Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices 88571 

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). 

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 Garcia 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, Garcia 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 Garcia and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until December 14, 2031. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2023–28270 Filed 12–21–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Edson Daniel 

Montelongo, Inmate Number: 75304– 

509, FCI Bastrop. P.O. Box 1010, 

Bastrop, TX 78602; Order Denying 

Export Privileges 

On July 22, 2022, in the U.S. District 

Court for the Southern District of Texas, 

Edson Daniel Montelongo 

(‘‘Montelongo’’) was convicted of 

violating 18 U.S.C. 554. Specifically, 

Montelongo was convicted of smuggling 

various firearms from the United States 

to Mexico. As a result of his conviction, 

the Court sentenced him to 70 months 

in prison, three years of supervised 

release, and a $500 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, 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 Montelongo’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 

Edson Daniel Montelongo to make a 

written submission to BIS. 15 CFR 

766.25.2 BIS has not received a written 

submission from Montelongo. 

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 Montelongo’s 

export privileges under the Regulations 

for a period of 10 years from the date of 

Montelongo’s conviction. The Office of 

Exporter Services has also decided to 

revoke any BIS-issued licenses in which 

Montelongo had an interest at the time 

of his conviction.3

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

July 22, 2032, Edson Daniel 

Montelongo, with a last known address 

of Inmate Number: 75304–509, FCI 

Bastrop, P.O. Box 1010, Bastrop, TX 

78602 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 Edson Daniel Montelongo by 


ddrumheller on DSK120RN23PROD with NOTICES1
88572 Federal Register / Vol. 88, No. 245 / Friday, December 22, 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). 

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, Montelongo 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 Montelongo and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until July 22, 2032. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2023–28271 Filed 12–21–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Tina Chen a/k/a Ya 

When Chen, a/k/a Wen Tina Chen, a/k/ 

a Tina Dunbar, a/k/a Tina Dubner, 

Inmate Number: 47268–509, FMC 

Carswell, Federal Medical Center, P.O. 

Box 27137, Fort Worth, TX 76127; 

Order Denying Export Privileges 

On February 23, 2023, in the U.S. 

District Court for the District of Nevada, 

Tina Chen, a/k/a Ya When Chen, a/k/a 

Wen Tina Chen, a/k/a Tina Dunbar, a/ 

k/a Tina Dubner (‘‘Chen’’), was 

convicted of violating the International 

Emergency Economic Powers Act (50 

U.S.C 1701, et seq.) (‘‘IEEPA’’). 

Specifically, Chen was convicted of 

exporting goods from the United States 

to Iran without the required licenses 

from the Office of Foreign Assets 

Control. As a result of her conviction, 

the Court sentenced Chen to 13 months 

of 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, IEEPA, 

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) (Prior 

Convictions). 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 Chen’s 

conviction for violating IEEPA, and has 

provided notice and opportunity for 

Chen 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 received and 

considered a written submission from 

Chen. 

Based upon my review of the record, 

including Chen’s submission, and 

consultations with BIS’s Office of 

Exporter Services, including its 

Director, and the facts available to BIS, 

I have decided to deny Chen’s export 

privileges under the Regulations for a 

period of ten years from the date of 

Chen’s conviction. The Office of 

Exporter Services has also decided to 

revoke any BIS-issued licenses in which 

Chen had an interest at the time of her 

conviction.3

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

February 23, 2033, Tina Chen, a/k/a Ya 

When Chen, a/k/a Wen Tina Chen, a/k/ 

a Tina Dunbar, a/k/a Tina Dubner, with 

a last known address of Inmate Number: 

47268–509, FMC Carswell, Federal 

Medical Center, P.O. Box 27137, Fort 

Worth, TX 76127, 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 (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 

the Export Control Reform Act (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 Chen 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, Chen 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 


ddrumheller on DSK120RN23PROD with NOTICES1