[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Notices]
[Pages 17795-17796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06127]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Enrique Reyes-Morales, Inmate Number: 54549-
509, FCI Allenwood Low, Federal Correctional Institution, P.O. Box
1000, P.O. Box 1000, White Deer, PA 17887; Order Denying Export
Privileges
On January 10, 2022, in the U.S. District Court for the Southern
District of Texas, Enrique Reyes-Morales (``Reyes-Morales'') was
convicted of violating 18 U.S.C. 554(a). Specifically, Reyes-Morales
was convicted of smuggling and attempting to smuggle, from the United
States to Mexico, sixty-seven (67) 7.62X39 rifles, fourteen (14) 5.56
rifles, two (2) .308 rifles, one (1) .223 rifle, one (1) 12 gauge
shotgun, four (4) 20 gauge shotguns, four (4) 10-22 rifles, fourteen
(14) 9mm handguns, seven (7) .22 caliber handguns, two (2) .380
handguns, one (1) gun suppressor, one-hundred-sixty-one (161)
magazines, five-hundred-sixty-two (562) rounds of ammunition, and
thirty-eight (38) miscellaneous weapon accessories including various
scopes and flashlights without the required license or written
approval. As a result of his conviction, the Court sentenced Reyes-
Morales to 48 months of confinement, three years of supervised release
and a $100 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). In addition, any Bureau of
Industry and Security (``BIS'') licenses or other
[[Page 17796]]
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 Reyes-Morales's conviction for violating 18
U.S.C. 554. As provided in section 766.25 of the Export Administration
Regulations (``EAR'' or the ``Regulations''), BIS provided notice and
opportunity for Reyes-Morales to make a written submission to BIS. 15
CFR 766.25.\2\ BIS has not received a written submission from Reyes-
Morales.
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\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (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 Reyes-Morales's export
privileges under the Regulations for a period of 10 years from the date
of Reyes-Morales's conviction. The Office of Exporter Services has also
decided to revoke any BIS-issued licenses in which Reyes-Morales 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 January 10, 2032, Enrique
Reyes-Morales, with a last known address of Inmate Number: 54549-509,
FCI Allenwood Low, Federal Correctional Institution, P.O. Box 1000,
White Deer, PA 17887, 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 and sections 766.23 and
766.25 of the Regulations, any other person, firm, corporation, or
business organization related to Reyes-Morales 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, Reyes-
Morales 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 Reyes-Morales and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 10, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-06127 Filed 3-23-23; 8:45 am]
BILLING CODE 3510-DT-P