[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Notices]
[Pages 2591-2592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00800]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Ernestina Hernandez-Juarez, 208 E Martinez 
Street, Pharr, TX 78577; Order Denying Export Privileges

    On June 25, 2019, in the U.S. District Court for the Southern 
District of Texas, Ernestina Hernandez-Juarez (``Hernandez-Juarez'') 
was convicted of violating 18 U.S.C. 554(a). Specifically, Hernandez-
Juarez was convicted of fraudulently and knowingly exporting and 
sending or attempting to export and send from the United States to 
Mexico, 40 Level III AR500 steel body armor plates. Hernandez-Juarez 
was sentenced to 18 months in prison 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) (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.
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    \1\ ECRA was enacted 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. Hernandez-Juarez's conviction post-
dates ECRA's enactment on August 13, 2018.
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    BIS received notice of Hernandez-Juarez's conviction for violating 
18 U.S.C. 554, and has provided notice and opportunity for Hernandez-
Juarez 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 not received a written 
submission from Hernandez-Juarez.
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    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2021).
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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 Hernandez-Juarez's export 
privileges under the Regulations for a period of 10 years from the date 
of Hernandez-Juarez's conviction. The Office of Exporter Services has 
also decided to revoke any BIS-issued licenses in which Hernandez-
Juarez had an interest at the time of her conviction.\3\
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    \3\ The Director, Office of Export Enforcement, is now the 
authorizing official for issuance of denial orders, pursuant to 
recent 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 June 25, 2029, Ernestina 
Hernandez-Juarez, with a last known address of 208 E Martinez Street, 
Pharr, TX 78577, 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

[[Page 2592]]

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 Hernandez-Juarez 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, Hernandez-
Juarez 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 Hernandez-Juarez 
and shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until June 25, 2029.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-00800 Filed 1-14-22; 8:45 am]
BILLING CODE 3510-DT-P