Notices. DEPARTMENT OF COMMERCE
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/register/2023/05/12/2023-10102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 3510-33-P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Adriana Gabriela Guajardo-Cavazos, Calle Manuel Otiz #49, Matamoros, Tamaulipas, Mexico 87394; Order Denying Export Privileges On November 12, 2020, in the U.S. District Court for the Southern District of Texas, Adriana Gabriela Guajardo-Cavazos (“Guajardo-Cavazos”) was convicted of violating 18 U.S.C. 554(a). Specifically, Guajardo-Cavazos was convicted of smuggling and attempting to smuggle from the United States to Mexico, approximately one
(1).243 caliber rifle, one
(1).22 caliber rifle, one
(1)12 gauge shotgun, one
(1).223 caliber magazine and one
(1).22 caliber magazine. As a result of her conviction, the Court sentenced Guajardo-Cavazos to 36 months 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 authorizations issued under ECRA, in which the person had an interest at the time of the conviction, may be revoked. *Id.* 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. BIS received notice of Guajardo-Cavazos'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 Guajardo-Cavazos to make a written submission to BIS. 15 CFR 766.25. 2 BIS has not received a written submission from Guajardo-Cavazos. 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730-774 (2022). 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 Guajardo-Cavazos's export privileges under the Regulations for a period of seven years from the date of Guajardo-Cavazos's conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Guajardo-Cavazos had an interest at the time of his conviction. 3 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). Accordingly, it is hereby *ordered:* *First,* from the date of this Order until November 12, 2027, Adriana Gabriela Guajardo-Cavazos, with a last known address of Calle Manuel Otiz #49, Matamoros, Tamaulipas, Mexico 87394, 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 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 Guajardo-Cavazos 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, Guajardo-Cavazos 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 Guajardo-Cavazos and shall be published in the **Federal Register** . *Sixth,* this Order is effective immediately and shall remain in effect until November 12, 2027. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023-10102 Filed 5-11-23; 8:45 am]
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- 50 USC 4801-4852
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