[Federal Register Volume 78, Number 121 (Monday, June 24, 2013)]
[Notices]
[Pages 37785-37787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15019]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

In the Matter of: Gerardo Domingo Rodriguez-Rivera, Inmate Number 
96977-279, FCI Beaumont Low, Federal Corrections 
Institution, P.O. Box 26020, Beaumont, TX 77720.

    On January 13, 2012, in the U.S. District Court, Southern District 
of Texas, Gerardo Domingo Rodriguez-Rivera (``Rodriguez-Rivera'') was 
convicted of violating Section 38 of the

[[Page 37786]]

Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp. IV 2010)) 
(``AECA''). Specifically, Rodriguez-Rivera was convicted of knowingly 
and willfully exporting and causing to be exported and attempting to 
export and attempting to cause to be exported from the United States to 
Mexico 70 AK-47 magazines, which are designated as defense articles 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. Rodriguez-Rivera was sentenced to 46 
months of imprisonment and three years of supervised release, and fined 
a $100 assessment. Rodriguez-Rivera 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. 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. 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. 
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 15, 2012 (77 FR 49699 (August 16, 2012)), 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 Rodriguez-Rivera's conviction for 
violating the AECA, and have provided notice and an opportunity for 
Rodriguez-Rivera to make a written submission to BIS, as provided in 
Section 766.25 of the Regulations. I have not received a submission 
from Rodriguez-Rivera. 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 Rodriguez-Rivera's 
export privileges under the Regulations for a period of 10 years from 
the date of Rodriguez-Rivera's conviction. I have also decided to 
revoke all licenses issued pursuant to the Act or Regulations in which 
Rodriguez-Rivera had an interest at the time of his conviction.
    Accordingly, it is hereby

Ordered

    I. Until January 13, 2022, Gerardo Domingo Rodriguez-Rivera, with a 
last known address at: Inmate Number 96977-279, FCI Beaumont 
Low, Federal Corrections Institution, P.O. Box 26020, Beamont, TX 
77720, and when acting for or on behalf of Rodriguez-Rivera, 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 Rodriguez-Rivera 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.
    IV. This Order does not prohibit any export, reexport, or other 
transaction subject to the Regulations where the only items involved 
that are subject to the Regulations are the foreign-produced direct 
product of U.S.-origin technology.
    V. This Order is effective immediately and shall remain in effect 
until January 13, 2022.
    VI. In accordance with Part 756 of the Regulations, Rodriguez-
Rivera 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.
    VII. A copy of this Order shall be delivered to the Rodriguez-
Rivera. This Order shall be published in the Federal Register.


[[Page 37787]]


    Issued this 17th day of June 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-15019 Filed 6-21-13; 8:45 am]
BILLING CODE P