Notice2022-00800
In the Matter of: Ernestina Hernandez-Juarez, 208 E Martinez Street, Pharr, TX 78577; Order Denying Export Privileges
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 18, 2022
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 87 Issue 11 (Tuesday, January 18, 2022)</title>
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[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Notices]
[Pages 2591-2592]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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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
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</html>Indexed from Federal Register on January 18, 2022.
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