Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Notices 88569 

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). 

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 Huerta-Garay 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, Huerta-Garay 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 Huerta-Garay and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until April 26, 2032. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2023–28276 Filed 12–21–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Donald Robert 

Witherow, 6651 Buffalo Road, Cresson, 

PA 16421; Order Denying Export 

Privileges 

On October 13, 2022, in the U.S. 

District Court for the Western District of 

Pennsylvania, Donald Robert Witherow 

(‘‘Witherow’’) was convicted of violating 

18 U.S.C. 554(a). Specifically, Witherow 

was convicted of smuggling firearms 

ammunition and firearms magazines 

from the United States to the 

Netherlands. 

As a result of his conviction, the 

Court sentenced Witherow to 12 months 

and one day of imprisonment, one year 

of supervised release and a $200 

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 Witherow’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 

Witherow to make a written submission 

to BIS. 15 CFR 766.25.2 BIS has not 

received a written submission from 

Witherow. 

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 Witherow’s 

export privileges under the Regulations 

for a period of three years from the date 

of Witherow’s conviction. The Office of 

Exporter Services has also decided to 

revoke any BIS-issued licenses in which 

Witherow had an interest at the time of 

his conviction.3

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

October 13, 2025, Donald Robert 

Witherow, with a last known address of 

6651 Buffalo Road, Cresson, PA 16421, 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
88570 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). 

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 Witherow 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, Witherow 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 Witherow and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until October 13, 2025. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2023–28275 Filed 12–21–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Jose Luis Garcia, 

Inmate Number: 21856–509, FCI 

Bastrop, Federal Correctional 

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

78602; Order Denying Export 

Privileges 

On December 14, 2021, in the U.S. 

District Court for the Eastern District of 

Texas, Jose Luis Garcia (‘‘Garcia’’) was 

convicted of violating 18 U.S.C. 371 and 

18 U.S.C. 554(a). Specifically, Garcia 

was convicted of conspiring to smuggle 

firearms from the United States to 

Mexico without first having obtained 

the required export license and 

authorization from the U.S. Department 

of State or U.S. Department of 

Commerce. As a result of his conviction, 

the Court sentenced Garcia to 57 months 

of imprisonment, three years of 

supervised release, $20,000 criminal 

fine 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. 

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 Garcia’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 Garcia to make a 

written submission to BIS. 15 CFR 

766.25.2 BIS has not received a written 

submission from Garcia. 

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 Garcia’s export 

privileges under the Regulations for a 

period of 10 years from the date of 

Garcia’s conviction. The Office of 

Exporter Services has also decided to 

revoke any BIS-issued licenses in which 

Garcia had an interest at the time of his 

conviction.3

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

December 14, 2031, Jose Luis Garcia, 

with a last known address of Inmate 

Number: 21856–509, FCI Bastrop, 

Federal Correctional Institution, 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; 


ddrumheller on DSK120RN23PROD with NOTICES1