Notice2022-03417
In the Matter of: Bianca Garcia-Rodriguez, 3134 East 25th Street, Brownsville, TX 78521; 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 9031-9032]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03417]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Bianca Garcia-Rodriguez, 3134 East 25th Street,
Brownsville, TX 78521; Order Denying Export Privileges
On January 8, 2020, in the U.S. District Court for the Southern
District of Texas, Bianca Garcia-Rodriguez (``Garcia-Rodriguez'') was
convicted of
[[Page 9032]]
violating 18 U.S.C. 554(a). Specifically, Garcia-Rodriguez was
convicted of knowingly attempting to export from the United States to
Mexico approximately 3,600 rounds of .223 caliber ammunition, defense
articles on the U.S. Munitions List, 22 CFR part 221, in violation of
18 U.S.C. 554. As a result of her conviction, the Court sentenced
Garcia-Rodriguez to three years of probation 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 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 Garcia-Rodriguez's conviction for violating
18 U.S.C. 554 and provided notice and opportunity for Garcia-Rodriguez
to make a written submission to BIS, as provided in Section 766.25 of
the Export Administration Regulations the ``Regulations''). 15 CFR
766.25.\2\ BIS has not received a written submission from Garcia-
Rodriguez.
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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 Garcia-Rodriguez's export
privileges under the Regulations for a period of five years from
January 8, 2020, the date of Garcia-Rodriguez's conviction. The Office
of Exporter Services has also decided to revoke any BIS-issued licenses
in which Garcia-Rodriguez had an interest at the time of her
conviction.\3\
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\3\ The Director, Office of Export Enforcement, is the
authorizing official for the 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 January 8, 2025, Bianca
Garcia-Rodriguez, with a last known address of 3134 East 25th Street,
Brownsville, TX 78521, 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 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 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 Garcia-Rodriguez
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, Garcia-
Rodriguez 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 Garcia-Rodriguez
and shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 8, 2025.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-03417 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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