82 FR 39110 - In the Matter of: Jose Luis Benavides-Cira, Inmate Number: 85055-379, Great Plains Correctional Institution, P.O. Box 400, Hinton, OK 73047
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 | 39110-39111 | |
| FR Document | 2017-17374 |
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)] [Notices] [Pages 39110-39111] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17374] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Jose Luis Benavides-Cira, Inmate Number: 85055- 379, Great Plains Correctional Institution, P.O. Box 400, Hinton, OK 73047 Order Denying Export Privileges On November 30, 2015, in the U.S. District Court for the Southern District of Texas, Jose Luis Benavides-Cira was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Jose Luis Benavides-Cira was convicted of intentionally and knowingly conspiring and agreeing with other persons 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. Jose Luis Benavides-Cira was sentenced to 46 months in prison 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 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 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 Jose Luis Benavides-Cira's conviction for violating Section 38 of the AECA, and has provided notice and an opportunity for Jose Luis Benavides-Cira to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Jose Luis Benavides-Cira. 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 Jose Luis Benavides-Cira's export privileges under the Regulations for a period of five years from the date of Jose Luis Benavides-Cira's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Jose Luis Benavides- Cira had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until November 30, 2020, Jose Luis Benavides-Cira, with a last known address of Inmate Number: 85055- 379, Great Plains Correctional Institution, P.O. Box 400, Hinton, OK 73047, 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 Jose Luis Benavides-Cira 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, Jose Luis Benavides-Cira 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 [[Page 39111]] with the provisions of Part 756 of the Regulations. Fifth, a copy of this Order shall be delivered to Jose Luis Benavides-Cira, and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until November 30, 2020. Issued: August 10, 2017. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2017-17374 Filed 8-16-17; 8:45 am] BILLING CODE P
![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
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![Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices 39111
with the provisions of Part 756 of the administrative review of this after the date of publication of this
Regulations. antidumping duty order.2 On March 24, notice in the Federal Register.
Fifth, a copy of this Order shall be 2017, Topray Solar timely withdrew its
Notification to Importers
delivered to Jose Luis Benavides-Cira, request for an administrative review.3
and shall be published in the Federal On April 10, 2017, the Department This notice serves as the only
Register. published in the Federal Register a reminder to importers of their
Sixth, this Order is effective notice of initiation 4 of an administrative responsibility, under 19 CFR
immediately and shall remain in effect review with respect to 27 companies. 351.402(f)(2), to file a certificate
until November 30, 2020. Because Topray Solar timely withdrew regarding the reimbursement of
its request for an administrative review antidumping duties prior to liquidation
Issued: August 10, 2017.
before the Department published its of the relevant entries during this
Karen H. Nies-Vogel, review period. Failure to comply with
initiation notice, the Department did not
Director, Office of Exporter Services. this requirement may result in the
initiate an administrative review with
[FR Doc. 2017–17374 Filed 8–16–17; 8:45 am]
respect to Topray Solar. On May 11, presumption that reimbursement of
BILLING CODE P
2017, the petitioner timely withdrew its antidumping duties occurred and the
request for an administrative review of subsequent assessment of double
all 27 companies for which it had antidumping duties.
DEPARTMENT OF COMMERCE
requested a review.5 Notification Regarding Administrative
International Trade Administration Rescission of Administrative Review Protective Orders
[A–570–010] Pursuant to 19 CFR 351.213(d)(1), the This notice serves as the only
Department will rescind an reminder to parties subject to
Certain Crystalline Silicon Photovoltaic administrative review, in whole or in administrative protective order (APO) of
Products From the People’s Republic part, if the parties that requested a their responsibility concerning the
of China: Rescission of Antidumping review withdraw the request within 90 disposition of proprietary information
Duty Administrative Review days of the date of publication of the disclosed under APO in accordance
notice of initiation of the requested with 19 CFR 351.305(a)(3). Timely
AGENCY: Enforcement and Compliance, written notification of the return or
International Trade Administration, review. Topray Solar and the petitioner
withdrew their requests for review by destruction of APO materials or
Department of Commerce. conversion to judicial protective order is
the 90-day deadline, and no other
SUMMARY: The Department of Commerce hereby requested. Failure to comply
parties requested an administrative
(the Department) is rescinding its with the regulations and the terms of an
review of this order. Therefore, we are
administrative review of the APO is a sanctionable violation.
rescinding the administrative review of
antidumping duty order on certain This notice is published in
the antidumping duty order on certain
crystalline silicon photovoltaic products accordance with section 777(i)(1) of the
crystalline silicon photovoltaic products
from the People’s Republic of China Act, and 19 CFR 351.213(d)(4).
from the PRC covering the period
(PRC) covering the period February 1, Dated: August 9, 2017.
February 1, 2016 to January 31, 2017.
2016, through January 31, 2017. James Maeder,
DATES: Applicable August 17, 2017. Assessment
Senior Director performing the duties of
FOR FURTHER INFORMATION CONTACT: The Department will instruct U.S. Deputy Assistant Secretary for Antidumping
Aleksandras Nakutis, AD/CVD Customs and Border Protection (CBP) to and Countervailing Duty Operations.
Operations, Office IV, Enforcement & assess antidumping duties on all [FR Doc. 2017–17361 Filed 8–16–17; 8:45 a.m.]
Compliance, International Trade appropriate entries. Antidumping duties BILLING CODE 3510–DS–P
Administration, Department of shall be assessed at an amount equal to
Commerce, 1401 Constitution Avenue the cash deposit of estimated
NW., Washington, DC 20230; telephone: antidumping duties required at the time DEPARTMENT OF EDUCATION
(202) 482–3147. of entry, or withdrawal from warehouse,
SUPPLEMENTARY INFORMATION: for consumption, in accordance with 19 Annual Notice of Variable Interest
CFR 351.212(c)(1)(i). The Department Rates of Federal Student Loans Made
Background intends to issue appropriate assessment Under the Federal Family Education
On February 8, 2017, the Department instructions directly to CBP 15 days Loan Program Prior to July 1, 2010
published in the Federal Register a AGENCY: Federal Student Aid,
2 See Letter from Topray Solar, regarding
notice of opportunity to request an Department of Education (ED).
‘‘Crystalline Silicon Photovoltaic Products from the
administrative review of the People’s Republic of China Request for ACTION: Notice.
antidumping duty order on certain Administrative Review,’’ dated February 27, 2017;
crystalline silicon photovoltaic products see also Letter from the petitioner, regarding SUMMARY: The Chief Operating Officer
from the PRC.1 The Department ‘‘Certain Crystalline Silicon Photovoltaic Products for Federal Student Aid announces the
from the People’s Republic of China: Request for
received a timely request from Administrative Review,’’ dated February 28, 2017. variable interest rates for the period July
Shenzhen Topray Solar Co., Ltd. 3 See Letter from Topray Solar, regarding 1, 2017, through June 30, 2018, for
(Topray Solar) and SolarWorld ‘‘Crystalline Silicon Photovoltaic Products form the certain loans made under the Federal
Americas, Inc. (the petitioner), in People’s Republic of China Withdrawal of Request Family Education Loan (FFEL) Program.
sradovich on DSK3GMQ082PROD with NOTICES
accordance with section 751(a) of the for Administrative Review,’’ dated March 24, 2017.
4 See Initiation of Antidumping and
The Chief Operating Officer takes this
Tariff Act of 1930, as amended (the Act), Countervailing Duty Administrative Reviews, 82 FR action to give notice of FFEL Program
and 19 CFR 351.213(b), to conduct an 17188 (April 10, 2017). loan variable interest rates to the public.
5 See Letter from the petitioner, regarding
DATES: This notice is applicable August
1 See Antidumping or Countervailing Duty Order, ‘‘Certain Crystalline Silicon Photovoltaic Products 17, 2017.
Finding, or Suspend Investigation; Opportunity To from the People’s Republic of China: Withdrawal of
Request Administrative Review, 82 FR 9709 Administrative Review Request,’’ dated May 11, FOR FURTHER INFORMATION CONTACT:
(February 8, 2017). 2017. Rene Tiongquico, U.S. Department of
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Document Created: 2017-08-17 01:42:56
Document Modified: 2017-08-17 01:42:56
| 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 39110 |
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