[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Notices]
[Pages 30808-30809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12495]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Manuel Homero Garces, Inmate --17865-
379, FCI Bastrop, Federal Correctional Institution, P.O. Box 1010,
Bastrop, TX 78602.
On February 6, 2013, in the U.S. District Court, Southern District
of Texas, Manuel Homero Garces (``Garces''), was convicted of violating
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp.
IV 2010)) (``AECA''). Specifically, Garces knowingly and willfully
exported and caused to be exported and attempted to export and
attempted to cause to be exported into the United Mexican States from
the United States of America a defense article, that is, to wit: one
Serbian AK-47, Model PAP M70, 7.62mm rifle, serial number ZAPAP003196,
which were designated as a defense article on the United States
Munitions List, without having first obtained from the Department of
State a license for such export or written authorization for such
export. Garces was sentenced to 46 months of imprisonment and two years
of supervised release, and penalized $100 as an assessment. Garces is
also listed on the U.S. Department of State Debarred List.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director
of the Office of Exporter Services, in consultation with the Director
of the Office of Export Enforcement, may deny the export privileges of
any person who has been convicted of a violation of the Export
Administration Act (``EAA''), the EAR, or any order, license or
authorization issued thereunder; any regulation, license, or order
issued under the International Emergency Economic Powers Act (50 U.S.C.
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms
Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also
Section 11(h) of the EAA, 50 U.S.C. app. Sec. 2410(h). The denial of
export privileges under this provision may be for a period of up to 10
years from the date of the conviction. 15 CFR 766.25(d); see also 50
U.S.C. app. Sec. 2410(h). In addition, Section 750.8 of the
Regulations states that the Bureau of Industry and Security's Office of
Exporter Services may revoke any Bureau of Industry and Security
(``BIS'') licenses previously issued in which the person had an
interest in at the time of his conviction.
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\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR Parts 730-774 (2013). The Regulations
issued pursuant to the Export Administration Act (50 U.S.C. app.
Sec. Sec. 2401-2420 (2000)) (``EAA''). Since August 21, 2001, the
EAA has been in lapse and the President, through Executive Order
13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has
been extended by successive Presidential Notices, the most recent
being that of August 8, 2013 (78 FR 49107 (August 12, 2013)), has
continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
IV 2010)).
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I have received notice of Garces's conviction for violating the
AECA, and have provided notice and an opportunity for Garces to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from Garces.
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 Garces's export privileges under the Regulations
for a period of six years from the date of Garces's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Garces had an interest at the time of his
conviction.
Accordingly, it is hereby
Ordered
I. Until February 6, 2019, Manuel Homero Garces, with a last known
address at: Inmate -17865-379, FFCI Bastrop, Federal
Correctional Institution, P.O. Box 1010, Bastrop, TX 78602, and when
acting for or on behalf of Garces, his representatives, assigns, agents
or employees (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 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 in any other activity subject to the Regulations.
II. 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.
III. 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 Garces by affiliation, ownership,
control or position of responsibility in the conduct of trade or
related services may also be subject to the provisions of this Order if
necessary to prevent evasion of the Order.
[[Page 30809]]
IV. This Order is effective immediately and shall remain in effect
until February 6, 2019.
V. In accordance with Part 756 of the Regulations, Garces 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.
VI. A copy of this Order shall be delivered to the Garces. This
Order shall be published in the Federal Register.
Issued this 20th day of May, 2014.
Eileen M. Albanese,
Acting Director, Office of Exporter Services.
[FR Doc. 2014-12495 Filed 5-28-14; 8:45 am]
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