82_FR_48994 82 FR 48792 - In the Matter of: Adrian Manuel Hernandez, 3037 S. 69th Drive, Phoenix, AZ 85043; Order Denying Export Privileges

82 FR 48792 - In the Matter of: Adrian Manuel Hernandez, 3037 S. 69th Drive, Phoenix, AZ 85043; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 202 (October 20, 2017)

Page Range48792-48793
FR Document2017-22828

Federal Register, Volume 82 Issue 202 (Friday, October 20, 2017) 
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48792-48793]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22828]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Adrian Manuel Hernandez, 3037 S. 69th Drive, 
Phoenix, AZ 85043; Order Denying Export Privileges

    On October 13, 2015, in the U.S. District Court for the District of 
Arizona, Adrian Manuel Hernandez (``Hernandez'') was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Specifically, Hernandez was convicted of knowingly 
and willfully exporting, aiding and abetting the export of, and causing 
to be exported from the United States to Mexico one or more firearms 
designated as defense articles on the United States Munition List, 
without the required U.S. Department of State licenses. Hernandez was 
sentenced to five years of probation 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/her 
conviction.
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    \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 15, 2017 (82 FR 39005 (Aug. 16, 2017)), has continued the 
Regulations in effect under the International Emergency Economic 
Powers Act (50 U.S.C. 1701, et seq. (2012)).
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    BIS has received notice of Hernandez's conviction for violating 
Section 38 of the AECA, and has provided notice and an opportunity for 
Hernandez to make a written submission to BIS, as provided in Section 
766.25 of the Regulations. BIS

[[Page 48793]]

has not received a submission from Hernandez.
    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 Hernandez's export privileges under the 
Regulations for a period of five years from the date of Hernandez's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Hernandez had an interest at the 
time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until October 13, 2020, Adrian 
Manuel Hernandez, with a last known address of 3037 S. 69th Drive, 
Phoenix, AZ 85043, 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 Hernandez 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, Hernandez 
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 Hernandez, and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until October 13, 2020.

    Issued this 16th day of October 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-22828 Filed 10-19-17; 8:45 am]
 BILLING CODE P

48792 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices Dated: October 17, 2017. Review Board. The Performance Review (‘‘Hernandez’’) was convicted of Joan M. Nagielski, Board is responsible for (1) reviewing violating Section 38 of the Arms Export Human Resources Specialist, Office of performance appraisals and ratings of Control Act (22 U.S.C. 2778 (2012)) Employment and Compensation, Department Senior Executive Service (SES) and (‘‘AECA’’). Specifically, Hernandez was of Commerce Human Resources Operations Senior Level (SL) members and (2) convicted of knowingly and willfully Center, Office of Human Resources making recommendations to the exporting, aiding and abetting the Management, Office of the Secretary, appointing authority on other export of, and causing to be exported Department of Commerce. Performance management issues, such from the United States to Mexico one or [FR Doc. 2017–22791 Filed 10–19–17; 8:45 am] as pay adjustments, bonuses and more firearms designated as defense BILLING CODE 3510–25–P Presidential Rank Awards for SES and articles on the United States Munition SL members. The Appointment of these List, without the required U.S. members to the Performance Review Department of State licenses. Hernandez DEPARTMENT OF COMMERCE Board will be for a period of twenty-four was sentenced to five years of probation (24) months. and a $100 assessment. Economic Development Administration Section 766.25 of the Export Dates: The name, position title, and type of appointment of each member of Administration Regulations (‘‘EAR’’ or National Telecommunications and ‘‘Regulations’’) 1 provides, in pertinent the Performance Review Board are set Information Administration part, that ‘‘[t]he Director of the Office of forth below: 1. Department of Commerce, Bureau of Exporter Services, in consultation with Bureau of Industry and Security the Director of the Office of Export Industry and Security (BIS), Carol Rose, Chief Financial Officer and Enforcement, may deny the export Membership of the Performance Director of Administration, Career privileges of any person who has been Review Board for EDA, NTIA and BIS SES convicted of a violation of the EAA AGENCY: EDA, NTIA and BIS, 2. Department of Commerce, National [Export Administration Act], the EAR, Department of Commerce. Telecommunications and or any order, license, or authorization ACTION: Notice of Membership on the Information Administration (NTIA), issued thereunder; any regulation, EDA, NTIA and BIS’s Performance Paige Atkins, Associate license or order issued under the Review Board. Administrator for Spectrum International Emergency Economic Management, Career SES Powers Act (50 U.S.C. 1701–1706); 18 SUMMARY: The EDA, NTIA and BIS, 3. Department of Commerce, Economic U.S.C. 793, 794 or 798; section 4(b) of Department of Commerce (DOC), Development Agency (EDA), the Internal Security Act of 1950 (50 announce the appointment of those Gregory Brown, Chief Financial U.S.C. 783(b)); or section 38 of the Arms individuals who have been selected to Officer and Chief Administrative Export Control Act (22 U.S.C. 2778).’’ 15 serve as members of the Performance Officer, Career SES CFR 766.25(a); see also Section 11(h) of Review Board. The Performance Review 4. Department of Commerce, National the EAA, 50 U.S.C. 4610(h). The denial Board is responsible for (1) reviewing Telecommunications and of export privileges under this provision performance appraisals and ratings of Information Administration (NTIA), may be for a period of up to 10 years Senior Executive Service (SES) members Frank Freeman, Chief from the date of the conviction. 15 CFR and Senior Level (SL) members and (2) Administrative Officer, First 766.25(d); see also 50 U.S.C. 4610(h). In making recommendations to the Responder Network Authority, addition, Section 750.8 of the appointing authority on other Career SES Regulations states that the Bureau of performance management issues, such 5. Department of Commerce, Minority Industry and Security’s Office of as pay adjustments, bonuses and Business Development Agency Exporter Services may revoke any Presidential Rank Awards for SES and (MBDA), Christopher Garcia, Bureau of Industry and Security (‘‘BIS’’) SL members. The appointment of these Deputy Director, Noncareer SES licenses previously issued pursuant to members to the Performance Review the Export Administration Act (‘‘EAA’’ Dated: October 17, 2017. Board will be for a period of twenty-four or ‘‘the Act’’) or the Regulations in Joan M. Nagielski, which the person had an interest at the (24) months. Human Resources Specialist, Office of time of his/her conviction. DATES: The period of appointment for Employment and Compensation, Department BIS has received notice of those individuals selected for EDA, of Commerce Human Resources Operations Hernandez’s conviction for violating NTIA and BIS’s Performance Review Center, Office of Human Resources Section 38 of the AECA, and has Board begins on October 20, 2017. Management, Office of the Secretary, Department of Commerce. provided notice and an opportunity for FOR FURTHER INFORMATION CONTACT: Joan Hernandez to make a written Nagielski, U.S. Department of [FR Doc. 2017–22792 Filed 10–19–17; 8:45 am] submission to BIS, as provided in Commerce, Office of Human Resources BILLING CODE 3510–25–P Section 766.25 of the Regulations. BIS Management, Department of Commerce Human Resources Operations Center, 1 The Regulations are currently codified in the Office of Employment and DEPARTMENT OF COMMERCE Code of Federal Regulations at 15 CFR parts 730– Compensation, 14th and Constitution 774 (2017). The Regulations issued pursuant to the Avenue NW., Room 50013, Washington, Bureau of Industry and Security Export Administration Act (50 U.S.C. 4601–4623 (Supp. III 2015) (available at http:// DC 20230, at (202)482–6342. srobinson on DSKBC5CHB2PROD with NOTICES In the Matter of: Adrian Manuel uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since SUPPLEMENTARY INFORMATION: In August 21, 2001, the Act has been in lapse and the Hernandez, 3037 S. 69th Drive, President, through Executive Order 13222 of August accordance with 5 U.S.C. 4314(c)(4), the Phoenix, AZ 85043; Order Denying 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which EDA, NTIA and BIS, Department of Export Privileges has been extended by successive Presidential Commerce (DOC), announce the Notices, the most recent being that of August 15, 2017 (82 FR 39005 (Aug. 16, 2017)), has continued appointment of those individuals who On October 13, 2015, in the U.S. the Regulations in effect under the International have been selected to serve as members District Court for the District of Arizona, Emergency Economic Powers Act (50 U.S.C. 1701, of EDA, NTIA and BIS’s Performance Adrian Manuel Hernandez et seq. (2012)). VerDate Sep<11>2014 16:22 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1

Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 48793 has not received a submission from acquisition from the Denied Person of DEPARTMENT OF COMMERCE Hernandez. any item subject to the Regulations that Based upon my review and has been exported from the United Bureau of Industry and Security consultations with BIS’s Office of States; Export Enforcement, including its In the Matter of: Jimmy Rojas, a/k/a D. Obtain from the Denied Person in Jim Rojas, Currently Incarcerated at: Director, and the facts available to BIS, I have decided to deny Hernandez’s the United States any item subject to the Inmate Number: 49932–018, FCI Miami, export privileges under the Regulations Regulations with knowledge or reason P.O. Box 779800, Miami, FL 33177, and for a period of five years from the date to know that the item will be, or is With a Prior Known Address at: 8002 of Hernandez’s conviction. I have also intended to be, exported from the Cornwall Lane, Tampa, FL 33615; decided to revoke all licenses issued United States; or Order Denying Export Privileges pursuant to the Act or Regulations in E. Engage in any transaction to service On September 8, 2016, in the U.S. which Hernandez had an interest at the any item subject to the Regulations that District Court, Middle District of time of his conviction. has been or will be exported from the Florida, Jimmy Rojas, a/k/a Jim Rojas Accordingly, it is hereby ordered: United States and which is owned, (‘‘Rojas’’) was convicted of violating First, from the date of this Order until possessed or controlled by the Denied Section 38 of the Arms Export Control October 13, 2020, Adrian Manuel Person, or service any item, of whatever Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Hernandez, with a last known address origin, that is owned, possessed or Specifically, Rojas was convicted of of 3037 S. 69th Drive, Phoenix, AZ knowingly and willfully attempting to controlled by the Denied Person if such 85043, and when acting for or on his export from the United States to Jordan service involves the use of any item behalf, his successors, assigns, a 6015/PVS14 Series ITT Monocular subject to the Regulations that has been employees, agents or representatives Night Vision device and a Trijicon (‘‘the Denied Person’’), may not, directly or will be exported from the United States. For purposes of this paragraph, Advanced Combat Optical Gunsight or indirectly, participate in any way in (ACOG) Rifle Scope, both designated as any transaction involving any servicing means installation, maintenance, repair, modification or defense articles on the United States commodity, software or technology Munitions List, without the required (hereinafter collectively referred to as testing. U.S. Department of State licenses. Rojas ‘‘item’’) exported or to be exported from Third, after notice and opportunity for was sentenced to 30 months in prison, the United States that is subject to the comment as provided in Section 766.23 36 months of supervised release, a $100 Regulations, including, but not limited of the Regulations, any other person, assessment, and ordered to pay to: firm, corporation, or business $372,505.14 in restitution to the United A. Applying for, obtaining, or using organization related to Hernandez by States Postal Service. any license, license exception, or export ownership, control, position of Section 766.25 of the Export control document; responsibility, affiliation, or other Administration Regulations (‘‘EAR’’ or B. Carrying on negotiations connection in the conduct of trade or ‘‘Regulations’’) 1 provides, in pertinent concerning, or ordering, buying, business may also be made subject to part, that ‘‘[t]he Director of the Office of receiving, using, selling, delivering, the provisions of this Order in order to Exporter Services, in consultation with storing, disposing of, forwarding, prevent evasion of this Order. the Director of the Office of Export transporting, financing, or otherwise Enforcement, may deny the export servicing in any way, any transaction Fourth, in accordance with Part 756 of privileges of any person who has been involving any item exported or to be the Regulations, Hernandez may file an convicted of a violation of the EAA exported from the United States that is appeal of this Order with the Under [Export Administration Act], the EAR, subject to the Regulations, or engaging Secretary of Commerce for Industry and or any order, license, or authorization in any other activity subject to the Security. The appeal must be filed issued thereunder; any regulation, Regulations; or within 45 days from the date of this license or order issued under the C. Benefitting in any way from any Order and must comply with the International Emergency Economic transaction involving any item exported provisions of Part 756 of the Powers Act (50 U.S.C. 1701–1706); 18 or to be exported from the United States Regulations. U.S.C. 793, 794 or 798; section 4(b) of that is subject to the Regulations, or Fifth, a copy of this Order shall be the Internal Security Act of 1950 (50 from any other activity subject to the delivered to Hernandez, and shall be U.S.C. 783(b)); or section 38 of the Arms Regulations. Second, no person may, directly or published in the Federal Register. Export Control Act (22 U.S.C. 2778).’’ 15 indirectly, do any of the following: CFR 766.25(a); see also Section 11(h) of Sixth, this Order is effective A. Export or reexport to or on behalf the EAA, 50 U.S.C. 4610(h). The denial immediately and shall remain in effect of export privileges under this provision of the Denied Person any item subject to until October 13, 2020. the Regulations; may be for a period of up to 10 years B. Take any action that facilitates the Issued this 16th day of October 2017. 1 The Regulations are currently codified in the acquisition or attempted acquisition by Karen H. Nies-Vogel, Code of Federal Regulations at 15 CFR parts 730– the Denied Person of the ownership, Director, Office of Exporter Services. 774 (2017). The Regulations issued pursuant to the possession, or control of any item [FR Doc. 2017–22828 Filed 10–19–17; 8:45 am] Export Administration Act (50 U.S.C. 4601–4623 subject to the Regulations that has been BILLING CODE P (Supp. III 2015) (available at http:// uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since srobinson on DSKBC5CHB2PROD with NOTICES or will be exported from the United August 21, 2001, the Act has been in lapse and the States, including financing or other President, through Executive Order 13222 of August support activities related to a 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which transaction whereby the Denied Person has been extended by successive Presidential acquires or attempts to acquire such Notices, the most recent being that of August 15, 2017 (82 FR 39005 (Aug. 16, 2017)), has continued ownership, possession or control; the Regulations in effect under the International C. Take any action to acquire from or Emergency Economic Powers Act (50 U.S.C. 1701, to facilitate the acquisition or attempted et seq. (2012)). VerDate Sep<11>2014 16:22 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1


Document Created: 2017-10-20 00:06:32
Document Modified: 2017-10-20 00:06:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 48792 
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