, 5.56 caliber Benavides-Cira’s export privileges under D. Obtain from the Denied Person in
rifles, without the required U.S. the Regulations for a period of five years the United States any item subject to the
Department of State licenses. Jose Luis from the date of Jose Luis Benavides- Regulations with knowledge or reason
Benavides-Cira was sentenced to 46 Cira’s conviction. I have also decided to to know that the item will be, or is
months in prison and a $100 revoke all licenses issued pursuant to intended to be, exported from the
assessment. the Act or Regulations in which Jose United States; or
Section 766.25 of the Export Luis Benavides-Cira had an interest at E. Engage in any transaction to service
Administration Regulations (‘‘EAR’’ or the time of his conviction. any item subject to the Regulations that
‘‘Regulations’’) 1 provides, in pertinent Accordingly, it is hereby ordered: has been or will be exported from the
part, that ‘‘[t]he Director of the Office of First, from the date of this Order until United States and which is owned,
Exporter Services, in consultation with November 30, 2020, Jose Luis possessed or controlled by the Denied
the Director of the Office of Export Benavides-Cira, with a last known Person, or service any item, of whatever
Enforcement, may deny the export address of Inmate Number: 85055–379, origin, that is owned, possessed or
privileges of any person who has been Great Plains Correctional Institution, controlled by the Denied Person if such
convicted of a violation of the EAA P.O. Box 400, Hinton, OK 73047, and service involves the use of any item
[Export Administration Act], the EAR, when acting for or on his behalf, his subject to the Regulations that has been
or any order, license, or authorization successors, assigns, employees, agents or will be exported from the United
issued thereunder; any regulation, or representatives (‘‘the Denied States. For purposes of this paragraph,
license or order issued under the Person’’), may not, directly or indirectly, servicing means installation,
International Emergency Economic participate in any way in any maintenance, repair, modification or
Powers Act (50 U.S.C. 1701–1706); 18 transaction involving any commodity, testing.
U.S.C. 793, 794 or 798; section 4(b) of software or technology (hereinafter Third, after notice and opportunity for
the Internal Security Act of 1950 (50 collectively referred to as ‘‘item’’) comment as provided in Section 766.23
U.S.C. 783(b)); or section 38 of the Arms exported or to be exported from the of the Regulations, any other person,
Export Control Act (22 U.S.C. 2778).’’ 15 United States that is subject to the firm, corporation, or business
CFR 766.25(a); see also Section 11(h) of Regulations, including, but not limited organization related to Jose Luis
to: Benavides-Cira by ownership, control,
1 The Regulations are currently codified in the
A. Applying for, obtaining, or using position of responsibility, affiliation, or
Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the
any license, license exception, or export other connection in the conduct of trade
Export Administration Act (50 U.S.C. 4601–4623 control document; or business may also be made subject to
(Supp. III 2015) (available at http:// B. Carrying on negotiations the provisions of this Order in order to
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since concerning, or ordering, buying,
sradovich on DSK3GMQ082PROD with NOTICES
prevent evasion of this Order.
August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which storing, disposing of, forwarding, the Regulations, Jose Luis Benavides-
has been extended by successive Presidential transporting, financing, or otherwise Cira may file an appeal of this Order
Notices, the most recent being that of August 4, servicing in any way, any transaction with the Under Secretary of Commerce
2016 (81 FR 52,587 (Aug. 8, 2016)), has continued
the Regulations in effect under the International
involving any item exported or to be for Industry and Security. The appeal
Emergency Economic Powers Act (50 U.S.C. 1701, exported from the United States that is must be filed within 45 days from the
et seq. (2012)). subject to the Regulations, or engaging date of this Order and must comply
VerDate Sep<11>2014 19:44 Aug 16, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1](https://thefederalregister.org/doc/82_FR_39267/page/2.svg)
Document Created: 2017-08-17 01:42:26
Document Modified: 2017-08-17 01:42:26
| 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 39109 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR