[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Notices]
[Pages 33095-33096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10967]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Jacobo Javier Garza-Solis, 1614 Solar Dr., 
Mission, TX 78572; Order Denying Export Privileges

    On October 16, 2020, in the U.S. District Court for the Southern 
District of Texas, Jacobo Javier Garza-Solis (``Garza-Solis'') was 
convicted of violating section 38 of the Arms Export Control Act (22 
U.S.C 2778) (``AECA''). Specifically, Garza-Solis 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, one Glock, .40 caliber, semiautomatic handgun 
charged with a magazine containing 13 rounds of ammunition and 
approximately 1,540 rounds of 7.62 x 39mm ammunition, which were 
designated as defense articles on the United States Munitions List, 
without first obtaining from the Department of State a license for such 
export or written authorization. As a result of his conviction, the 
Court sentenced Garza-Solis to 82 months in prison, three years of 
supervised release and a $100 assessment.
    Pursuant to section 1760(e) of the Export Control Reform Act 
(``ECRA''), the export privileges of any person who has been convicted 
of certain offenses, including, but not limited to, Section 38 of the 
AECA, may be denied for a period of up to ten (10) years from the date 
of his/her conviction. See 50 U.S.C. 4819(e). In addition, any Bureau 
of Industry and Security (``BIS'') licenses or other authorizations 
issued under

[[Page 33096]]

ECRA, in which the person had an interest at the time of the 
conviction, may be revoked. Id.
    BIS received notice of Garza-Solis's conviction for violating 
Section 38 of the AECA. BIS provided notice and opportunity for Garza-
Solis to make a written submission to BIS, as provided in Section 
766.25 of the Export Administration Regulations (``EAR'' or the 
``Regulations''). 15 CFR 766.25.\2\ BIS has not received a written 
submission from Garza-Solis.
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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 Garza-Solis's export 
privileges under the Regulations for a period of 10 years from the date 
of Garza-Solis's conviction. The Office of Exporter Services has also 
decided to revoke any BIS-issued licenses in which Garza-Solis 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 October 16, 2030, Jacobo 
Javier Garza-Solis, with a last known address of 1614 Solar Dr., 
Mission, TX 78572, 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 Garza-Solis 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, Garza-Solis 
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 Garza-Solis and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until October 16, 2030.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-10967 Filed 5-22-23; 8:45 am]
BILLING CODE 3510-DT-P