[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Notices]
[Pages 23623-23624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08124]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Katie Ellen O'Brien, 2777 North Santa Marta 
Place, Tucson, AZ 85715; Order Denying Export Privileges

    On January 17, 2019, in the U.S. District Court for the District of 
Arizona, Katie Ellen O'Brien (``O'Brien'') was convicted of violating 
18 U.S.C. 554(a) and 18 U.S.C. 1001(a)(2). Specifically, O'Brien was 
convicted of making false statements or misrepresentations to the U.S. 
Government during the course of an investigation and smuggling and 
attempting to smuggle firearms from the United States to Mexico. As a 
result of her conviction, the Court sentenced O'Brien to 60 months 
confinement with credit for time served, three years supervised 
release, and a $600 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 and 18 U.S.C. 1001, 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 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 O'Brien's conviction for violating 18 U.S.C. 
554 and 18 U.S.C. 1001. As provided in Section 766.25 of the Export 
Administration Regulations (``EAR'' or the ``Regulations''), BIS 
provided notice and opportunity for O'Brien to make a written 
submission to BIS. 15 CFR 766.25.\2\ BIS has not received a written 
submission from O'Brien.
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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 O'Brien's export privileges 
under the Regulations for a period of 10 years from the date of 
O'Brien's conviction. The Office of Exporter Services has also decided 
to revoke any BIS-issued licenses in which O'Brien had an interest at 
the time of her 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 17, 2029, Katie 
Ellen O'Brien, with a last known address of 2777 North Santa Marta 
Place, Tucson, AZ 85715, and when acting for or on her behalf, her 
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

[[Page 23624]]

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 O'Brien 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, O'Brien 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 O'Brien and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until January 17, 2029.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-08124 Filed 4-17-23; 8:45 am]
BILLING CODE 3510-DT-P