[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Notices]
[Pages 24516-24517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08793]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Arnoldo Vidaurri, 113 Coronado Ave., Laredo, TX 
78043; Order Denying Export Privileges

    On March 29, 2019, in the U.S. District Court for the Southern 
District of Texas, Arnoldo Vidaurri (``Vidaurri'') was convicted of 
violating 18 U.S.C. 554(a). Specifically, Vidaurri was convicted of 
fraudulently and knowingly exporting and sending, from the United 
States to Mexico, two Ruger LCP 380 pistols and 100 rounds of 
ammunition, without a Department of State export license or other 
written authorization, in violation of 18 U.S.C. 554.
    As a result of his conviction, the Court sentenced Vidaurri to 36 
months of probation, 75 hours of community service, and a $100 court 
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 Vidaurri's conviction for violating 18 
U.S.C. 554 and, as provided in Section 766.25 of the Export 
Administration Regulations (``EAR'' or the ``Regulations''). has 
provided notice and opportunity for Vidaurri to make a written 
submission to BIS. 15 CFR 766.25.\2\ BIS received

[[Page 24517]]

and considered a written submission from Vidaurri.
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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, including Vidaurri'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 
Vidaurri's export privileges under the Regulations for a period of five 
years from the date of Vidaurri's conviction. The Office of Exporter 
Services has also decided to revoke any BIS-issued licenses in which 
Vidaurri 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 
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 March 29, 2024, Arnoldo 
Vidaurri, with a last known address of 113 Coronado Ave, Laredo, TX 
78043, 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 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 (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 the Denied Person 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, the Denied 
Person 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 the Denied Person 
and shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until March 29, 2024.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-08793 Filed 4-25-22; 8:45 am]
BILLING CODE 3510-DT-P