83 FR 50071 - In the Matter of Erik Villasana, Inmate Number: 22762-479, FCI Bastrop, P.O. Box 1010, Bastrop, TX 78602; Order Denying Export Privileges
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 83, Issue 193 (October 4, 2018)
Bureau of Industry and Security
Federal Register Volume 83, Issue 193 (October 4, 2018)
| Page Range | 50071-50072 | |
| FR Document | 2018-21639 |
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)] [Notices] [Pages 50071-50072] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21639] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of Erik Villasana, Inmate Number: 22762-479, FCI Bastrop, P.O. Box 1010, Bastrop, TX 78602; Order Denying Export Privileges On November 16, 2017, in the U.S. District Court for the Southern District of Texas, Erik Villasana (``Villasana'') was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Villasana was convicted of knowingly exporting and attempting to export from the United States to Mexico firearms designated as defense articles on the United States Munitions List, without the required U.S. Department of State licenses. Villasana was sentenced to 63 months in prison, three years of supervised release, and an 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 . . . section 38 of the Arms Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a). 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). 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 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 (2018). The Regulations originally issued under the Export Administration Act of 1979, as amended, 50 U.S.C. 4601-4623 (Supp. III 2015) (``the EAA''), which lapsed on August 21, 2001. The President, through Executive Order 13,222 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 8, 2018 (83 FR 39,871 (Aug. 13, 2018)), continued the Regulations in full force and effect under the International Emergency Economic Powers Act, 50 U.S.C. 1701, et seq. (2012) (``IEEPA''). On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which includes the Export Control Reform Act of 2018, Title XVII, Subtitle B of Public Law 115-232 (``ECRA''). While Section 1766 of ECRA repeals the provisions of the EAA (except for three sections which are inapplicable here), Section 1768 of ECRA provides, in pertinent part, that all rules and regulations that were made or issued under the EAA, including as continued in effect pursuant to IEEPA, and were in effect as of ECRA's date of enactment (August 13, 2018), shall continue in effect according to their terms until modified, superseded, set aside, or revoked through action undertaken pursuant to the authority provided under ECRA. --------------------------------------------------------------------------- BIS has received notice of Villasana's conviction for violating Section 38 of the AECA, and has provided notice and an opportunity for Villasana to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Villasana. 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 Villasana's export privileges under the Regulations for a period of 10 years from the date of Villasana's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Villasana had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until November 16, 2027, Erik Villasana, with a last known address of Inmate Number: 22762-479, FCI Bastrop, 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, [[Page 50072]] firm, corporation, or business organization related to Villasana 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, Villasana 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 Villasana and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until November 16, 2027. Issued this September 27, 2018. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2018-21639 Filed 10-3-18; 8:45 am] BILLING CODE P
![Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices 50071
organization related to Martinez by part, that ‘‘[t]he Director of the Office of the United States that is subject to the
ownership, control, position of Exporter Services, in consultation with Regulations, including, but not limited
responsibility, affiliation, or other the Director of the Office of Export to:
connection in the conduct of trade or Enforcement, may deny the export A. Applying for, obtaining, or using
business may also be made subject to privileges of any person who has been any license, license exception, or export
the provisions of this Order in order to convicted of a violation of . . . section control document;
prevent evasion of this Order. 38 of the Arms Export Control Act (22 B. Carrying on negotiations
Fourth, in accordance with Part 756 of U.S.C. 2778).’’ 15 CFR 766.25(a). The concerning, or ordering, buying,
the Regulations, Martinez may file an denial of export privileges under this receiving, using, selling, delivering,
appeal of this Order with the Under provision may be for a period of up to storing, disposing of, forwarding,
Secretary of Commerce for Industry and 10 years from the date of the conviction. transporting, financing, or otherwise
Security. The appeal must be filed 15 CFR 766.25(d). In addition, Section servicing in any way, any transaction
within 45 days from the date of this 750.8 of the Regulations states that the involving any item exported or to be
Order and must comply with the Bureau of Industry and Security’s Office exported from the United States that is
provisions of Part 756 of the of Exporter Services may revoke any subject to the Regulations, or engaging
Regulations. Bureau of Industry and Security (‘‘BIS’’) in any other activity subject to the
Fifth, a copy of this Order shall be licenses previously issued pursuant to Regulations; or
delivered to Martinez and shall be the Act or the Regulations in which the C. Benefitting in any way from any
published in the Federal Register. person had an interest at the time of his/ transaction involving any item exported
Sixth, this Order is effective her conviction. or to be exported from the United States
immediately and shall remain in effect BIS has received notice of Villasana’s that is subject to the Regulations, or
until November 16, 2024. conviction for violating Section 38 of from any other activity subject to the
the AECA, and has provided notice and Regulations.
Issued this September 27, 2018.
an opportunity for Villasana to make a Second, no person may, directly or
Karen H. Nies-Vogel, written submission to BIS, as provided indirectly, do any of the following:
Director, Office of Exporter Services. in Section 766.25 of the Regulations. A. Export or reexport to or on behalf
[FR Doc. 2018–21651 Filed 10–3–18; 8:45 am] BIS has not received a submission from of the Denied Person any item subject to
BILLING CODE P Villasana. the Regulations;
Based upon my review and B. Take any action that facilitates the
consultations with BIS’s Office of acquisition or attempted acquisition by
DEPARTMENT OF COMMERCE Export Enforcement, including its the Denied Person of the ownership,
Director, and the facts available to BIS, possession, or control of any item
Bureau of Industry and Security I have decided to deny Villasana’s subject to the Regulations that has been
export privileges under the Regulations or will be exported from the United
In the Matter of Erik Villasana, Inmate States, including financing or other
for a period of 10 years from the date of
Number: 22762–479, FCI Bastrop, P.O. support activities related to a
Villasana’s conviction. I have also
Box 1010, Bastrop, TX 78602; Order transaction whereby the Denied Person
decided to revoke all licenses issued
Denying Export Privileges acquires or attempts to acquire such
pursuant to the Act or Regulations in
On November 16, 2017, in the U.S. which Villasana had an interest at the ownership, possession or control;
District Court for the Southern District time of his conviction. C. Take any action to acquire from or
of Texas, Erik Villasana (‘‘Villasana’’) Accordingly, it is hereby ordered: to facilitate the acquisition or attempted
was convicted of violating Section 38 of First, from the date of this Order until acquisition from the Denied Person of
the Arms Export Control Act (22 U.S.C. November 16, 2027, Erik Villasana, with any item subject to the Regulations that
2778 (2012)) (‘‘AECA’’). Specifically, a last known address of Inmate Number: has been exported from the United
Villasana was convicted of knowingly 22762–479, FCI Bastrop, P.O. Box 1010, States;
exporting and attempting to export from Bastrop, TX 78602, and when acting for D. Obtain from the Denied Person in
the United States to Mexico firearms or on his behalf, his successors, assigns, the United States any item subject to the
designated as defense articles on the employees, agents or representatives Regulations with knowledge or reason
United States Munitions List, without (‘‘the Denied Person’’), may not, directly to know that the item will be, or is
the required U.S. Department of State or indirectly, participate in any way in intended to be, exported from the
licenses. Villasana was sentenced to 63 any transaction involving any United States; or
months in prison, three years of commodity, software or technology E. Engage in any transaction to service
supervised release, and an assessment of (hereinafter collectively referred to as any item subject to the Regulations that
$100. ‘‘item’’) exported or to be exported from has been or will be exported from the
Section 766.25 of the Export United States and which is owned,
Administration Regulations (‘‘EAR’’ or et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the possessed or controlled by the Denied
‘‘Regulations’’) 1 provides, in pertinent
President signed into law the John S. McCain Person, or service any item, of whatever
National Defense Authorization Act for Fiscal Year origin, that is owned, possessed or
2019, which includes the Export Control Reform
1 The Regulations are currently codified in the Act of 2018, Title XVII, Subtitle B of Public Law controlled by the Denied Person if such
Code of Federal Regulations at 15 CFR Parts 730– 115–232 (‘‘ECRA’’). While Section 1766 of ECRA service involves the use of any item
774 (2018). The Regulations originally issued under repeals the provisions of the EAA (except for three subject to the Regulations that has been
the Export Administration Act of 1979, as amended, sections which are inapplicable here), Section 1768 or will be exported from the United
daltland on DSKBBV9HB2PROD with NOTICES
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘the EAA’’), of ECRA provides, in pertinent part, that all rules
which lapsed on August 21, 2001. The President, and regulations that were made or issued under the States. For purposes of this paragraph,
through Executive Order 13,222 of August 17, 2001 EAA, including as continued in effect pursuant to servicing means installation,
(3 CFR, 2001 Comp. 783 (2002)), which has been IEEPA, and were in effect as of ECRA’s date of maintenance, repair, modification or
extended by successive Presidential Notices, the enactment (August 13, 2018), shall continue in testing.
most recent being that of August 8, 2018 (83 FR effect according to their terms until modified,
39,871 (Aug. 13, 2018)), continued the Regulations superseded, set aside, or revoked through action
Third, after notice and opportunity for
in full force and effect under the International undertaken pursuant to the authority provided comment as provided in Section 766.23
Emergency Economic Powers Act, 50 U.S.C. 1701, under ECRA. of the Regulations, any other person,
VerDate Sep<11>2014 17:43 Oct 03, 2018 Jkt 247001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\04OCN1.SGM 04OCN1](https://thefederalregister.org/doc/83_FR_50264/page/1.svg)
![50072 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices
firm, corporation, or business part, that ‘‘[t]he Director of the Office of transaction involving any commodity,
organization related to Villasana by Exporter Services, in consultation with software or technology (hereinafter
ownership, control, position of the Director of the Office of Export collectively referred to as ‘‘item’’)
responsibility, affiliation, or other Enforcement, may deny the export exported or to be exported from the
connection in the conduct of trade or privileges of any person who has been United States that is subject to the
business may also be made subject to convicted of a violation of . . . section Regulations, including, but not limited
the provisions of this Order in order to 38 of the Arms Export Control Act (22 to:
prevent evasion of this Order. U.S.C. 2778).’’ 15 CFR 766.25(a). The A. Applying for, obtaining, or using
Fourth, in accordance with Part 756 of denial of export privileges under this any license, license exception, or export
the Regulations, Villasana may file an provision may be for a period of up to control document;
appeal of this Order with the Under 10 years from the date of the conviction. B. Carrying on negotiations
Secretary of Commerce for Industry and 15 CFR 766.25(d). In addition, Section concerning, or ordering, buying,
Security. The appeal must be filed 750.8 of the Regulations states that the receiving, using, selling, delivering,
within 45 days from the date of this Bureau of Industry and Security’s Office storing, disposing of, forwarding,
Order and must comply with the of Exporter Services may revoke any transporting, financing, or otherwise
provisions of Part 756 of the Bureau of Industry and Security (‘‘BIS’’) servicing in any way, any transaction
Regulations. licenses previously issued pursuant to involving any item exported or to be
Fifth, a copy of this Order shall be the Act or the Regulations in which the exported from the United States that is
delivered to Villasana and shall be person had an interest at the time of his/ subject to the Regulations, or engaging
published in the Federal Register. her conviction. in any other activity subject to the
Sixth, this Order is effective BIS has received notice of Duenas’s Regulations; or
immediately and shall remain in effect conviction for violating Section 38 of C. Benefitting in any way from any
until November 16, 2027. the AECA, and has provided notice and transaction involving any item exported
Issued this September 27, 2018. an opportunity for Duenas to make a or to be exported from the United States
Karen H. Nies-Vogel, written submission to BIS, as provided that is subject to the Regulations, or
Director, Office of Exporter Services. in Section 766.25 of the Regulations. from any other activity subject to the
[FR Doc. 2018–21639 Filed 10–3–18; 8:45 am]
BIS has not received a submission from Regulations.
Duenas. Second, no person may, directly or
BILLING CODE P
Based upon my review and indirectly, do any of the following:
consultations with BIS’s Office of A. Export or reexport to or on behalf
DEPARTMENT OF COMMERCE Export Enforcement, including its of the Denied Person any item subject to
Director, and the facts available to BIS, the Regulations;
Bureau of Industry and Security I have decided to deny Duenas’s export B. Take any action that facilitates the
privileges under the Regulations for a acquisition or attempted acquisition by
In the Matter of: Edward Alexander period of five years from the date of the Denied Person of the ownership,
Duenas, Inmate Number: 27317–479, Duenas’s conviction. I have also decided possession, or control of any item
FCI Beaumont Low, P.O. Box 26020, to revoke all licenses issued pursuant to subject to the Regulations that has been
Beaumont, TX 77720; Order Denying the Act or Regulations in which Duenas or will be exported from the United
Export Privileges had an interest at the time of his States, including financing or other
conviction. support activities related to a
On November 16, 2017, in the U.S.
Accordingly, it is hereby ordered: transaction whereby the Denied Person
District Court for the Southern District
First, from the date of this Order until acquires or attempts to acquire such
of Texas, Edward Alexander Duenas
November 16, 2022, Edward Alexander ownership, possession or control;
(‘‘Duenas’’) was convicted of violating
Duenas, with a last known address of C. Take any action to acquire from or
Section 38 of the Arms Export Control
Inmate Number: 27317–479, FCI to facilitate the acquisition or attempted
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Beaumont Low, P.O. Box 26020, acquisition from the Denied Person of
Specifically, Duenas was convicted of
Beaumont, TX 77720, and when acting any item subject to the Regulations that
knowingly exporting and attempting to
for or on his behalf, his successors, has been exported from the United
export from the United States to Mexico
assigns, employees, agents or States;
firearms designated as defense articles
representatives (‘‘the Denied Person’’), D. Obtain from the Denied Person in
on the United States Munitions List,
may not, directly or indirectly, the United States any item subject to the
without the required U.S. Department of
participate in any way in any Regulations with knowledge or reason
State licenses. Duenas was sentenced to
27 months in prison, three years of to know that the item will be, or is
in full force and effect under the International
supervised release, and an assessment of Emergency Economic Powers Act, 50 U.S.C. 1701,
intended to be, exported from the
$100. et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the United States; or
Section 766.25 of the Export President signed into law the John S. McCain E. Engage in any transaction to service
Administration Regulations (‘‘EAR’’ or National Defense Authorization Act for Fiscal Year any item subject to the Regulations that
2019, which includes the Export Control Reform
‘‘Regulations’’) 1 provides, in pertinent Act of 2018, Title XVII, Subtitle B of Public Law
has been or will be exported from the
115–232 (‘‘ECRA’’). While Section 1766 of ECRA United States and which is owned,
1 The Regulations are currently codified in the repeals the provisions of the EAA (except for three possessed or controlled by the Denied
Code of Federal Regulations at 15 CFR parts 730– sections which are inapplicable here), Section 1768 Person, or service any item, of whatever
daltland on DSKBBV9HB2PROD with NOTICES
774 (2018). The Regulations originally issued under of ECRA provides, in pertinent part, that all rules
the Export Administration Act of 1979, as amended, and regulations that were made or issued under the
origin, that is owned, possessed or
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘the EAA’’), EAA, including as continued in effect pursuant to controlled by the Denied Person if such
which lapsed on August 21, 2001. The President, IEEPA, and were in effect as of ECRA’s date of service involves the use of any item
through Executive Order 13,222 of August 17, 2001 enactment (August 13, 2018), shall continue in subject to the Regulations that has been
(3 CFR, 2001 Comp. 783 (2002)), which has been effect according to their terms until modified,
extended by successive Presidential Notices, the superseded, set aside, or revoked through action
or will be exported from the United
most recent being that of August 8, 2018 (83 FR undertaken pursuant to the authority provided States. For purposes of this paragraph,
39,871 (Aug. 13, 2018)), continued the Regulations under ECRA. servicing means installation,
VerDate Sep<11>2014 17:43 Oct 03, 2018 Jkt 247001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\04OCN1.SGM 04OCN1](https://thefederalregister.org/doc/83_FR_50264/page/2.svg)
Document Created: 2018-10-04 02:03:17
Document Modified: 2018-10-04 02:03:17
| 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 | 83 FR 50071 |
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