[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Notices]
[Pages 9031-9032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03417]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Bianca Garcia-Rodriguez, 3134 East 25th Street, 
Brownsville, TX 78521; Order Denying Export Privileges

    On January 8, 2020, in the U.S. District Court for the Southern 
District of Texas, Bianca Garcia-Rodriguez (``Garcia-Rodriguez'') was 
convicted of

[[Page 9032]]

violating 18 U.S.C. 554(a). Specifically, Garcia-Rodriguez was 
convicted of knowingly attempting to export from the United States to 
Mexico approximately 3,600 rounds of .223 caliber ammunition, defense 
articles on the U.S. Munitions List, 22 CFR part 221, in violation of 
18 U.S.C. 554. As a result of her conviction, the Court sentenced 
Garcia-Rodriguez to three years of probation 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 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 Garcia-Rodriguez's conviction for violating 
18 U.S.C. 554 and provided notice and opportunity for Garcia-Rodriguez 
to make a written submission to BIS, as provided in Section 766.25 of 
the Export Administration Regulations the ``Regulations''). 15 CFR 
766.25.\2\ BIS has not received a written submission from Garcia-
Rodriguez.
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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 Garcia-Rodriguez's export 
privileges under the Regulations for a period of five years from 
January 8, 2020, the date of Garcia-Rodriguez's conviction. The Office 
of Exporter Services has also decided to revoke any BIS-issued licenses 
in which Garcia-Rodriguez had an interest at the time of her 
conviction.\3\
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    \3\ The Director, Office of Export Enforcement, is the 
authorizing official for the 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 January 8, 2025, Bianca 
Garcia-Rodriguez, with a last known address of 3134 East 25th Street, 
Brownsville, TX 78521, 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 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 ECRA (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 Garcia-Rodriguez 
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-
Rodriguez 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-Rodriguez 
and shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until January 8, 2025.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-03417 Filed 2-16-22; 8:45 am]
BILLING CODE 3510-DT-P