83 FR 50072 - In the Matter of: Edward Alexander Duenas, Inmate Number: 27317-479, FCI Beaumont Low, P.O. Box 26020, Beaumont, TX 77720; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 83, Issue 193 (October 4, 2018)

Page Range		50072-50073
FR Document		2018-21652

Federal Register, Volume 83 Issue 193 (Thursday, October 4, 2018)

[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Notices]
[Pages 50072-50073]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21652]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Edward Alexander Duenas, Inmate Number: 27317-
479, FCI Beaumont Low, P.O. Box 26020, Beaumont, TX 77720; Order 
Denying Export Privileges

    On November 16, 2017, in the U.S. District Court for the Southern 
District of Texas, Edward Alexander Duenas (``Duenas'') was convicted 
of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Specifically, Duenas 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. Duenas 
was sentenced to 27 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 Duenas's conviction for violating 
Section 38 of the AECA, and has provided notice and an opportunity for 
Duenas to make a written submission to BIS, as provided in Section 
766.25 of the Regulations. BIS has not received a submission from 
Duenas.
    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 Duenas's export privileges under the Regulations 
for a period of five years from the date of Duenas's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Duenas had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until November 16, 2022, Edward 
Alexander Duenas, with a last known address of Inmate Number: 27317-
479, FCI Beaumont Low, P.O. Box 26020, Beaumont, TX 77720, 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,

[[Page 50073]]

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 Duenas 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, Duenas 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 Duenas and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until November 16, 2022.

    Issued September 27, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services .
[FR Doc. 2018-21652 Filed 10-3-18; 8:45 am]
 BILLING CODE P

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

Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices 50073

maintenance, repair, modification or part, that ‘‘[t]he Director of the Office of assigns, employees, agents or
testing. Exporter Services, in consultation with representatives (‘‘the Denied Person’’),
Third, after notice and opportunity for the Director of the Office of Export may not, directly or indirectly,
comment as provided in Section 766.23 Enforcement, may deny the export participate in any way in any
of the Regulations, any other person, privileges of any person who has been transaction involving any commodity,
firm, corporation, or business convicted of a violation of . . . section software or technology (hereinafter
organization related to Duenas by 38 of the Arms Export Control Act (22 collectively referred to as ‘‘item’’)
ownership, control, position of U.S.C. 2778).’’ 15 CFR 766.25(a). The exported or to be exported from the
responsibility, affiliation, or other denial of export privileges under this United States that is subject to the
connection in the conduct of trade or provision may be for a period of up to Regulations, including, but not limited
business may also be made subject to 10 years from the date of the conviction. to:
the provisions of this Order in order to 15 CFR 766.25(d). In addition, Section A. Applying for, obtaining, or using
prevent evasion of this Order. 750.8 of the Regulations states that the any license, license exception, or export
Fourth, in accordance with Part 756 of Bureau of Industry and Security’s Office control document;
the Regulations, Duenas may file an of Exporter Services may revoke any B. Carrying on negotiations
appeal of this Order with the Under Bureau of Industry and Security (‘‘BIS’’) concerning, or ordering, buying,
Secretary of Commerce for Industry and licenses previously issued pursuant to receiving, using, selling, delivering,
Security. The appeal must be filed the Act or the Regulations in which the storing, disposing of, forwarding,
within 45 days from the date of this person had an interest at the time of his/ transporting, financing, or otherwise
Order and must comply with the her conviction. servicing in any way, any transaction
provisions of Part 756 of the BIS has received notice of Madrid’s involving any item exported or to be
Regulations. conviction for violating Section 38 of exported from the United States that is
Fifth, a copy of this Order shall be the AECA, and has provided notice and subject to the Regulations, or engaging
delivered to Duenas and shall be an opportunity for Madrid to make a in any other activity subject to the
published in the Federal Register. written submission to BIS, as provided Regulations; or
Sixth, this Order is effective in Section 766.25 of the Regulations. C. Benefitting in any way from any
immediately and shall remain in effect BIS has not received a submission from transaction involving any item exported
until November 16, 2022. Madrid. or to be exported from the United States
Issued September 27, 2018. Based upon my review and that is subject to the Regulations, or
consultations with BIS’s Office of from any other activity subject to the
Karen H. Nies-Vogel,
Export Enforcement, including its Regulations.
Director, Office of Exporter Services .
Director, and the facts available to BIS, Second, no person may, directly or
[FR Doc. 2018–21652 Filed 10–3–18; 8:45 am] I have decided to deny Madrid’s export indirectly, do any of the following:
BILLING CODE P privileges under the Regulations for a A. Export or reexport to or on behalf
period of 10 years from the date of of the Denied Person any item subject to
Madrid’s conviction. I have also decided the Regulations;
DEPARTMENT OF COMMERCE to revoke all licenses issued pursuant to B. Take any action that facilitates the
Bureau of Industry and Security the Act or Regulations in which Madrid acquisition or attempted acquisition by
had an interest at the time of his the Denied Person of the ownership,
In the Matter of: Ruben Arnoldo conviction. possession, or control of any item
Madrid, Inmate Number: 20727–479, Accordingly, it is hereby ordered: subject to the Regulations that has been
FCI Beaumont Low, P.O. Box 26020, First, from the date of this Order until or will be exported from the United
Beaumont, TX 77720; Order Denying December 14, 2027, Ruben Arnoldo States, including financing or other
Export Privileges Madrid, with a last known address of support activities related to a
Inmate Number: 20727–479, FCI transaction whereby the Denied Person
On December 14, 2017, in the U.S. Beaumont Low, P.O. Box 26020, acquires or attempts to acquire such
District Court for the Southern District Beaumont, TX 77720, and when acting ownership, possession or control;
of Texas, Ruben Arnoldo Madrid for or on his behalf, his successors, C. Take any action to acquire from or
(‘‘Madrid’’) was convicted of violating to facilitate the acquisition or attempted
Section 38 of the Arms Export Control which lapsed on August 21, 2001. The President, acquisition from the Denied Person of
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). through Executive Order 13, 222 of August 17, 2001
(3 CFR 2001 Comp. 783 (2002)), which has been
any item subject to the Regulations that
Specifically, Madrid was convicted of extended by successive Presidential Notices, the has been exported from the United
knowingly exporting and attempting to most recent being that of August 8, 2018 (83 FR 39, States;
export from the United States to Mexico 871 (Aug. 13, 2018)), continued the Regulations in D. Obtain from the Denied Person in
firearms designated as defense articles full force and effect under the International the United States any item subject to the
Emergency Economic Powers Act, 50 U.S.C. 1701,
on the United States Munitions List, et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the Regulations with knowledge or reason
without the required U.S. Department of President signed into law the John S. McCain to know that the item will be, or is
State licenses. Madrid was sentenced to National Defense Authorization Act for Fiscal Year intended to be, exported from the
51 months in prison, three years of 2019, which includes the Export Control Reform
Act of 2018, Title XVII, Subtitle B of Public Law
United States; or
supervised release, and an assessment of 115–232 (‘‘ECRA’’). While Section 1766 of ECRA E. Engage in any transaction to service
$100. repeals the provisions of the EAA (except for three any item subject to the Regulations that
Section 766.25 of the Export sections which are inapplicable here), Section 1768 has been or will be exported from the
daltland on DSKBBV9HB2PROD with NOTICES

Administration Regulations (‘‘EAR’’ or of ECRA provides, in pertinent part, that all rules
and regulations that were made or issued under the
United States and which is owned,
‘‘Regulations’’) 1 provides, in pertinent EAA, including as continued in effect pursuant to possessed or controlled by the Denied
IEEPA, and were in effect as of ECRA’s date of Person, or service any item, of whatever
1 The Regulations are currently codified in the enactment (August 13, 2018), shall continue in origin, that is owned, possessed or
Code of Federal Regulations at 15 CFR parts 730– effect according to their terms until modified,
774 (2018). The Regulations originally issued under superseded, set aside, or revoked through action
controlled by the Denied Person if such
the Export Administration Act of 1979, as amended, undertaken pursuant to the authority provided service involves the use of any item
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘the EAA’’), under ECRA. subject to the Regulations that has been

VerDate Sep<11>2014 17:43 Oct 03, 2018 Jkt 247001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\04OCN1.SGM 04OCN1

Document Created: 2018-10-04 02:02:27
Document Modified: 2018-10-04 02:02:27

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 50072

83 FR 50072 - In the Matter of: Edward Alexander Duenas, Inmate Number: 27317-479, FCI Beaumont Low, P.O. Box 26020, Beaumont, TX 77720; Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 83, Issue 193 (October 4, 2018)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security