82 FR 48796 - In the Matter of: Rodrigo Chico-Rodriguez, Inmate Number: 69032-179, Reeves III Correctional Institution, Box 2038, Pecos, TX 79772; 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 | 48796-48797 | |
| FR Document | 2017-22826 |
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)] [Notices] [Pages 48796-48797] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22826] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Rodrigo Chico-Rodriguez, Inmate Number: 69032- 179, Reeves III Correctional Institution, Box 2038, Pecos, TX 79772; Order Denying Export Privileges On April 18, 2016, in the U.S. District Court for the Southern District of Texas, Rodrigo Chico-Rodriguez (``Chico-Rodriguez'') was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Chico-Rodriguez was convicted of intentionally and knowingly conspiring to export, attempt to export, and cause to be exported from the United States to Mexico defense articles designated on the United States Munitions List, namely two rifles, a pistol and 312 rounds of ammunition, without the required U.S. Department of State license. Chico-Rodriguez was sentenced to 60 months in prison and a special assessment of $200. 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 [[Page 48797]] 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 pursuant to 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 Chico-Rodriguez's conviction for violating Section 38 of the AECA, and has provided notice and an opportunity for Chico-Rodriguez to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Chico-Rodriguez. 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 Chico-Rodriguez's export privileges under the Regulations for a period of 10 years from the date of Chico-Rodriguez's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Chico-Rodriguez had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until April 18, 2026, Rodrigo Chico-Rodriguez, with a last known address of Inmate Number: 69032-179, Reeves III Correctional Institution, P.O. Box 2038, Pecos, TX 79772, 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 Chico-Rodriguez 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, Chico- Rodriguez 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 Chico-Rodriguez, and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until April 18, 2026. Issued this 16th day of October 2017. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2017-22826 Filed 10-19-17; 8:45 am] BILLING CODE P
![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_48998/page/1.svg)
![Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 48797
U.S.C. 793, 794 or 798; section 4(b) of servicing in any way, any transaction Under Secretary of Commerce for
the Internal Security Act of 1950 (50 involving any item exported or to be Industry and Security. The appeal must
U.S.C. 783(b)); or section 38 of the Arms exported from the United States that is be filed within 45 days from the date of
Export Control Act (22 U.S.C. 2778).’’ 15 subject to the Regulations, or engaging this Order and must comply with the
CFR 766.25(a); see also Section 11(h) of in any other activity subject to the provisions of Part 756 of the
the EAA, 50 U.S.C. 4610(h). The denial Regulations; or Regulations.
of export privileges under this provision C. Benefitting in any way from any Fifth, a copy of this Order shall be
may be for a period of up to 10 years transaction involving any item exported delivered to Chico-Rodriguez, and shall
from the date of the conviction. 15 CFR or to be exported from the United States be published in the Federal Register.
766.25(d); see also 50 U.S.C. 4610(h). In that is subject to the Regulations, or Sixth, this Order is effective
addition, Section 750.8 of the from any other activity subject to the immediately and shall remain in effect
Regulations states that the Bureau of Regulations. until April 18, 2026.
Industry and Security’s Office of Second, no person may, directly or
Issued this 16th day of October 2017.
Exporter Services may revoke any indirectly, do any of the following:
A. Export or reexport to or on behalf Karen H. Nies-Vogel,
Bureau of Industry and Security (‘‘BIS’’)
of the Denied Person any item subject to Director, Office of Exporter Services.
licenses previously issued pursuant to
the Export Administration Act (‘‘EAA’’ the Regulations; [FR Doc. 2017–22826 Filed 10–19–17; 8:45 am]
or ‘‘the Act’’), or pursuant to the B. Take any action that facilitates the BILLING CODE P
Regulations, in which the person had an acquisition or attempted acquisition by
interest at the time of his/her the Denied Person of the ownership,
conviction. possession, or control of any item DEPARTMENT OF COMMERCE
BIS has received notice of Chico- subject to the Regulations that has been
Rodriguez’s conviction for violating or will be exported from the United International Trade Administration
Section 38 of the AECA, and has States, including financing or other [A–570–875]
provided notice and an opportunity for support activities related to a
Chico-Rodriguez to make a written transaction whereby the Denied Person Non-Malleable Cast Iron Pipe Fittings
submission to BIS, as provided in acquires or attempts to acquire such From the People’s Republic of China:
Section 766.25 of the Regulations. BIS ownership, possession or control; Notice of Rescission of Antidumping
has not received a submission from C. Take any action to acquire from or Duty Administrative Review; 2016–
Chico-Rodriguez. to facilitate the acquisition or attempted 2017
Based upon my review and acquisition from the Denied Person of
any item subject to the Regulations that AGENCY: Enforcement and Compliance,
consultations with BIS’s Office of
has been exported from the United International Trade Administration,
Export Enforcement, including its
Director, and the facts available to BIS, States; Department of Commerce.
I have decided to deny Chico- D. Obtain from the Denied Person in SUMMARY: The Department of Commerce
Rodriguez’s export privileges under the the United States any item subject to the (the Department) is rescinding its
Regulations for a period of 10 years from Regulations with knowledge or reason administrative review of non-malleable
the date of Chico-Rodriguez’s to know that the item will be, or is cast iron pipe fittings from the People’s
conviction. I have also decided to intended to be, exported from the Republic of China (PRC) for the period
revoke all licenses issued pursuant to United States; or or review (POR) April 1, 2016, through
the Act or Regulations in which Chico- E. Engage in any transaction to service March 31, 2017.
Rodriguez had an interest at the time of any item subject to the Regulations that DATES: Applicable October 20, 2017.
his conviction. has been or will be exported from the FOR FURTHER INFORMATION CONTACT:
Accordingly, it is hereby ordered: United States and which is owned, Maliha Khan or Karine Gziryan, AD/
First, from the date of this Order until possessed or controlled by the Denied CVD Operations, Office IV, Enforcement
April 18, 2026, Rodrigo Chico- Person, or service any item, of whatever and Compliance, International Trade
Rodriguez, with a last known address of origin, that is owned, possessed or Administration, U.S. Department of
Inmate Number: 69032–179, Reeves III controlled by the Denied Person if such Commerce, 1401 Constitution Avenue
Correctional Institution, P.O. Box 2038, service involves the use of any item NW., Washington, DC 20230; telephone:
Pecos, TX 79772, and when acting for or subject to the Regulations that has been (202) 482–0895 and (202) 482–4081,
on his behalf, his successors, assigns, or will be exported from the United respectively.
employees, agents or representatives States. For purposes of this paragraph,
SUPPLEMENTARY INFORMATION:
(‘‘the Denied Person’’), may not, directly servicing means installation,
or indirectly, participate in any way in maintenance, repair, modification or Background
any transaction involving any testing.
Third, after notice and opportunity for On April 3, 2017, the Department
commodity, software or technology
comment as provided in Section 766.23 published in the Federal Register a
(hereinafter collectively referred to as
of the Regulations, any other person, notice of ‘‘Opportunity to Request
‘‘item’’) exported or to be exported from
firm, corporation, or business Administrative Review’’ of the
the United States that is subject to the
organization related to Chico-Rodriguez antidumping duty order on non-
Regulations, including, but not limited
by ownership, control, position of malleable cast iron pipe fittings from the
to:
PRC for the above POR.1 On May 1,
srobinson on DSKBC5CHB2PROD with NOTICES
A. Applying for, obtaining, or using responsibility, affiliation, or other
any license, license exception, or export connection in the conduct of trade or 2017, in accordance with section 751(a)
control document; business may also be made subject to of the Tariff Act of 1930, as amended
B. Carrying on negotiations the provisions of this Order in order to (the Act), and 19 CFR 351.213(b), the
concerning, or ordering, buying, prevent evasion of this Order. 1 See Antidumping or Countervailing Duty Order,
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of Finding, or Suspended Investigation; Opportunity
storing, disposing of, forwarding, the Regulations, Chico-Rodriguez may to Request Administrative Review, 62 FR 16163
transporting, financing, or otherwise file an appeal of this Order with the (April 3, 2017).
VerDate Sep<11>2014 16:22 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1](https://thefederalregister.org/doc/82_FR_48998/page/2.svg)
Document Created: 2017-10-20 00:06:36
Document Modified: 2017-10-20 00:06:36
| 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 48796 |
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