Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices 39109 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2017). The Regulations issued pursuant to the 

Export Administration Act (50 U.S.C. 4601–4623 

(Supp. III 2015) (available at http://

uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since 

August 21, 2001, the Act has been in lapse and the 

President, through Executive Order 13222 of August 

17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which 

has been extended by successive Presidential 

Notices, the most recent being that of August 4, 

2016 (81 FR 52,587 (Aug. 8, 2016)), has continued 

the Regulations in effect under the International 

Emergency Economic Powers Act (50 U.S.C. 1701, 

et seq. (2012)). 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Ricardo Humberto 

Varela, Inmate Number: 85044–379, 

Federal Correctional Institution 

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

78602 

Order Denying Export Privileges 

On February 8, 2016, in the U.S. 

District Court for the Southern District 

of Texas, Ricardo Humberto Varela 

(‘‘Varela’’) was convicted of violating 

Section 38 of the Arms Export Control 

Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). 

Specifically, Varela was convicted of 

intentionally and knowingly conspiring 

and agreeing to knowingly and willfully 

export and cause to be exported from 

the United States to Mexico defense 

articles designated on the United States 

Munitions List, namely, 5.56 caliber 

rifles, without the required U.S. 

Department of State licenses. Varela was 

sentenced to 46 months in prison, three 

years of supervised release, and a $200 

assessment. 

Section 766.25 of the Export 

Administration Regulations (‘‘EAR’’ or 

‘‘Regulations’’) 1 provides, in pertinent 

part, that ‘‘[t]he Director of the Office of 

Exporter Services, in consultation with 

the Director of the Office of Export 

Enforcement, may deny the export 

privileges of any person who has been 

convicted of a violation of the EAA 

[Export Administration Act], the EAR, 

or any order, license, or authorization 

issued thereunder; any regulation, 

license or order issued under the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706); 18 

U.S.C. 793, 794 or 798; section 4(b) of 

the Internal Security Act of 1950 (50 

U.S.C. 783(b)); or section 38 of the Arms 

Export Control Act (22 U.S.C. 2778).’’ 15 

CFR 766.25(a); see also Section 11(h) of 

the EAA, 50 U.S.C. 4610(h). The denial 

of export privileges under this provision 

may be for a period of up to 10 years 

from the date of the conviction. 15 CFR 

766.25(d); see also 50 U.S.C. 4610(h). In 

addition, Section 750.8 of the 

Regulations states that the Bureau of 

Industry and Security’s Office of 

Exporter Services may revoke any 

Bureau of Industry and Security (‘‘BIS’’) 

licenses previously issued pursuant to 

the Export Administration act (‘‘EAA’’ 

or ‘‘the Act’’) in which the person had 

an interest at the time of his conviction. 

BIS has received notice of Varela’s 

conviction for violating the AECA, and 

has provided notice and an opportunity 

for Varela to make a written submission 

to BIS, as provided in Section 766.25 of 

the Regulations. BIS has not received a 

submission from Varela. 

Based upon my review and 

consultations with BIS’s Office of 

Export Enforcement, including its 

Director, and the facts available to BIS, 

I have decided to deny Varela’s export 

privileges under the Regulations for a 

period of five years from the date of 

Varela’s conviction. I have also decided 

to revoke all licenses issued pursuant to 

the Act or Regulations in which Varela 

had an interest at the time of his 

conviction. 

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

February 8, 2021, Ricardo Humberto 

Varela, with a last known address of 

Inmate Number: 85044–379, Federal 

Correctional Institution Bastrop, 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 or reexport 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, after notice and opportunity for 

comment as provided in Section 766.23 

of the Regulations, any other person, 

firm, corporation, or business 

organization related to Varela 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, Varela 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 Varela and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until February 8, 2021. 


sradovich on DSK3GMQ082PROD with NOTICES
39110 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2017). The Regulations issued pursuant to the 

Export Administration Act (50 U.S.C. 4601–4623 

(Supp. III 2015) (available at http://

uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since 

August 21, 2001, the Act has been in lapse and the 

President, through Executive Order 13222 of August 

17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which 

has been extended by successive Presidential 

Notices, the most recent being that of August 4, 

2016 (81 FR 52,587 (Aug. 8, 2016)), has continued 

the Regulations in effect under the International 

Emergency Economic Powers Act (50 U.S.C. 1701, 

et seq. (2012)). 

Issued: August 10, 2017. 

Karen H. Nies-Vogel, 

Director, Office of Exporter Services. 

[FR Doc. 2017–17373 Filed 8–16–17; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Jose Luis BenavidesCira, Inmate Number: 85055–379, Great 

Plains Correctional Institution, P.O. 

Box 400, Hinton, OK 73047 

Order Denying Export Privileges 

On November 30, 2015, in the U.S. 

District Court for the Southern District 

of Texas, Jose Luis Benavides-Cira was 

convicted of violating Section 38 of the 

Arms Export Control Act (22 U.S.C. 

2778 (2012)) (‘‘AECA’’). Specifically, 

Jose Luis Benavides-Cira was convicted 

of intentionally and knowingly 

conspiring and agreeing with other 

persons to knowingly and willfully 

export, and cause to be exported, from 

the United States to Mexico defense 

articles designated on the United States 

Munitions List, namely, 5.56 caliber 

rifles, without the required U.S. 

Department of State licenses. Jose Luis 

Benavides-Cira was sentenced to 46 

months in prison and a $100 

assessment. 

Section 766.25 of the Export 

Administration Regulations (‘‘EAR’’ or 

‘‘Regulations’’) 1 provides, in pertinent 

part, that ‘‘[t]he Director of the Office of 

Exporter Services, in consultation with 

the Director of the Office of Export 

Enforcement, may deny the export 

privileges of any person who has been 

convicted of a violation of the EAA 

[Export Administration Act], the EAR, 

or any order, license, or authorization 

issued thereunder; any regulation, 

license or order issued under the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706); 18 

U.S.C. 793, 794 or 798; section 4(b) of 

the Internal Security Act of 1950 (50 

U.S.C. 783(b)); or section 38 of the Arms 

Export Control Act (22 U.S.C. 2778).’’ 15 

CFR 766.25(a); see also Section 11(h) of 

the EAA, 50 U.S.C. 4610(h). The denial 

of export privileges under this provision 

may be for a period of up to 10 years 

from the date of the conviction. 15 CFR 

766.25(d); see also 50 U.S.C. 4610(h). In 

addition, Section 750.8 of the 

Regulations states that the Bureau of 

Industry and Security’s Office of 

Exporter Services may revoke any 

Bureau of Industry and Security (‘‘BIS’’) 

licenses previously issued pursuant to 

the Export Administration Act (‘‘EAA’’ 

or ‘‘the Act’’) or the Regulations in 

which the person had an interest at the 

time of his conviction. 

BIS has received notice of Jose Luis 

Benavides-Cira’s conviction for 

violating Section 38 of the AECA, and 

has provided notice and an opportunity 

for Jose Luis Benavides-Cira to make a 

written submission to BIS, as provided 

in Section 766.25 of the Regulations. 

BIS has not received a submission from 

Jose Luis Benavides-Cira. 

Based upon my review and 

consultations with BIS’s Office of 

Export Enforcement, including its 

Director, and the facts available to BIS, 

I have decided to deny Jose Luis 

Benavides-Cira’s export privileges under 

the Regulations for a period of five years 

from the date of Jose Luis BenavidesCira’s conviction. I have also decided to 

revoke all licenses issued pursuant to 

the Act or Regulations in which Jose 

Luis Benavides-Cira had an interest at 

the time of his conviction. 

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

November 30, 2020, Jose Luis 

Benavides-Cira, with a last known 

address of Inmate Number: 85055–379, 

Great Plains Correctional Institution, 

P.O. Box 400, Hinton, OK 73047, 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 or reexport 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, after notice and opportunity for 

comment as provided in Section 766.23 

of the Regulations, any other person, 

firm, corporation, or business 

organization related to Jose Luis 

Benavides-Cira 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, Jose Luis BenavidesCira 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 


sradovich on DSK3GMQ082PROD with NOTICES