Notice2022-18550
In the Matter of: Mr. Julio Cesar Vega-Amaral C Copill 11 Barr Del Composanto Tixtla, de Guerrero Guerrero, Mexico 39170; 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
August 29, 2022
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 87 Issue 166 (Monday, August 29, 2022)</title>
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[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Notices]
[Pages 52741-52742]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18550]
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DEPARTMENT OF COMMERCE
Bureau of Industry And Security
In the Matter of: Mr. Julio Cesar Vega-Amaral C Copill 11 Barr
Del Composanto Tixtla, de Guerrero Guerrero, Mexico 39170; Order
Denying Export Privileges
On February 12, 2020, in the U.S. District Court for the Southern
District of Texas, Julio Cesar Vega-Amaral (``Vega-Amaral'') was
convicted of violating 18 U.S.C. 554(a). Specifically, Vega-Amaral was
convicted of knowingly attempting to export, and exporting, from the
United States to the Mexico, merchandise, articles, and objects, to
wit: 4,325 live rounds of ammunition consisting of various calibers, in
violation of 18 U.S.C. 554. As a result of his conviction, the Court
sentenced Vega-Amaral to 24 months in
[[Page 52742]]
prison, three years of supervised release, 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). 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 Vega-Amaral's conviction for violating 18
U.S.C. 554. As provided in Section 766.25 of the Export Administration
Regulations (``EAR'' or the ``Regulations''), BIS provided notice and
opportunity for Vega-Amaral to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a written submission from Vega-Amaral.
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\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2022).
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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 Vega-Amaral's export
privileges under the Regulations for a period of seven years from the
date of Vega-Amaral's conviction. The Office of Exporter Services has
also decided to revoke any BIS-issued licenses in which Vega-Amaral 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 February 12, 2027, Julio
Cesar Vega-Amaral, with a last known address of C Copill 11 Barr Del
Composanto, Tixtla, de Guerrero Guerrero, Mexico 39170, 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 and Sections 766.23 and
766.25 of the Regulations, any other person, firm, corporation, or
business organization related to Vega-Amaral 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, Vega-Amaral
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 Vega-Amaral and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until February 12, 2027.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-18550 Filed 8-26-22; 8:45 am]
BILLING CODE 3510-DT-P
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