82 FR 61538 - In the Matter of: Gerardo Trevino-Moncivais, Inmate Number: 13375-479, D. Ray James Correctional Institution, P.O. Box 2000, Folkston, GA 31537; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 248 (December 28, 2017)

Page Range		61538-61539
FR Document		2017-28003

Federal Register, Volume 82 Issue 248 (Thursday, December 28, 2017)

[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61538-61539]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28003]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Gerardo Trevino-Moncivais, Inmate Number: 
13375-479, D. Ray James Correctional Institution, P.O. Box 2000, 
Folkston, GA 31537; Order Denying Export Privileges

    On October 18, 2016, in the U.S. District Court for the Southern 
District of Texas, Gerardo Trevino-Moncivais (``Trevino-Moncivais'') 
was convicted of violating Section 38 of the Arms Export Control Act 
(22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Trevino-Moncivais was 
convicted of knowingly and willfully aiding and abetting the export, 
attempting to export, and causing to be exported from the United States 
to Mexico defense articles designated on the United States Munitions 
List, namely two .22 caliber rifles, a .223 caliber rifle, three .270 
caliber rifles, a .308 caliber rifle, a 7MM-08 caliber rifle, three .22 
caliber pistols, a .380 caliber pistol and approximately 1,570 rounds 
of ammunition of various calibers, without the required U.S. Department 
of State licenses. Trevino-Moncivais was sentenced to 36 months in 
prison 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

[[Page 61539]]

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 Trevino-Moncivais's conviction for 
violating Section 38 of the AECA, and has provided notice and an 
opportunity for Trevino-Moncivais to make a written submission to BIS, 
as provided in Section 766.25 of the Regulations. BIS has not received 
a submission from Trevino-Moncivais.
    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 Trevino-Moncivais's export privileges under the 
Regulations for a period of 10 years from the date of Trevino-
Moncivais's conviction. I have also decided to revoke all licenses 
issued pursuant to the Act or Regulations in which Trevino-Moncivais 
had an interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until October 18, 2026, Gerardo 
Trevino-Moncivais, with a last known address of Inmate Number 13375-
479, D. Ray James Correctional Institution, P.O. Box 2000, Folkston, GA 
31537, 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 Trevino-Moncivais 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, Trevino-
Moncivais 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 Trevino-Moncivais 
and shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until October 18, 2026.

    Issued this 19th day of December 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-28003 Filed 12-27-17; 8:45 am]
 BILLING CODE P

61538 Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices

Based upon my review and has been exported from the United (‘‘Trevino-Moncivais’’) was convicted of
consultations with BIS’s Office of States; violating Section 38 of the Arms Export
Export Enforcement, including its D. Obtain from the Denied Person in Control Act (22 U.S.C. 2778 (2012))
Director, and the facts available to BIS, the United States any item subject to the (‘‘AECA’’). Specifically, Trevino-
I have decided to deny Perry’s export Regulations with knowledge or reason Moncivais was convicted of knowingly
privileges under the Regulations for a to know that the item will be, or is and willfully aiding and abetting the
period of five years from the date of intended to be, exported from the export, attempting to export, and
Perry’s conviction. I have also decided United States; or causing to be exported from the United
to revoke all licenses issued pursuant to E. Engage in any transaction to service States to Mexico defense articles
the Act or Regulations in which Perry any item subject to the Regulations that designated on the United States
had an interest at the time of his has been or will be exported from the Munitions List, namely two .22 caliber
conviction. United States and which is owned, rifles, a .223 caliber rifle, three .270
Accordingly, it is hereby ordered: possessed or controlled by the Denied caliber rifles, a .308 caliber rifle, a
First, from the date of this Order until Person, or service any item, of whatever 7MM–08 caliber rifle, three .22 caliber
July 20, 2021, Hunter Perry, with a last origin, that is owned, possessed or pistols, a .380 caliber pistol and
known address of 173 Red Hawk Drive, controlled by the Denied Person if such approximately 1,570 rounds of
Vine Grove, KY 40175, and when acting service involves the use of any item ammunition of various calibers, without
for or on his behalf, his successors, subject to the Regulations that has been the required U.S. Department of State
assigns, employees, agents or or will be exported from the United licenses. Trevino-Moncivais was
representatives (‘‘the Denied Person’’), States. For purposes of this paragraph, sentenced to 36 months in prison and a
may not, directly or indirectly, servicing means installation, special assessment of $100.
participate in any way in any maintenance, repair, modification or
transaction involving any commodity, testing. Section 766.25 of the Export
software or technology (hereinafter Third, after notice and opportunity for Administration Regulations (‘‘EAR’’ or
collectively referred to as ‘‘item’’) comment as provided in Section 766.23 ‘‘Regulations’’) 1 provides, in pertinent
exported or to be exported from the of the Regulations, any other person, part, that ‘‘[t]he Director of the Office of
United States that is subject to the firm, corporation, or business Exporter Services, in consultation with
Regulations, including, but not limited organization related to Perry by the Director of the Office of Export
to: ownership, control, position of Enforcement, may deny the export
A. Applying for, obtaining, or using responsibility, affiliation, or other privileges of any person who has been
any license, license exception, or export connection in the conduct of trade or convicted of a violation of the EAA
control document; business may also be made subject to [Export Administration Act], the EAR,
B. Carrying on negotiations the provisions of this Order in order to or any order, license, or authorization
concerning, or ordering, buying, prevent evasion of this Order. issued thereunder; any regulation,
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of license or order issued under the
storing, disposing of, forwarding, the Regulations, Perry may file an International Emergency Economic
transporting, financing, or otherwise appeal of this Order with the Under Powers Act (50 U.S.C. 1701–1706); 18
servicing in any way, any transaction Secretary of Commerce for Industry and U.S.C. 793, 794 or 798; section 4(b) of
involving any item exported or to be Security. The appeal must be filed the Internal Security Act of 1950 (50
exported from the United States that is within 45 days from the date of this U.S.C. 783(b)); or section 38 of the Arms
subject to the Regulations, or engaging Order and must comply with the Export Control Act (22 U.S.C. 2778).’’ 15
in any other activity subject to the provisions of Part 756 of the CFR 766.25(a); see also Section 11(h) of
Regulations; or Regulations. the EAA, 50 U.S.C. 4610(h). The denial
C. Benefitting in any way from any Fifth, a copy of this Order shall be of export privileges under this provision
transaction involving any item exported delivered to Perry and shall be may be for a period of up to 10 years
or to be exported from the United States published in the Federal Register. from the date of the conviction. 15 CFR
that is subject to the Regulations, or Sixth, this Order is effective 766.25(d); see also 50 U.S.C. 4610(h). In
from any other activity subject to the immediately and shall remain in effect addition, Section 750.8 of the
Regulations. until July 20, 2021. Regulations states that the Bureau of
Second, no person may, directly or Issued this 19th day of December 2017. Industry and Security’s Office of
indirectly, do any of the following: Exporter Services may revoke any
Karen H. Nies-Vogel,
A. Export or reexport to or on behalf
Director, Office of Exporter Services. Bureau of Industry and Security (‘‘BIS’’)
of the Denied Person any item subject to
[FR Doc. 2017–28005 Filed 12–27–17; 8:45 am] licenses previously issued pursuant to
the Regulations;
B. Take any action that facilitates the BILLING CODE P
the Export Administration Act (‘‘EAA’’
acquisition or attempted acquisition by or ‘‘the Act’’) or the Regulations in
the Denied Person of the ownership,
possession, or control of any item DEPARTMENT OF COMMERCE 1 The Regulations are currently codified in the

Code of Federal Regulations at 15 CFR parts 730–
subject to the Regulations that has been 774 (2017). The Regulations issued pursuant to the
or will be exported from the United Bureau of Industry and Security
Export Administration Act (50 U.S.C. 4601–4623
States, including financing or other In the Matter of: Gerardo Trevino-
(Supp. III 2015) (available at http://
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
sradovich on DSK3GMQ082PROD with NOTICES

support activities related to a Moncivais, Inmate Number: 13375–479, August 21, 2001, the Act has been in lapse and the
transaction whereby the Denied Person D. Ray James Correctional Institution, President, through Executive Order 13222 of August
acquires or attempts to acquire such P.O. Box 2000, Folkston, GA 31537; 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
ownership, possession or control; Order Denying Export Privileges
has been extended by successive Presidential
C. Take any action to acquire from or Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
to facilitate the acquisition or attempted On October 18, 2016, in the U.S. the Regulations in effect under the International
acquisition from the Denied Person of District Court for the Southern District Emergency Economic Powers Act (50 U.S.C. 1701,
any item subject to the Regulations that of Texas, Gerardo Trevino-Moncivais et seq. (2012)).

VerDate Sep<11>2014 18:14 Dec 27, 2017 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\28DEN1.SGM 28DEN1

Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices 61539

which the person had an interest at the B. Take any action that facilitates the Issued this 19th day of December 2017.
time of his/her conviction. acquisition or attempted acquisition by Karen H. Nies-Vogel,
BIS has received notice of Trevino- the Denied Person of the ownership, Director, Office of Exporter Services.
Moncivais’s conviction for violating possession, or control of any item [FR Doc. 2017–28003 Filed 12–27–17; 8:45 am]
Section 38 of the AECA, and has subject to the Regulations that has been BILLING CODE P
provided notice and an opportunity for or will be exported from the United
Trevino-Moncivais to make a written States, including financing or other
submission to BIS, as provided in support activities related to a DEPARTMENT OF COMMERCE
Section 766.25 of the Regulations. BIS transaction whereby the Denied Person
has not received a submission from acquires or attempts to acquire such Bureau of Industry and Security
Trevino-Moncivais. ownership, possession or control;
Based upon my review and In the Matter of: Papa Faal, 6308
C. Take any action to acquire from or Decatur Avenue North, Brooklyn Park,
consultations with BIS’s Office of
to facilitate the acquisition or attempted MN 55428; Order Denying Export
Export Enforcement, including its
acquisition from the Denied Person of Privileges
Director, and the facts available to BIS,
any item subject to the Regulations that
I have decided to deny Trevino- On May 12, 2016, in the U.S. District
has been exported from the United
Moncivais’s export privileges under the Court for the District of Minnesota, Papa
States;
Regulations for a period of 10 years from Faal (‘‘Faal’’) was convicted of violating
the date of Trevino-Moncivais’s D. Obtain from the Denied Person in Section 38 of the Arms Export Control
conviction. I have also decided to the United States any item subject to the Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
revoke all licenses issued pursuant to Regulations with knowledge or reason Specifically, Faal was convicted of
the Act or Regulations in which to know that the item will be, or is knowingly and willfully conspiring to
Trevino-Moncivais had an interest at the intended to be, exported from the export from the United States to Gambia
time of his conviction. United States; or semi-automatic rifles designated as
Accordingly, it is hereby ordered: E. Engage in any transaction to service defense articles on the United States
First, from the date of this Order until any item subject to the Regulations that Munitions List, without the required
October 18, 2026, Gerardo Trevino- has been or will be exported from the U.S. Department of State licenses. Faal
Moncivais, with a last known address of United States and which is owned, was sentenced to time served, three
Inmate Number 13375–479, D. Ray possessed or controlled by the Denied years of supervised release, and a $200
James Correctional Institution, P.O. Box Person, or service any item, of whatever assessment.
2000, Folkston, GA 31537, and when origin, that is owned, possessed or Section 766.25 of the Export
acting for or on his behalf, his controlled by the Denied Person if such Administration Regulations (‘‘EAR’’ or
successors, assigns, employees, agents ‘‘Regulations’’) 1 provides, in pertinent
service involves the use of any item
or representatives (‘‘the Denied part, that ‘‘[t]he Director of the Office of
subject to the Regulations that has been
Person’’), may not, directly or indirectly, Exporter Services, in consultation with
or will be exported from the United
participate in any way in any the Director of the Office of Export
States. For purposes of this paragraph,
transaction involving any commodity, Enforcement, may deny the export
servicing means installation,
software or technology (hereinafter privileges of any person who has been
maintenance, repair, modification or convicted of a violation of the EAA
collectively referred to as ‘‘item’’)
testing. [Export Administration Act], the EAR,
exported or to be exported from the
United States that is subject to the Third, after notice and opportunity for or any order, license, or authorization
Regulations, including, but not limited comment as provided in Section 766.23 issued thereunder; any regulation,
to: of the Regulations, any other person, license or order issued under the
A. Applying for, obtaining, or using firm, corporation, or business International Emergency Economic
any license, license exception, or export organization related to Trevino- Powers Act (50 U.S.C. 1701–1706); 18
control document; Moncivais by ownership, control, U.S.C. 793, 794 or 798; section 4(b) of
B. Carrying on negotiations position of responsibility, affiliation, or the Internal Security Act of 1950 (50
concerning, or ordering, buying, other connection in the conduct of trade U.S.C. 783(b)); or section 38 of the Arms
receiving, using, selling, delivering, or business may also be made subject to Export Control Act (22 U.S.C. 2778).’’ 15
storing, disposing of, forwarding, the provisions of this Order in order to CFR 766.25(a); see also Section 11(h) of
transporting, financing, or otherwise prevent evasion of this Order. the EAA, 50 U.S.C. 4610(h). The denial
servicing in any way, any transaction Fourth, in accordance with Part 756 of of export privileges under this provision
involving any item exported or to be the Regulations, Trevino-Moncivais may may be for a period of up to 10 years
exported from the United States that is file an appeal of this Order with the from the date of the conviction. 15 CFR
subject to the Regulations, or engaging Under Secretary of Commerce for 766.25(d); see also 50 U.S.C. 4610(h). In
in any other activity subject to the Industry and Security. The appeal must
Regulations; or be filed within 45 days from the date of
1 The Regulations are currently codified in the

Code of Federal Regulations at 15 CFR parts 730–
C. Benefitting in any way from any this Order and must comply with the 774 (2017). The Regulations issued pursuant to the
transaction involving any item exported provisions of Part 756 of the Export Administration Act (50 U.S.C. 4601–4623
or to be exported from the United States Regulations. (Supp. III 2015) (available at http://
that is subject to the Regulations, or uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
sradovich on DSK3GMQ082PROD with NOTICES

from any other activity subject to the Fifth, a copy of this Order shall be August 21, 2001, the Act has been in lapse and the
delivered to Trevino-Moncivais and President, through Executive Order 13222 of August
Regulations. 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
Second, no person may, directly or shall be published in the Federal has been extended by successive Presidential
indirectly, do any of the following: Register. Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
A. Export or reexport to or on behalf Sixth, this Order is effective the Regulations in effect under the International
of the Denied Person any item subject to immediately and shall remain in effect Emergency Economic Powers Act (50 U.S.C. 1701,
the Regulations; until October 18, 2026. et seq. (2012)).

VerDate Sep<11>2014 18:14 Dec 27, 2017 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\28DEN1.SGM 28DEN1

Document Created: 2017-12-28 00:44:22
Document Modified: 2017-12-28 00:44:22

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 61538

82 FR 61538 - In the Matter of: Gerardo Trevino-Moncivais, Inmate Number: 13375-479, D. Ray James Correctional Institution, P.O. Box 2000, Folkston, GA 31537; Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 248 (December 28, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security