Notice2022-08793
In the Matter of: Arnoldo Vidaurri, 113 Coronado Ave., Laredo, TX 78043; 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
April 26, 2022
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 87 Issue 80 (Tuesday, April 26, 2022)</title>
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[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Notices]
[Pages 24516-24517]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08793]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Arnoldo Vidaurri, 113 Coronado Ave., Laredo, TX
78043; Order Denying Export Privileges
On March 29, 2019, in the U.S. District Court for the Southern
District of Texas, Arnoldo Vidaurri (``Vidaurri'') was convicted of
violating 18 U.S.C. 554(a). Specifically, Vidaurri was convicted of
fraudulently and knowingly exporting and sending, from the United
States to Mexico, two Ruger LCP 380 pistols and 100 rounds of
ammunition, without a Department of State export license or other
written authorization, in violation of 18 U.S.C. 554.
As a result of his conviction, the Court sentenced Vidaurri to 36
months of probation, 75 hours of community service, and a $100 court
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 Vidaurri's conviction for violating 18
U.S.C. 554 and, as provided in Section 766.25 of the Export
Administration Regulations (``EAR'' or the ``Regulations''). has
provided notice and opportunity for Vidaurri to make a written
submission to BIS. 15 CFR 766.25.\2\ BIS received
[[Page 24517]]
and considered a written submission from Vidaurri.
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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, including Vidaurri's submission
and consultations with BIS's Office of Exporter Services, including its
Director, and the facts available to BIS, I have decided to deny
Vidaurri's export privileges under the Regulations for a period of five
years from the date of Vidaurri's conviction. The Office of Exporter
Services has also decided to revoke any BIS-issued licenses in which
Vidaurri 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 March 29, 2024, Arnoldo
Vidaurri, with a last known address of 113 Coronado Ave, Laredo, TX
78043, 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 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 the Denied Person 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, the Denied
Person 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 the Denied Person
and shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until March 29, 2024.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-08793 Filed 4-25-22; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on April 26, 2022.
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