83 FR 50076 - In the Matter of Rolando Armando Madrid, Inmate Number: 20726-479, 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 | 50076-50077 | |
| FR Document | 2018-21642 |
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)] [Notices] [Pages 50076-50077] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21642] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of Rolando Armando Madrid, Inmate Number: 20726- 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, Rolando Armando Madrid (``Madrid'') was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). Specifically, Madrid 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. Madrid was sentenced to 51 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 Madrid's conviction for violating Section 38 of the AECA, and has provided notice and an opportunity for Madrid to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Madrid. 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 Madrid's export privileges under the Regulations for a period of 10 years from the date of Madrid's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Madrid 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, Rolando Armando Madrid, with a last known address of Inmate Number: 20726-479, 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 [[Page 50077]] 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 Madrid 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, Madrid 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 Madrid and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until November 16, 2027. Issued September 27, 2018. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2018-21642 Filed 10-3-18; 8:45 am] BILLING CODE P
![50076 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices
intended to be, exported from the firearms designated as defense articles period of 10 years from the date of
United States; or on the United States Munitions List, Madrid’s conviction. I have also decided
E. Engage in any transaction to service without the required U.S. Department of to revoke all licenses issued pursuant to
any item subject to the Regulations that State licenses. Madrid was sentenced to the Act or Regulations in which Madrid
has been or will be exported from the 51 months in prison, three years of had an interest at the time of his
United States and which is owned, supervised release, and an assessment of conviction.
possessed or controlled by the Denied $100. Accordingly, it is hereby ordered:
Person, or service any item, of whatever Section 766.25 of the Export First, from the date of this Order until
origin, that is owned, possessed or Administration Regulations (‘‘EAR’’ or November 16, 2027, Rolando Armando
controlled by the Denied Person if such ‘‘Regulations’’) 1 provides, in pertinent Madrid, with a last known address of
service involves the use of any item part, that ‘‘[t]he Director of the Office of Inmate Number: 20726–479, FCI
subject to the Regulations that has been Exporter Services, in consultation with Bastrop, P.O. Box 1010, Bastrop, TX
or will be exported from the United the Director of the Office of Export 78602, and when acting for or on his
States. For purposes of this paragraph, Enforcement, may deny the export behalf, his successors, assigns,
servicing means installation, privileges of any person who has been employees, agents or representatives
maintenance, repair, modification or convicted of a violation of . . . section (‘‘the Denied Person’’), may not, directly
testing. 38 of the Arms Export Control Act (22 or indirectly, participate in any way in
Third, after notice and opportunity for U.S.C. 2778).’’ 15 CFR 766.25(a). The any transaction involving any
comment as provided in Section 766.23 denial of export privileges under this commodity, software or technology
of the Regulations, any other person, provision may be for a period of up to (hereinafter collectively referred to as
firm, corporation, or business 10 years from the date of the conviction. ‘‘item’’) exported or to be exported from
organization related to Garza-Sanchez 15 CFR 766.25(d). In addition, Section the United States that is subject to the
by ownership, control, position of 750.8 of the Regulations states that the Regulations, including, but not limited
responsibility, affiliation, or other Bureau of Industry and Security’s Office to:
connection in the conduct of trade or of Exporter Services may revoke any A. Applying for, obtaining, or using
business may also be made subject to Bureau of Industry and Security (‘‘BIS’’) any license, license exception, or export
the provisions of this Order in order to licenses previously issued pursuant to control document;
prevent evasion of this Order. the Act or the Regulations in which the B. Carrying on negotiations
Fourth, in accordance with Part 756 of person had an interest at the time of his/ concerning, or ordering, buying,
the Regulations, Garza-Sanchez may file her conviction. receiving, using, selling, delivering,
an appeal of this Order with the Under BIS has received notice of Madrid’s storing, disposing of, forwarding,
Secretary of Commerce for Industry and conviction for violating Section 38 of transporting, financing, or otherwise
Security. The appeal must be filed the AECA, and has provided notice and servicing in any way, any transaction
within 45 days from the date of this an opportunity for Madrid to make a involving any item exported or to be
Order and must comply with the written submission to BIS, as provided exported from the United States that is
provisions of Part 756 of the in Section 766.25 of the Regulations. subject to the Regulations, or engaging
Regulations. BIS has not received a submission from in any other activity subject to the
Fifth, a copy of this Order shall be Madrid. Regulations; or
delivered to Garza-Sanchez and shall be Based upon my review and C. Benefitting in any way from any
published in the Federal Register. consultations with BIS’s Office of transaction involving any item exported
Sixth, this Order is effective Export Enforcement, including its or to be exported from the United States
immediately and shall remain in effect Director, and the facts available to BIS, that is subject to the Regulations, or
until March 28, 2022. I have decided to deny Madrid’s export from any other activity subject to the
privileges under the Regulations for a Regulations.
Issued: September 27, 2018.
Second, no person may, directly or
Karen H. Nies-Vogel, 1 The Regulations are currently codified in the
indirectly, do any of the following:
Director, Office of Exporter Services. Code of Federal Regulations at 15 CFR Parts 730–
A. Export or reexport to or on behalf
[FR Doc. 2018–21654 Filed 10–3–18; 8:45 am] 774 (2018). The Regulations originally issued under
the Export Administration Act of 1979, as amended, of the Denied Person any item subject to
BILLING CODE P 50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘the EAA’’), the Regulations;
which lapsed on August 21, 2001. The President, B. Take any action that facilitates the
through Executive Order 13,222 of August 17, 2001 acquisition or attempted acquisition by
DEPARTMENT OF COMMERCE (3 CFR 2001 Comp. 783 (2002)), which has been
extended by successive Presidential Notices, the the Denied Person of the ownership,
most recent being that of August 8, 2018 (83 FR possession, or control of any item
Bureau of Industry and Security 39,871 (Aug. 13, 2018)), continued the Regulations subject to the Regulations that has been
in full force and effect under the International
In the Matter of Rolando Armando Emergency Economic Powers Act, 50 U.S.C. 1701,
or will be exported from the United
Madrid, Inmate Number: 20726–479, et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the States, including financing or other
FCI Bastrop, P.O. Box 1010, Bastrop, President signed into law the John S. McCain support activities related to a
National Defense Authorization Act for Fiscal Year transaction whereby the Denied Person
TX 78602; Order Denying Export 2019, which includes the Export Control Reform
Privileges Act of 2018, Title XVII, Subtitle B of Public Law
acquires or attempts to acquire such
115–232 (‘‘ECRA’’). While Section 1766 of ECRA ownership, possession or control;
On November 16, 2017, in the U.S. repeals the provisions of the EAA (except for three C. Take any action to acquire from or
District Court for the Southern District sections which are inapplicable here), Section 1768 to facilitate the acquisition or attempted
daltland on DSKBBV9HB2PROD with NOTICES
of Texas, Rolando Armando Madrid of ECRA provides, in pertinent part, that all rules
and regulations that were made or issued under the
acquisition from the Denied Person of
(‘‘Madrid’’) was convicted of violating EAA, including as continued in effect pursuant to any item subject to the Regulations that
Section 38 of the Arms Export Control IEEPA, and were in effect as of ECRA’s date of has been exported from the United
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). enactment (August 13, 2018), shall continue in States;
effect according to their terms until modified,
Specifically, Madrid was convicted of superseded, set aside, or revoked through action
D. Obtain from the Denied Person in
knowingly exporting and attempting to undertaken pursuant to the authority provided the United States any item subject to the
export from the United States to Mexico under ECRA. Regulations with knowledge or reason
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![Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices 50077
to know that the item will be, or is Commerce’s regulations, we are record of this review. Parties wishing to
intended to be, exported from the initiating those administrative reviews. submit rebuttal comments should
United States; or DATES: Applicable October 4, 2018. submit those comments five days after
E. Engage in any transaction to service FOR FURTHER INFORMATION CONTACT: the deadline for the initial comments.
any item subject to the Regulations that Brenda E. Brown, Office of AD/CVD In the event Commerce decides it is
has been or will be exported from the Operations, Customs Liaison Unit, necessary to limit individual
United States and which is owned, Enforcement and Compliance, examination of respondents and
possessed or controlled by the Denied International Trade Administration, conduct respondent selection under
Person, or service any item, of whatever U.S. Department of Commerce, 1401 section 777A(c)(2) of the Act:
origin, that is owned, possessed or In general, Commerce has found that
Constitution Avenue NW, Washington,
controlled by the Denied Person if such determinations concerning whether
DC 20230, telephone: (202) 482–4735.
service involves the use of any item particular companies should be
SUPPLEMENTARY INFORMATION: ‘‘collapsed’’ (e.g., treated as a single
subject to the Regulations that has been
or will be exported from the United Background entity for purposes of calculating
States. For purposes of this paragraph, antidumping duty rates) require a
Commerce has received timely
servicing means installation, substantial amount of detailed
requests, in accordance with 19 CFR
maintenance, repair, modification or information and analysis, which often
351.213(b), for administrative reviews of
testing. require follow-up questions and
various antidumping and countervailing analysis. Accordingly, Commerce will
Third, after notice and opportunity for duty orders and findings with August not conduct collapsing analyses at the
comment as provided in Section 766.23 anniversary dates. respondent selection phase of this
of the Regulations, any other person, All deadlines for the submission of
review and will not collapse companies
firm, corporation, or business various types of information,
at the respondent selection phase unless
organization related to Madrid by certifications, or comments or actions by
there has been a determination to
ownership, control, position of Commerce discussed below refer to the collapse certain companies in a
responsibility, affiliation, or other number of calendar days from the previous segment of this antidumping
connection in the conduct of trade or applicable starting time. proceeding (e.g., investigation,
business may also be made subject to
Notice of No Sales administrative review, new shipper
the provisions of this Order in order to review or changed circumstances
prevent evasion of this Order. If a producer or exporter named in
this notice of initiation had no exports, review). For any company subject to this
Fourth, in accordance with Part 756 of review, if Commerce determined, or
the Regulations, Madrid may file an sales, or entries during the period of
continued to treat, that company as
appeal of this Order with the Under review (POR), it must notify Commerce
collapsed with others, Commerce will
Secretary of Commerce for Industry and within 30 days of publication of this
assume that such companies continue to
Security. The appeal must be filed notice in the Federal Register. All
operate in the same manner and will
within 45 days from the date of this submissions must be filed electronically
collapse them for respondent selection
Order and must comply with the at http://access.trade.gov in accordance
purposes. Otherwise, Commerce will
provisions of Part 756 of the with 19 CFR 351.303.1 Such
not collapse companies for purposes of
Regulations. submissions are subject to verification
respondent selection. Parties are
Fifth, a copy of this Order shall be in accordance with section 782(i) of the
requested to (a) identify which
delivered to Madrid and shall be Tariff Act of 1930, as amended (the Act). companies subject to review previously
published in the Federal Register. Further, in accordance with 19 CFR were collapsed, and (b) provide a
Sixth, this Order is effective 351.303(f)(1)(i), a copy must be served citation to the proceeding in which they
immediately and shall remain in effect on every party on Commerce’s service were collapsed. Further, if companies
until November 16, 2027. list. are requested to complete the Quantity
Issued September 27, 2018. Respondent Selection and Value (Q&V) Questionnaire for
Karen H. Nies-Vogel, purposes of respondent selection, in
In the event Commerce limits the
general each company must report
Director, Office of Exporter Services. number of respondents for individual
volume and value data separately for
[FR Doc. 2018–21642 Filed 10–3–18; 8:45 am] examination for administrative reviews
itself. Parties should not include data
BILLING CODE P initiated pursuant to requests made for
for any other party, even if they believe
the orders identified below, Commerce
they should be treated as a single entity
intends to select respondents based on
with that other party. If a company was
DEPARTMENT OF COMMERCE U.S. Customs and Border Protection
collapsed with another company or
(CBP) data for U.S. imports during the
International Trade Administration companies in the most recently
period of review. We intend to place the
completed segment of this proceeding
CBP data on the record within five days
Initiation of Antidumping and where Commerce considered collapsing
of publication of the initiation notice
Countervailing Duty Administrative that entity, complete Q&V data for that
and to make our decision regarding
Reviews collapsed entity must be submitted.
respondent selection within 30 days of
AGENCY: Enforcement and Compliance, publication of the initiation Federal Deadline for Withdrawal of Request for
International Trade Administration, Register notice. Comments regarding the Administrative Review
daltland on DSKBBV9HB2PROD with NOTICES
Department of Commerce. CBP data and respondent selection Pursuant to 19 CFR 351.213(d)(1), a
SUMMARY: The Department of Commerce should be submitted seven days after party that has requested a review may
(Commerce) has received requests to the placement of the CBP data on the withdraw that request within 90 days of
conduct administrative reviews of 1 See Antidumping and Countervailing Duty
the date of publication of the notice of
various antidumping and countervailing Proceedings: Electronic Filing Procedures;
initiation of the requested review. The
duty orders and findings with August Administrative Protective Order Procedures, 76 FR regulation provides that Commerce may
anniversary dates. In accordance with 39263 (July 6, 2011). extend this time if it is reasonable to do
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Document Created: 2018-10-04 02:02:34
Document Modified: 2018-10-04 02:02:34
| 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 50076 |
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