Notice2022-03413
Order Denying Export Privileges; In the Matter of: Abdiel Padron Madrid, Inmate Number: 42167-480, FCI La Tuna, Federal Correctional Institution, P.O. Box 3000, Anthony, NM 88021
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
February 17, 2022
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 87 Issue 33 (Thursday, February 17, 2022)</title>
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[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Notices]
[Page 9030]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03413]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the Matter of: Abdiel Padron
Madrid, Inmate Number: 42167-480, FCI La Tuna, Federal Correctional
Institution, P.O. Box 3000, Anthony, NM 88021
On June 17, 2020, in the U.S. District Court for the Western
District of Texas, Abdiel Padron Madrid (``Madrid'') was convicted of
violating 18 U.S.C. 554(a). Specifically, Madrid was convicted of
receiving, concealing, buying, selling and facilitating the
transportation and willfully and knowingly attempting to export and
send from the United States to Mexico, six thousand three hundred and
eighty (6,380) rounds of various caliber ammunition, which at the time
of the attempted export were defense articles as defined under the
United States Munitions List, in violation of 18 U.S.C. 554. As a
result of his conviction, the Court sentenced Madrid to 57 months
imprisonment with credit for time served, three years of supervised
release, and a $200 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 Madrid's conviction for violating 18 U.S.C.
554, and has provided notice and opportunity for Madrid 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 Madrid.
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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 Madrid's export privileges
under the Regulations for a period of 10 years from the date of
Madrid's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Madrid 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 June 17, 2030, Abdiel
Padron Madrid, with a last known address of, Inmate Number: 42167-480,
FCI La Tuna, Federal Correctional Institution, P.O. Box 3000, Anthony,
NM 88021, 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 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 Madrid 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, Madrid 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 Madrid and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until June 17, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-03413 Filed 2-16-22; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on February 17, 2022.
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