[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Notices]
[Pages 79515-79516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22336]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Rafael Alejandro Canez, Inmate Number: 74044-
308, USP Tucson, P.O. Box 24550, Tucson, AZ 85734; Order Denying Export 
Privileges

    On March 31, 2023, in the U.S. District Court for the Western 
District of Washington, Rafael Alejandro Canez (``Canez'') was 
convicted of violating 18 U.S.C. 554(a). Specifically, Canez was 
convicted of smuggling 55 magazines for AR-15 style rifles, having 
failed to apply for or obtain the necessary export license from the 
Department of Commerce. As a result of his conviction, the Court 
sentenced Canez to 35 months of imprisonment and three years of 
supervised release. The Court also imposed a consecutive sentence of 35 
months' imprisonment for Canez's conviction under 18 U.S.C. 1956(h) 
(conspiracy to commit money laundering).
    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.
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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 Canez'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 Canez to make a written submission to BIS. 15 CFR 
766.25.\2\ BIS has not received a written submission from Canez.
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    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2024).
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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 Canez's export privileges 
under the Regulations for a period of 10 years from the date of Canez's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Canez 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 March 31, 2033, Rafael 
Alejandro Canez, with last known addresses of Inmate Number: 74044-308, 
USP Tucson, P.O. Box 24550, Tucson, AZ 85734, 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 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

[[Page 79516]]

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 Canez 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, Canez 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 Canez and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until March 31, 2033.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024-22336 Filed 9-27-24; 8:45 am]
BILLING CODE 3510-DT-P