[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10289-10290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03448]


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DEPARTMENT OF COMMERCE

 Bureau of Industry and Security


In the Matter of: Carlos Francisco Rodriguez, 4902 Marcella Ave., 
Apartment 25, Laredo, TX 78041-6315; Order Denying Export Privileges

    On November 3, 2021, in the U.S. District Court for the Southern 
District of Texas, Carlos Francisco Rodriguez (``Francisco Rodriguez'') 
was convicted of violating 18 U.S.C. 554(a). Specifically, Francisco 
Rodriguez was convicted of knowingly and willfully attempting to 
smuggle from the U.S. to Mexico approximately 15,923 rounds of 
ammunition of assorted calibers. As a result of his conviction, the 
Court sentenced Francisco Rodriguez to 24 months in prison, 3 years of 
supervised release, and a $100 special assessment.
    Pursuant to Section 1760(e) of the Export Control Reform Act 
(``ECRA''),\1\ the export privileges of any person who has been 
convicted of certain offenses, including, but not limited to, 18 U.S.C. 
554, may be denied for a period of up to ten (10) years from the date 
of his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). In 
addition, any Bureau of Industry and Security (BIS) licenses or other 
authorizations issued under ECRA, in which the person had an interest 
at the time of the conviction, may be revoked. Id.
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    \1\ ECRA was enacted on August 13, 2018, as part of the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019 and, 
as amended, is codified at 50 U.S.C. 4801-4852.
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    BIS received notice of Francisco Rodriguez's conviction for 
violating 18 U.S.C. 554(a) and, as provided in Section 766.25 of the 
Export Administration Regulations (``EAR'' or the ``Regulations''), has 
provided notice and opportunity for Francisco Rodriguez to make a 
written submission to BIS. 15 CFR 766.25.\2\ BIS has not received a 
submission from Francisco Rodriguez.
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    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 30-774 (2022).
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    Based upon my review of the record and consultations with BIS's 
Office of Exporter Services, including its Director, and the facts 
available to BIS, I have decided to deny Francisco Rodriguez's export 
privileges under the Regulations for a period of seven years from the 
date of Francisco Rodriguez's conviction. The Office of Exporter 
Services has also decided to revoke any BIS-issued licenses in which 
Francisco

[[Page 10290]]

Rodriguez had an interest at the time of his conviction.\3\
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    \3\ The Director, Office of Export Enforcement, is the 
authorizing official for issuance of denial orders, pursuant to 
amendments to the Regulations (85 FR 73411, November 18, 2020).
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    Accordingly, it is hereby ORDERED:
    First, from the date of this Order until November 3, 2028, Carlos 
Francisco Rodriguez, with a last known address of 4902 Marcella Ave., 
Apartment 25, Laredo, TX 78041-6315 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, reexport, or transfer (in-country) 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, pursuant to Section 1760(e) of ECRA (50 U.S.C. 4819(e)) and 
Sections 766.23 and 766.25 of the Regulations, any other person, firm, 
corporation, or business organization related to the Denied Person 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, the Denied 
Person 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 the Denied Person 
and shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until November 3, 2028.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-03448 Filed 2-16-23; 8:45 am]
BILLING CODE 3510-DT-P