82 FR 48795 - In the Matter of: Marleen Rochin, 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)
Bureau of Industry and Security
Federal Register Volume 82, Issue 202 (October 20, 2017)
| Page Range | 48795-48796 | |
| FR Document | 2017-22827 |
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)] [Notices] [Pages 48795-48796] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22827] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Marleen Rochin, 3037 S. 69th Drive, Phoenix, AZ 85043; Order Denying Export Privileges On November 16, 2015, in the U.S. District Court for the District of Arizona, Marleen Rochin (``Rochin'') was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Rochin 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. Rochin 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 [[Page 48796]] 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. --------------------------------------------------------------------------- \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)). --------------------------------------------------------------------------- BIS has received notice of Rochin's conviction for violating Section 38 of the AECA, and has provided notice and an opportunity for Rochin to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Rochin. 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 Rochin's export privileges under the Regulations for a period of five years from the date of Rochin's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Rochin had an interest at the time of her conviction. Accordingly, it is hereby ordered: First, from the date of this Order until November 16, 2020, Marleen Rochin, with a last known address of 3037 S. 69th Drive, Phoenix, AZ 85043, and when acting for or on her behalf, her 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 Rochin 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, Rochin 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 Rochin, and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until November 16, 2020. Issued this 16th day of October 2017. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2017-22827 Filed 10-19-17; 8:45 am] BILLING CODE P
![Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 48795
the Internal Security Act of 1950 (50 in any other activity subject to the comply with the provisions of Part 756
U.S.C. 783(b)); or section 38 of the Arms Regulations; or of the Regulations.
Export Control Act (22 U.S.C. 2778).’’ 15 C. Benefitting in any way from any Fifth, a copy of this Order shall be
CFR 766.25(a); see also Section 11(h) of transaction involving any item exported delivered to Leff, and shall be published
the EAA, 50 U.S.C. 4610(h). The denial or to be exported from the United States in the Federal Register.
of export privileges under this provision that is subject to the Regulations, or Sixth, this Order is effective
may be for a period of up to 10 years from any other activity subject to the immediately and shall remain in effect
from the date of the conviction. 15 CFR Regulations. until January 6, 2026.
766.25(d); see also 50 U.S.C. 4610(h). In Second, no person may, directly or Issued this 16th day of October 2017.
addition, Section 750.8 of the indirectly, do any of the following: Karen H. Nies-Vogel,
Regulations states that the Bureau of A. Export or reexport to or on behalf Director, Office of Exporter Services.
Industry and Security’s Office of of the Denied Person any item subject to [FR Doc. 2017–22821 Filed 10–19–17; 8:45 am]
Exporter Services may revoke any the Regulations; BILLING CODE P
Bureau of Industry and Security (‘‘BIS’’) B. Take any action that facilitates the
licenses previously issued pursuant to acquisition or attempted acquisition by
the Export Administration Act (‘‘EAA’’ the Denied Person of the ownership, DEPARTMENT OF COMMERCE
or ‘‘the Act’’) or the Regulations in possession, or control of any item
which the person had an interest at the subject to the Regulations that has been Bureau of Industry and Security
time of his/her conviction. or will be exported from the United
BIS has received notice of Leff’s States, including financing or other In the Matter of: Marleen Rochin, 3037
conviction for violating Section 38 of support activities related to a S. 69th Drive, Phoenix, AZ 85043;
the AECA, and has provided notice and transaction whereby the Denied Person Order Denying Export Privileges
an opportunity for Leff to make a acquires or attempts to acquire such
On November 16, 2015, in the U.S.
written submission to BIS, as provided ownership, possession or control;
District Court for the District of Arizona,
in Section 766.25 of the Regulations. C. Take any action to acquire from or
Marleen Rochin (‘‘Rochin’’) was
BIS has not received a submission from to facilitate the acquisition or attempted convicted of violating Section 38 of the
Leff. acquisition from the Denied Person of Arms Export Control Act (22 U.S.C.
Based upon my review and any item subject to the Regulations that 2778 (2012)) (‘‘AECA’’). Specifically,
consultations with BIS’s Office of has been exported from the United Rochin was convicted of knowingly and
Export Enforcement, including its States; willfully exporting, aiding and abetting
Director, and the facts available to BIS, D. Obtain from the Denied Person in the export of, and causing to be
I have decided to deny Leff’s export the United States any item subject to the exported from the United States to
privileges under the Regulations for a Regulations with knowledge or reason Mexico one or more firearms designated
period of 10 years from the date of Leff’s to know that the item will be, or is as defense articles on the United States
conviction. I have also decided to intended to be, exported from the Munition List, without the required U.S.
revoke all licenses issued pursuant to United States; or Department of State licenses. Rochin
the Act or Regulations in which Leff had E. Engage in any transaction to service was sentenced to five years of probation
an interest at the time of his conviction. any item subject to the Regulations that and a $100 assessment.
Accordingly, it is hereby ordered: has been or will be exported from the Section 766.25 of the Export
First, from the date of this Order until United States and which is owned, Administration Regulations (‘‘EAR’’ or
January 6, 2026, Martin Jan Leff, with possessed or controlled by the Denied ‘‘Regulations’’ ) 1 provides, in pertinent
last known addresses of 3708 Ascot Person, or service any item, of whatever part, that ‘‘[t]he Director of the Office of
Bend Ct., Bonita Springs, FL 34134 and origin, that is owned, possessed or Exporter Services, in consultation with
4100 Spring Street, #303, Spring Park, controlled by the Denied Person if such the Director of the Office of Export
MN 55384, and when acting for or on service involves the use of any item Enforcement, may deny the export
his behalf, his successors, assigns, subject to the Regulations that has been privileges of any person who has been
employees, agents or representatives or will be exported from the United convicted of a violation of the EAA
(‘‘the Denied Person’’), may not, directly States. For purposes of this paragraph, [Export Administration Act], the EAR,
or indirectly, participate in any way in servicing means installation, or any order, license, or authorization
any transaction involving any maintenance, repair, modification or issued thereunder; any regulation,
commodity, software or technology testing. license or order issued under the
(hereinafter collectively referred to as Third, after notice and opportunity for International Emergency Economic
‘‘item’’) exported or to be exported from comment as provided in Section 766.23 Powers Act (50 U.S.C. 1701–1706); 18
the United States that is subject to the of the Regulations, any other person, U.S.C. 793, 794 or 798; section 4(b) of
Regulations, including, but not limited firm, corporation, or business the Internal Security Act of 1950 (50
to: organization related to Leff by
A. Applying for, obtaining, or using ownership, control, position of 1 The Regulations are currently codified in the
any license, license exception, or export responsibility, affiliation, or other Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the
control document; connection in the conduct of trade or Export Administration Act (50 U.S.C. 4601–4623
B. Carrying on negotiations business may also be made subject to (Supp. III 2015) (available at http://
concerning, or ordering, buying, the provisions of this Order in order to
srobinson on DSKBC5CHB2PROD with NOTICES
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
receiving, using, selling, delivering, prevent evasion of this Order. August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
storing, disposing of, forwarding, Fourth, in accordance with Part 756 of 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
transporting, financing, or otherwise the Regulations, Leff may file an appeal has been extended by successive Presidential
servicing in any way, any transaction of this Order with the Under Secretary Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
involving any item exported or to be of Commerce for Industry and Security. the Regulations in effect under the International
exported from the United States that is The appeal must be filed within 45 days Emergency Economic Powers Act (50 U.S.C. 1701,
subject to the Regulations, or engaging from the date of this Order and must et seq. (2012)).
VerDate Sep<11>2014 16:22 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1](https://thefederalregister.org/doc/82_FR_48997/page/1.svg)
![48796 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices
U.S.C. 783(b)); or section 38 of the Arms C. Benefitting in any way from any Fifth, a copy of this Order shall be
Export Control Act (22 U.S.C. 2778).’’ 15 transaction involving any item exported delivered to Rochin, and shall be
CFR 766.25(a); see also Section 11(h) of or to be exported from the United States published in the Federal Register.
the EAA, 50 U.S.C. 4610(h). The denial that is subject to the Regulations, or Sixth, this Order is effective
of export privileges under this provision from any other activity subject to the immediately and shall remain in effect
may be for a period of up to 10 years Regulations. until November 16, 2020.
from the date of the conviction. 15 CFR Second, no person may, directly or Issued this 16th day of October 2017.
766.25(d); see also 50 U.S.C. 4610(h). In indirectly, do any of the following: Karen H. Nies-Vogel,
addition, Section 750.8 of the A. Export or reexport to or on behalf
Director, Office of Exporter Services.
Regulations states that the Bureau of of the Denied Person any item subject to
the Regulations; [FR Doc. 2017–22827 Filed 10–19–17; 8:45 am]
Industry and Security’s Office of
Exporter Services may revoke any B. Take any action that facilitates the BILLING CODE P
Bureau of Industry and Security (‘‘BIS’’) acquisition or attempted acquisition by
licenses previously issued pursuant to the Denied Person of the ownership,
possession, or control of any item DEPARTMENT OF COMMERCE
the Export Administration Act (‘‘EAA’’
or ‘‘the Act’’) or the Regulations in subject to the Regulations that has been
Bureau of Industry and Security
which the person had an interest at the or will be exported from the United
time of his/her conviction. States, including financing or other In the Matter of: Rodrigo Chico-
BIS has received notice of Rochin’s support activities related to a Rodriguez, Inmate Number: 69032–179,
conviction for violating Section 38 of transaction whereby the Denied Person Reeves III Correctional Institution, Box
the AECA, and has provided notice and acquires or attempts to acquire such 2038, Pecos, TX 79772; Order Denying
an opportunity for Rochin to make a ownership, possession or control; Export Privileges
written submission to BIS, as provided C. Take any action to acquire from or
in Section 766.25 of the Regulations. to facilitate the acquisition or attempted On April 18, 2016, in the U.S. District
BIS has not received a submission from acquisition from the Denied Person of Court for the Southern District of Texas,
Rochin. any item subject to the Regulations that Rodrigo Chico-Rodriguez (‘‘Chico-
Based upon my review and has been exported from the United Rodriguez’’) was convicted of violating
consultations with BIS’s Office of States; Section 38 of the Arms Export Control
Export Enforcement, including its D. Obtain from the Denied Person in Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Director, and the facts available to BIS, the United States any item subject to the Specifically, Chico-Rodriguez was
I have decided to deny Rochin’s export Regulations with knowledge or reason convicted of intentionally and
privileges under the Regulations for a to know that the item will be, or is knowingly conspiring to export, attempt
period of five years from the date of intended to be, exported from the to export, and cause to be exported from
Rochin’s conviction. I have also decided United States; or the United States to Mexico defense
to revoke all licenses issued pursuant to E. Engage in any transaction to service articles designated on the United States
the Act or Regulations in which Rochin any item subject to the Regulations that Munitions List, namely two rifles, a
had an interest at the time of her has been or will be exported from the pistol and 312 rounds of ammunition,
conviction. United States and which is owned, without the required U.S. Department of
Accordingly, it is hereby ordered: possessed or controlled by the Denied State license. Chico-Rodriguez was
First, from the date of this Order until Person, or service any item, of whatever sentenced to 60 months in prison and a
November 16, 2020, Marleen Rochin, origin, that is owned, possessed or special assessment of $200.
with a last known address of 3037 S. controlled by the Denied Person if such Section 766.25 of the Export
69th Drive, Phoenix, AZ 85043, and service involves the use of any item Administration Regulations (‘‘EAR’’ or
when acting for or on her behalf, her subject to the Regulations that has been ‘‘Regulations’’) 1 provides, in pertinent
successors, assigns, employees, agents or will be exported from the United part, that ‘‘[t]he Director of the Office of
or representatives (‘‘the Denied States. For purposes of this paragraph, Exporter Services, in consultation with
Person’’), may not, directly or indirectly, servicing means installation, the Director of the Office of Export
participate in any way in any maintenance, repair, modification or Enforcement, may deny the export
transaction involving any commodity, testing. privileges of any person who has been
software or technology (hereinafter Third, after notice and opportunity for convicted of a violation of the EAA
collectively referred to as ‘‘item’’) comment as provided in Section 766.23 [Export Administration Act], the EAR,
exported or to be exported from the of the Regulations, any other person, or any order, license, or authorization
United States that is subject to the firm, corporation, or business issued thereunder; any regulation,
Regulations, including, but not limited organization related to Rochin by license or order issued under the
to: ownership, control, position of International Emergency Economic
A. Applying for, obtaining, or using responsibility, affiliation, or other Powers Act (50 U.S.C. 1701–1706); 18
any license, license exception, or export connection in the conduct of trade or
1 The Regulations are currently codified in the
control document; business may also be made subject to
Code of Federal Regulations at 15 CFR parts 730–
B. Carrying on negotiations the provisions of this Order in order to 774 (2017). The Regulations issued pursuant to the
concerning, or ordering, buying, prevent evasion of this Order. Export Administration Act (50 U.S.C. 4601–4623
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of (Supp. III 2015) (available at http://
storing, disposing of, forwarding, the Regulations, Rochin may file an uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
srobinson on DSKBC5CHB2PROD with NOTICES
August 21, 2001, the Act has been in lapse and the
transporting, financing, or otherwise appeal of this Order with the Under President, through Executive Order 13222 of August
servicing in any way, any transaction Secretary of Commerce for Industry and 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
involving any item exported or to be Security. The appeal must be filed has been extended by successive Presidential
exported from the United States that is within 45 days from the date of this Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
subject to the Regulations, or engaging Order and must comply with the the Regulations in effect under the International
in any other activity subject to the provisions of Part 756 of the Emergency Economic Powers Act (50 U.S.C. 1701,
Regulations; or Regulations. et seq. (2012)).
VerDate Sep<11>2014 16:22 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1](https://thefederalregister.org/doc/82_FR_48997/page/2.svg)
Document Created: 2017-10-20 00:06:07
Document Modified: 2017-10-20 00:06:07
| 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 48795 |
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