Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices 62535 

pursuant to amendments to the Regulations (85 FR 

73411, November 18, 2020). 

1ECRA 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. 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2022). 

3The 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 3, 2027, Ruben Beltran 

Pedroza, with a last known address of 

Inmate Number: 01225–510, FCI La 

Tuna, Federal Correctional Institution, 

P.O. Box 3000, Anthony, NM 88021, 

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 (incountry) 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 Pedroza 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, Pedroza 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 Pedroza and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until November 3, 2027. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2023–19678 Filed 9–11–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Jonathan Santiago, 

Inmate Number: 01218–510, MCFP 

Springfield, Federal Medical Center, 

P.O. Box 4000, Springfield, MO 65801; 

Order Denying Export Privileges 

On October 25, 2022, in the U.S. 

District Court for the Western District of 

Texas, Jonathan Santiago (‘‘Santiago’’) 

was convicted of violating 18 U.S.C. 

554(a). Specifically, Santiago was 

convicted of smuggling a Smith & 

Wesson M&P Shield .40 pistol, SN: 

HDY2067 from the United States to 

Mexico. As a result of his conviction, 

the Court sentenced Santiago to 42 

months of confinement, with credit for 

time served and three years of 

supervised release. 

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. 

BIS received notice of Santiago’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 

Santiago to make a written submission 

to BIS. 15 CFR 766.25.2 BIS has not 

received a written submission from 

Santiago. 

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 Santiago’s export 

privileges under the Regulations for a 

period of seven years from the date of 

Santiago’s conviction. The Office of 

Exporter Services has also decided to 

revoke any BIS-issued licenses in which 

Santiago had an interest at the time of 

his conviction.3

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

October 25, 2029, Jonathan Santiago, 

with a last known address of Inmate 

Number: 01218–510, MCFP Springfield, 

Federal Medical Center, P.O. Box 4000, 

Springfield, MO 65801, 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: 


lotter on DSK11XQN23PROD with NOTICES1
62536 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices 

1ECRA 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. 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2022). 

3The 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). 

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 (incountry) 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 Santiago 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, Santiago 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 Santiago and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until October 25, 2029. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2023–19679 Filed 9–11–23; 8:45 am] 

BILLING CODE 3510–DT–P 

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. 

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. 

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

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 (incountry) to or on behalf of the Denied 


lotter on DSK11XQN23PROD with NOTICES1