83 FR 53029 - In the Matter of: Luis Antonio Urdaneta Pozo, Inmate Number: 68375-018, FCI Edgefield, P.O. Box 725, Edgefield, SC 29824; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 83, Issue 203 (October 19, 2018)

Page Range		53029-53030
FR Document		2018-22865

Federal Register, Volume 83 Issue 203 (Friday, October 19, 2018)

[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53029-53030]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22865]


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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Luis Antonio Urdaneta Pozo, Inmate Number: 
68375-018, FCI Edgefield, P.O. Box 725, Edgefield, SC 29824; Order 
Denying Export Privileges

    On June 27, 2017, in the U.S. District Court for the Southern 
District of Florida, Luis Antonio Urdaneta Pozo (``Pozo'') was 
convicted of violating Section 38 of the Arms Export Control Act (22 
U.S.C. 2778 (2012)) (``AECA''). Specifically, Pozo was convicted of 
knowingly and willfully exporting from

[[Page 53030]]

the United States to Venezuela items designated as defense articles on 
the United States Munitions List, namely, handguns and ammunition of 
various calibers, without the required U.S. Department of State 
licenses. Pozo was sentenced to 63 months in prison, three years of 
supervised release, and a $100 special assessment.
    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 Pozo's conviction for violating Section 
38 of the AECA, and has provided notice and an opportunity for Pozo to 
make a written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Pozo.
    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 Pozo's export privileges under the Regulations for 
a period of 10 years from the date of Pozo's conviction. I have also 
decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Pozo had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until June 27, 2027, Luis 
Antonio Urdaneta Pozo, with a last known address of Inmate Number: 
68375-018, FCI Edgefield, P.O. Box 725, Edgefield, SC 29824, 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 Pozo 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, Pozo 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 Pozo and shall be 
published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until June 27, 2027.

    Issued this October 12, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-22865 Filed 10-18-18; 8:45 am]
 BILLING CODE 3510-33-P

Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices 53029

Commission will not refund any ACTION:Notice of suspension of large annexations and through fiscal
incurred charges. Callers will incur no program. year 1996 for new incorporated places.
charge for calls they initiate over land- The program was continued on a fee-for-
line connections to the toll-free SUMMARY: This document serves as service basis only until June 1, 1998, at
conference call-in number. notice to state and local governments which time it was suspended for the
Persons with hearing impairments and to other federal agencies that 2000 Census (see the Federal Register,
may also follow the discussion by first beginning on January 1, 2019, the 63 FR 27706, May 20, 1998). In 2002,
calling the Federal Relay Service at 1– Bureau of the Census (Census Bureau) the program was resumed and has since
888–364–3109 and providing the will suspend the Geographically been referred to as the Geographically
operator with the toll-free conference Updated Population Certification Updated Population Certification
call-in number: 1–877–604–9665 and Program for three years—the year Program or GUPCP (see the Federal
conference call ID: 5788080. preceding the decennial census, the Register, 67 FR 72095, December 4,
Members of the public are invited to decennial census year, and the year 2002). As was the case for two previous
submit written comments. The following it—to accommodate the 2020 censuses, the program was suspended to
comments must be received in the Census operation. During this time, the accommodate the 2010 Census
regional office approximately 30 days Census Bureau will not provide the operations (see the Federal Register, 72
after each scheduled meeting. Written operations necessary to determine the FR 46602, August 21, 2007). The
comments may be mailed to the Eastern updated April 1, 2010 census suspension began on January 1, 2008
Regional Office, U.S. Commission on population and housing unit counts for and ended on December 31, 2012 (see
Civil Rights, 1331 Pennsylvania entities that: Annex territory; the Federal Register, 78 FR 54863,
Avenue, Suite 1150, Washington, DC incorporate or organize as counties; or September 6, 2013).
20425, or emailed to Corrine Sanders at incorporate or organize as boroughs, The Census Bureau is suspending the
ero@usccr.gov. Persons who desire cities, towns, villages, townships, or program for the year immediately
additional information may contact the other general purpose governments. preceding, the year of, and year
Eastern Regional Office at (202) 376– However, the Census Bureau will following the 2020 Census to permit
7533. consider all requests for population and allocation of necessary resources to the
Records and documents discussed housing count updates received in decennial census. However, all requests
during the meeting will be available for writing before January 1, 2019. for population and housing count
public viewing as they become available DATES: As of January 1, 2019, the updates received before January 1, 2019
at https://database.faca.gov/committee/ Geographically Updated Population will be considered. The Census Bureau
meetings.aspx?cid=279, click the Certification Program will be will announce in a future Federal
‘‘Meeting Details’’ and ‘‘Documents’’ suspended. It will remain suspended Register notice the date that the
links. Records generated from this until December 31, 2021. program will resume. The Census
meeting may also be inspected and FOR FURTHER INFORMATION CONTACT: Mr. Bureau plans to resume the program in
reproduced at the Eastern Regional Darryl Cohen, Population Division, U.S. the year 2022, after 2020 Census data
Office, as they become available, both Census Bureau, 4600 Silver Hill Road, become available, for those entities that
before and after the meetings. Persons Washington, DC 20233, telephone (301) desire the service provided that any and
interested in the work of this advisory 763–2419, email Darryl.T.Cohen@ all costs associated with this work are
committee are advised to go to the census.gov. borne by the local governmental entity.
Commission’s website, www.usccr.gov, Authority to continue this program on
or to contact the Eastern Regional Office SUPPLEMENTARY INFORMATION: The
Census Bureau first began to make a fee-for-service basis is contained in
at the above phone number, email or Title 13, United States Code, Section 8.
street address. updated decennial census count
determinations to reflect geographic Dated: October 15, 2018.
Agenda: Friday, November 2, 2018 boundary changes in 1972 in response Ron S. Jarmin,
I. Rollcall to the requests of local governments to Deputy Director, Performing the Non-
II. Welcome establish eligibility for participation in Exclusive Functions and Duties of the
III. Planning Discussion the General Revenue Sharing Program, Director, Bureau of the Census.
IV. Other Business authorized under Public Law 92–512. At [FR Doc. 2018–22823 Filed 10–18–18; 8:45 am]
V. Adjourn that time, the Census Bureau established BILLING CODE 3510–07–P
Dated: October 16, 2018. a fee-for-service program enabling
David Mussatt, entities with annexations to obtain
Supervisory Chief, Regional Programs Unit. updated decennial census population DEPARTMENT OF COMMERCE
[FR Doc. 2018–22870 Filed 10–18–18; 8:45 am] counts that reflected the population
living in the annexed areas. The Census Bureau of Industry and Security
BILLING CODE 6335–01–P
Bureau also received funding from the
In the Matter of: Luis Antonio Urdaneta
U.S. Department of the Treasury to
Pozo, Inmate Number: 68375–018, FCI
make those determinations for larger
DEPARTMENT OF COMMERCE Edgefield, P.O. Box 725, Edgefield, SC
annexations that met prescribed criteria
29824; Order Denying Export
Bureau of the Census and for new incorporations. The General
Privileges
Revenue Sharing Program ended on
[Docket Number: 180920854–8854–01] September 30, 1986, but the certification On June 27, 2017, in the U.S. District
amozie on DSK3GDR082PROD with NOTICES1

program continued into 1988 with Court for the Southern District of
Suspension of the Geographically
support for the Census Bureau. The Florida, Luis Antonio Urdaneta Pozo
Updated Population Certification
program was suspended to (‘‘Pozo’’) was convicted of violating
Program for Places Incorporating or
accommodate the 1990 Census Section 38 of the Arms Export Control
Annexing Between Censuses
operations and resumed in 1992. The Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
AGENCY:Bureau of the Census, Census Bureau supported the program Specifically, Pozo was convicted of
Department of Commerce. through fiscal year 1995 for cities with knowingly and willfully exporting from

VerDate Sep<11>2014 17:25 Oct 18, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\19OCN1.SGM 19OCN1

53030 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices

the United States to Venezuela items I have decided to deny Pozo’s export D. Obtain from the Denied Person in
designated as defense articles on the privileges under the Regulations for a the United States any item subject to the
United States Munitions List, namely, period of 10 years from the date of Regulations with knowledge or reason
handguns and ammunition of various Pozo’s conviction. I have also decided to to know that the item will be, or is
calibers, without the required U.S. revoke all licenses issued pursuant to intended to be, exported from the
Department of State licenses. Pozo was the Act or Regulations in which Pozo United States; or
sentenced to 63 months in prison, three had an interest at the time of his E. Engage in any transaction to service
years of supervised release, and a $100 conviction. any item subject to the Regulations that
special assessment. Accordingly, it is hereby ordered: has been or will be exported from the
Section 766.25 of the Export First, from the date of this Order until United States and which is owned,
Administration Regulations (‘‘EAR’’ or June 27, 2027, Luis Antonio Urdaneta possessed or controlled by the Denied
‘‘Regulations’’) 1 provides, in pertinent Pozo, with a last known address of Person, or service any item, of whatever
part, that ‘‘[t]he Director of the Office of Inmate Number: 68375–018, FCI origin, that is owned, possessed or
Exporter Services, in consultation with Edgefield, P.O. Box 725, Edgefield, SC controlled by the Denied Person if such
the Director of the Office of Export 29824, and when acting for or on his service involves the use of any item
Enforcement, may deny the export behalf, his successors, assigns, subject to the Regulations that has been
privileges of any person who has been employees, agents or representatives or will be exported from the United
convicted of a violation of . . . section (‘‘the Denied Person’’), may not, directly States. For purposes of this paragraph,
38 of the Arms Export Control Act (22 or indirectly, participate in any way in servicing means installation,
U.S.C. 2778).’’ 15 CFR 766.25(a). The any transaction involving any maintenance, repair, modification or
denial of export privileges under this commodity, software or technology testing.
provision may be for a period of up to (hereinafter collectively referred to as Third, after notice and opportunity for
10 years from the date of the conviction. ‘‘item’’) exported or to be exported from comment as provided in Section 766.23
15 CFR 766.25(d). In addition, Section the United States that is subject to the of the Regulations, any other person,
750.8 of the Regulations states that the Regulations, including, but not limited firm, corporation, or business
Bureau of Industry and Security’s Office organization related to Pozo by
to:
of Exporter Services may revoke any ownership, control, position of
A. Applying for, obtaining, or using
Bureau of Industry and Security (‘‘BIS’’) responsibility, affiliation, or other
any license, license exception, or export
licenses previously issued pursuant to connection in the conduct of trade or
control document;
the Act or the Regulations in which the business may also be made subject to
B. Carrying on negotiations
person had an interest at the time of his/ the provisions of this Order in order to
concerning, or ordering, buying, prevent evasion of this Order.
her conviction.
BIS has received notice of Pozo’s receiving, using, selling, delivering, Fourth, in accordance with Part 756 of
conviction for violating Section 38 of storing, disposing of, forwarding, the Regulations, Pozo may file an appeal
the AECA, and has provided notice and transporting, financing, or otherwise of this Order with the Under Secretary
an opportunity for Pozo to make a servicing in any way, any transaction of Commerce for Industry and Security.
written submission to BIS, as provided involving any item exported or to be The appeal must be filed within 45 days
in Section 766.25 of the Regulations. exported from the United States that is from the date of this Order and must
BIS has not received a submission from subject to the Regulations, or engaging comply with the provisions of Part 756
Pozo. in any other activity subject to the of the Regulations.
Based upon my review and Regulations; or Fifth, a copy of this Order shall be
consultations with BIS’s Office of C. Benefitting in any way from any delivered to Pozo and shall be
Export Enforcement, including its transaction involving any item exported published in the Federal Register.
Director, and the facts available to BIS, or to be exported from the United States Sixth, this Order is effective
that is subject to the Regulations, or immediately and shall remain in effect
1 The Regulations are currently codified in the from any other activity subject to the until June 27, 2027.
Code of Federal Regulations at 15 CFR parts 730– Regulations. Issued this October 12, 2018.
774 (2018). The Regulations originally issued under Second, no person may, directly or
the Export Administration Act of 1979, as amended, Karen H. Nies-Vogel,
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘the EAA’’), indirectly, do any of the following:
Director, Office of Exporter Services.
which lapsed on August 21, 2001. The President, A. Export or reexport to or on behalf
[FR Doc. 2018–22865 Filed 10–18–18; 8:45 am]
through Executive Order 13,222 of August 17, 2001 of the Denied Person any item subject to
(3 CFR, 2001 Comp. 783 (2002)), which has been the Regulations; BILLING CODE 3510–33–P
extended by successive Presidential Notices, the
most recent being that of August 8, 2018 (83 FR B. Take any action that facilitates the
39,871 (Aug. 13, 2018)), continued the Regulations acquisition or attempted acquisition by
in full force and effect under the International DEPARTMENT OF COMMERCE
the Denied Person of the ownership,
Emergency Economic Powers Act, 50 U.S.C. 1701,
et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the
possession, or control of any item International Trade Administration
President signed into law the John S. McCain subject to the Regulations that has been
National Defense Authorization Act for Fiscal Year or will be exported from the United [A–201–830]
2019, which includes the Export Control Reform States, including financing or other
Act of 2018, Title XVII, Subtitle B of Public Law Carbon and Certain Alloy Steel Wire
115–232 (‘‘ECRA’’). While Section 1766 of ECRA support activities related to a Rod From Mexico: Preliminary
repeals the provisions of the EAA (except for three transaction whereby the Denied Person Affirmative Determination of
sections which are inapplicable here), Section 1768 acquires or attempts to acquire such
amozie on DSK3GDR082PROD with NOTICES1

of ECRA provides, in pertinent part, that all rules Circumvention of the Antidumping
ownership, possession or control; Duty Order
and regulations that were made or issued under the
EAA, including as continued in effect pursuant to C. Take any action to acquire from or
IEEPA, and were in effect as of ECRA’s date of to facilitate the acquisition or attempted AGENCY: Enforcement and Compliance,
enactment (August 13, 2018), shall continue in acquisition from the Denied Person of International Trade Administration,
effect according to their terms until modified, Department of Commerce.
superseded, set aside, or revoked through action
any item subject to the Regulations that
undertaken pursuant to the authority provided has been exported from the United SUMMARY: The Department of Commerce
under ECRA. States; (Commerce) preliminarily determines

VerDate Sep<11>2014 17:25 Oct 18, 2018 Jkt 247001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\19OCN1.SGM 19OCN1

Document Created: 2018-10-19 01:26:10
Document Modified: 2018-10-19 01:26:10

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 53029

83 FR 53029 - In the Matter of: Luis Antonio Urdaneta Pozo, Inmate Number: 68375-018, FCI Edgefield, P.O. Box 725, Edgefield, SC 29824; Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 83, Issue 203 (October 19, 2018)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security