Notice2022-03416
In the Matter of: Ramon Aguilar-Manriquez, 1655 West Monroe Street, Apt. 21, Brownsville, TX 78520; 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
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]
[Pages 9033-9034]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03416]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Ramon Aguilar-Manriquez, 1655 West Monroe
Street, Apt. 21, Brownsville, TX 78520; Order Denying Export Privileges
On July 23, 2019, in the U.S. District Court for the Southern
District of Texas, Ramon Aguilar-Manriquez (``Aguilar-Manriquez''), was
convicted of violating 18 U.S.C. 554(a). Specifically, Aguilar-
Manriquez was convicted of knowingly attempting to export and exporting
from the United States to Mexico, approximately 2,070 rounds of
assorted ammunition. The ammunition included, 30-06 caliber, .270
caliber, .38 special ammo, .22 caliber, and .22 VMR caliber rounds, in
violation of 18 U.S.C. 554. Aguilar-Manriquez was sentenced to 34
months in prison, two years of supervised release 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. Aguilar-Manriquez's conviction
post-dates ECRA's enactment on August 13, 2018.
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BIS received notice of Aguilar-Manriquez's conviction for violating
18 U.S.C. 554, and has provided notice and opportunity for Aguilar-
Manriquez to make a written submission to BIS, as provided in Section
766.25 of the Export Administration Regulations (``EAR'' or
[[Page 9034]]
the ``Regulations''). 15 CFR 766.25.\2\ BIS has not received a written
submission from Aguilar-Manriquez.
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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 Aguilar-Manriquez's export
privileges under the Regulations for a period of 10 years from the date
of Aguilar-Manriquez's conviction. The Office of Exporter Services has
also decided to revoke any BIS-issued licenses in which Aguilar-
Manriquez had an interest at the time of his 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 Fed. Reg. 73411, November
18, 2020).
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Accordingly, it is hereby ordered:
First, from the date of this Order until July 23, 2029, Ramon
Aguilar-Manriquez, with a last known address of 1655 West Monroe
Street, Apt. 21, Brownsville, Texas 78520 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 Aguilar-Manriquez 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, Aguilar-
Manriquez 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 Aguilar-Manriquez
and shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until July 23, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-03416 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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