[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Notices]
[Pages 62536-62537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19680]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Nicholas Ayala, Inmate Number: 97331-509, FCI 
Edgefield, P.O. Box 725, Edgefield, SC 29824, Order Denying Export 
Privileges

    On November 16, 2022, in the U.S. District Court for the Southern 
District of Florida, Nicholas Ayala (``Ayala'') was convicted of 
violating 18 U.S.C. 371 and 18 U.S.C. 554. Specifically, Ayala was 
convicted of conspiring to smuggle various handguns and firearms from 
the United States to Ecuador. As a result of his conviction, the Court 
sentenced him to 36 months in prison, three years of supervised 
release, and a $400 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. 
371 and 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 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 Ayala's conviction for violating 18 U.S.C. 
371 and 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 Ayala to make a written submission 
to BIS. 15 CFR 766.25.\2\ BIS has not received a written submission 
from Ayala.
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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 Ayala's export privileges 
under the Regulations for a period of 10 years from the date of Ayala's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Ayala 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 16, 2032, 
Nicholas Ayala, with a last known address of Inmate Number: 97331-509, 
FCI Edgefield, P.O. Box 725, Edgefield, SC 29824, 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

[[Page 62537]]

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 Ayala 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, Ayala 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 Ayala and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until November 16, 2032.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-19680 Filed 9-11-23; 8:45 am]
BILLING CODE 3510-DT-P