82 FR 61536 - In the Matter of: Joseph Esequiel-Gonzalez, Inmate Number: 04655-479, FCI Bastrop Federal Correctional Institution, P.O. Box 1010, Bastrop, TX 78602; Order Denying Export Privileges
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 82, Issue 248 (December 28, 2017)
Bureau of Industry and Security
Federal Register Volume 82, Issue 248 (December 28, 2017)
| Page Range | 61536-61537 | |
| FR Document | 2017-28006 |
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)] [Notices] [Pages 61536-61537] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-28006] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Joseph Esequiel-Gonzalez, Inmate Number: 04655- 479, FCI Bastrop Federal Correctional Institution, P.O. Box 1010, Bastrop, TX 78602; Order Denying Export Privileges On August 30, 2016, in the U.S. District Court for the Southern District of Texas, Joseph Esequiel-Gonzalez (``Esequiel-Gonzalez'') was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Esequiel-Gonzalez was convicted of knowingly and willfully exporting, attempting to export, and causing to be exported from the United States to Mexico a .380 caliber pistol, which was designated as a defense article on the United States Munitions List, without the required U.S. Department of State license. Esequiel-Gonzalez was sentenced to 55 months in prison, three years of supervised release, and a special assessment of $100. 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. --------------------------------------------------------------------------- \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 Esequiel-Gonzalez's conviction for violating Section 38 of the AECA, and has provided notice and an opportunity for Esequiel-Gonzalez to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Esequiel-Gonzalez. 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 Esequiel- [[Page 61537]] Gonzalez's export privileges under the Regulations for a period of 10 years from the date of Esequiel-Gonzalez's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Esequiel-Gonzalez had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until August 30, 2026, Joseph Esequiel-Gonzalez, with a last known address of Inmate Number 04655- 479, FCI Bastrop Federal Correctional Institution, P.O. Box 1010, Bastrop, TX 78602, and when acting for or on his behalf, his successors, assigns, employees, agents or representatives (``the Denied Person''), may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ``item'') exported or to be exported from the United States that is subject to the Regulations, including, but not limited to: A. Applying for, obtaining, or using any license, license exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or engaging in any other activity subject to the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or from any other activity subject to the Regulations. Second, no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any other person, firm, corporation, or business organization related to Esequiel-Gonzalez 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, Esequiel- Gonzalez 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 Esequiel-Gonzalez and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until August 30, 2026. Issued this 19th day of December 2017. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2017-28006 Filed 12-27-17; 8:45 am] BILLING CODE P
![61536 Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices
information under the provisions of the new housing units. Government a defense article on the United States
Paperwork Reduction Act. agencies use these statistics to evaluate Munitions List, without the required
Agency: U.S. Census Bureau. economic policy, measure progress U.S. Department of State license.
Title: Survey of Housing Starts, Sales towards the national housing goal, make Esequiel-Gonzalez was sentenced to 55
& Completions. policy decisions, and formulate months in prison, three years of
OMB Control Number: 0607–0110. legislation. For example, the Board of supervised release, and a special
Form Number(s): SOC–Q1/SF.1, SCO– Governors of the Federal Reserve assessment of $100.
Q1/MF.1. System uses data from this survey to Section 766.25 of the Export
Type of Request: Revision of a evaluate the effect of interest rates in Administration Regulations (‘‘EAR’’ or
currently approved collection. this interest-rate sensitive area of the ‘‘Regulations’’) 1 provides, in pertinent
Number of Respondents: 19,440. economy. The Bureau of Economic part, that ‘‘[t]he Director of the Office of
Average Hours per Response: 5 Exporter Services, in consultation with
Analysis uses the data in developing the
minutes. the Director of the Office of Export
Burden Hours: 150,066. Gross Domestic Product (GDP). The
private sector uses the information for Enforcement, may deny the export
Needs and Uses: The U.S. Census privileges of any person who has been
Bureau is requesting a revision and estimating the demand for building
materials and the many products used convicted of a violation of the EAA
extension of the currently approved [Export Administration Act], the EAR,
collection for the Survey of Housing in new housing and to schedule
production, distribution, and sales or any order, license, or authorization
Starts, Sales, and Completions, issued thereunder; any regulation,
otherwise known as the Survey of efforts. The financial community uses
the data to estimate the demand for license or order issued under the
Construction (SOC). Government International Emergency Economic
agencies and private companies use short-term (construction loans) and
long-term (mortgages) borrowing. Powers Act (50 U.S.C. 1701–1706); 18
statistics from SOC to monitor and U.S.C. 793, 794 or 798; section 4(b) of
Affected Public: Individuals;
evaluate the large and dynamic housing the Internal Security Act of 1950 (50
Businesses.
construction industry. Data for two U.S.C. 783(b)); or section 38 of the Arms
Frequency: Monthly.
Principal Federal Economic Indicators Respondent’s Obligation: Voluntary. Export Control Act (22 U.S.C. 2778).’’ 15
are produced from the SOC: New Legal Authority: Title 13, United CFR 766.25(a); see also Section 11(h) of
Residential Construction (housing starts States Code, Sections 131 and 182. the EAA, 50 U.S.C. 4610(h). The denial
and housing completions) and New This information collection request of export privileges under this provision
Residential Sales. In addition, a number may be viewed at www.reginfo.gov. may be for a period of up to 10 years
of other statistical series are produced, Follow the instructions to view from the date of the conviction. 15 CFR
including extensive information on the Department of Commerce collections 766.25(d); see also 50 U.S.C. 4610(h). In
physical characteristics of new currently under review by OMB. addition, Section 750.8 of the
residential buildings, and indexes Written comments and Regulations states that the Bureau of
measuring rates of inflation in the price recommendations for the proposed Industry and Security’s Office of
of new buildings. The collection of data information collection should be sent Exporter Services may revoke any
on housing units sold and completed within 30 days of publication of this Bureau of Industry and Security (‘‘BIS’’)
and physical characteristics is funded notice to OIRA_Submission@ licenses previously issued pursuant to
by the Department of Housing and omb.eop.gov or fax to (202) 395–5806. the Export Administration Act (‘‘EAA’’
Urban Development (HUD) via a or ‘‘the Act’’) or the Regulations in
reimbursable agreement with the Census Sheleen Dumas,
which the person had an interest at the
Bureau. HUD uses data on housing Departmental PRA Lead, Office of the Chief time of his/her conviction.
market conditions to inform its policies. Information Officer. BIS has received notice of Esequiel-
These statistics are based on a sample of [FR Doc. 2017–28021 Filed 12–27–17; 8:45 am] Gonzalez’s conviction for violating
residential buildings in permit-issuing BILLING CODE 3510–07–P Section 38 of the AECA, and has
places and a road canvass in a sample provided notice and an opportunity for
of land areas not covered by building Esequiel-Gonzalez to make a written
permit systems. DEPARTMENT OF COMMERCE submission to BIS, as provided in
The respondents are homebuilders, Section 766.25 of the Regulations. BIS
real estate agents, rental agents, or new Bureau of Industry and Security
has not received a submission from
homeowners of sampled residential In the Matter of: Joseph Esequiel- Esequiel-Gonzalez.
buildings. Field Representatives contact Gonzalez, Inmate Number: 04655–479, Based upon my review and
respondents multiple times based on the FCI Bastrop Federal Correctional consultations with BIS’s Office of
number of projects in the sample and Institution, P.O. Box 1010, Bastrop, TX Export Enforcement, including its
the number of months required to 78602; Order Denying Export Director, and the facts available to BIS,
complete the project (usually about 8 Privileges I have decided to deny Esequiel-
months).
After discussions with HUD and other On August 30, 2016, in the U.S. 1 The Regulations are currently codified in the
key data users, we identified one new District Court for the Southern District Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the
data item on ceiling height to be added of Texas, Joseph Esequiel-Gonzalez Export Administration Act (50 U.S.C. 4601–4623
to the single-family questionnaire. (‘‘Esequiel-Gonzalez’’) was convicted of (Supp. III 2015) (available at http://
The Census Bureau uses the violating Section 38 of the Arms Export
sradovich on DSK3GMQ082PROD with NOTICES
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
information collected in the SOC to Control Act (22 U.S.C. 2778 (2012)) August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
publish estimates of the number of new (‘‘AECA’’). Specifically, Esequiel- 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
residential housing units started, under Gonzalez was convicted of knowingly has been extended by successive Presidential
construction, completed, and the and willfully exporting, attempting to Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
number of new houses sold and for sale. export, and causing to be exported from the Regulations in effect under the International
The Census Bureau also publishes many the United States to Mexico a .380 Emergency Economic Powers Act (50 U.S.C. 1701,
financial and physical characteristics of caliber pistol, which was designated as et seq. (2012)).
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![Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices 61537
Gonzalez’s export privileges under the D. Obtain from the Denied Person in Perry was convicted of knowingly and
Regulations for a period of 10 years from the United States any item subject to the willfully exporting or causing to be
the date of Esequiel-Gonzalez’s Regulations with knowledge or reason exported from the United States to the
conviction. I have also decided to to know that the item will be, or is United Kingdom defense articles on the
revoke all licenses issued pursuant to intended to be, exported from the United States Munitions List, without
the Act or Regulations in which United States; or the required U.S. Department of State
Esequiel-Gonzalez had an interest at the E. Engage in any transaction to service licenses, including, inter alia, a D–760
time of his conviction. any item subject to the Regulations that night vision scope, a PAS–13 thermal
Accordingly, it is hereby ordered: has been or will be exported from the scope, a PAS–23 mini-thermal scope,
First, from the date of this Order until United States and which is owned, and a PVS–15 night vision binocular.
August 30, 2026, Joseph Esequiel- possessed or controlled by the Denied Perry was sentenced to one day in
Gonzalez, with a last known address of Person, or service any item, of whatever prison, one year of supervised release,
Inmate Number 04655–479, FCI Bastrop origin, that is owned, possessed or and a special assessment of $500.
Federal Correctional Institution, P.O. controlled by the Denied Person if such Section 766.25 of the Export
Box 1010, Bastrop, TX 78602, and when service involves the use of any item Administration Regulations (‘‘EAR’’ or
acting for or on his behalf, his 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 Esequiel- license or order issued under the
to: Gonzalez by ownership, control, International Emergency Economic
A. Applying for, obtaining, or using position of responsibility, affiliation, or Powers Act (50 U.S.C. 1701–1706); 18
any license, license exception, or export other connection in the conduct of trade U.S.C. 793, 794 or 798; section 4(b) of
control document; or business may also be made subject to the Internal Security Act of 1950 (50
B. Carrying on negotiations the provisions of this Order in order to U.S.C. 783(b)); or section 38 of the Arms
concerning, or ordering, buying, prevent evasion of this Order. Export Control Act (22 U.S.C. 2778).’’ 15
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of CFR 766.25(a); see also Section 11(h) of
storing, disposing of, forwarding, the Regulations, Esequiel-Gonzalez may the EAA, 50 U.S.C. 4610(h). The denial
transporting, financing, or otherwise file an appeal of this Order with the of export privileges under this provision
servicing in any way, any transaction Under Secretary of Commerce for may be for a period of up to 10 years
involving any item exported or to be Industry and Security. The appeal must from the date of the conviction. 15 CFR
exported from the United States that is be filed within 45 days from the date of 766.25(d); see also 50 U.S.C. 4610(h). In
subject to the Regulations, or engaging this Order and must comply with the addition, Section 750.8 of the
in any other activity subject to the provisions of Part 756 of the Regulations states that the Bureau of
Regulations; or Regulations. Industry and Security’s Office of
C. Benefitting in any way from any Fifth, a copy of this Order shall be Exporter Services may revoke any
transaction involving any item exported delivered to Esequiel-Gonzalez and Bureau of Industry and Security (‘‘BIS’’)
or to be exported from the United States shall be published in the Federal licenses previously issued pursuant to
that is subject to the Regulations, or Register. the Export Administration Act (‘‘EAA’’
from any other activity subject to the Sixth, this Order is effective or ‘‘the Act’’) or the Regulations in
Regulations. immediately and shall remain in effect which the person had an interest at the
Second, no person may, directly or until August 30, 2026. time of his/her conviction.
indirectly, do any of the following: BIS has received notice of Perry’s
Issued this 19th day of December 2017.
A. Export or reexport to or on behalf conviction for violating Section 38 of
of the Denied Person any item subject to Karen H. Nies-Vogel, the AECA, and has provided notice and
the Regulations; Director, Office of Exporter Services. an opportunity for Perry to make a
B. Take any action that facilitates the [FR Doc. 2017–28006 Filed 12–27–17; 8:45 am] written submission to BIS, as provided
acquisition or attempted acquisition by BILLING CODE P in Section 766.25 of the Regulations.
the Denied Person of the ownership, BIS has not received a submission from
possession, or control of any item Perry.
subject to the Regulations that has been DEPARTMENT OF COMMERCE
or will be exported from the United 1 The Regulations are currently codified in the
States, including financing or other Bureau of Industry and Security Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the
support activities related to a In the Matter of: Hunter Perry, 173 Red Export Administration Act (50 U.S.C. 4601–4623
transaction whereby the Denied Person Hawk Drive, Vine Grove, KY 40175; (Supp. III 2015) (available at http://
sradovich on DSK3GMQ082PROD with NOTICES
acquires or attempts to acquire such Order Denying Export Privileges
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
ownership, possession or control; August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
C. Take any action to acquire from or On July 20, 2016, in the U.S. District 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
to facilitate the acquisition or attempted Court for the Western District of has been extended by successive Presidential
acquisition from the Denied Person of Kentucky, Hunter Perry (‘‘Perry’’) was Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
any item subject to the Regulations that convicted of violating Section 38 of the the Regulations in effect under the International
has been exported from the United Arms Export Control Act (22 U.S.C. Emergency Economic Powers Act (50 U.S.C. 1701,
States; 2778 (2012)) (‘‘AECA’’). Specifically, et seq. (2012)).
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Document Created: 2017-12-28 00:44:29
Document Modified: 2017-12-28 00:44:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 82 FR 61536 |
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