Notice2022-19446
Order Denying Export Privileges; In the Matter of: Javier Melesio Deleon, Inmate Number: 48161-480, FMC Fort Worth, Federal Medical Center, P.O. Box 15330, Fort Worth, TX 76119
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
September 8, 2022
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 87 Issue 173 (Thursday, September 8, 2022)</title>
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54955-54956]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19446]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the Matter of: Javier Melesio
Deleon, Inmate Number: 48161-480, FMC Fort Worth, Federal Medical
Center, P.O. Box 15330, Fort Worth, TX 76119
On January 21, 2021, in the U.S. District Court for the Western
District of Texas, Javier Melesio Deleon (``DeLeon'') was convicted of
violating 18 U.S.C. 554(a). Specifically, DeLeon was convicted of
knowingly and unlawfully concealing, buying or facilitating the
transportation and concealment of any merchandise, article and object
from the United States to Mexico, to wit: a SCCY, model CPX-1, 9mm
caliber pistol; a Taurus, Model PT 138 PRO, .38 caliber; a Taurus,
Model PT 111 G2, 9mm; a Smith & Wesson, model SD40 VE, .40 caliber; and
a Taurus, model 82, .38 special caliber revolver. As a result of his
conviction, the Court sentenced Deleon to 46 months in prison, three
years supervised release, $900 court assessment and forfeiture in the
amount of $1,040.
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 DeLeon'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 DeLeon to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has received and considered a written submission from
DeLeon.
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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, including Mr. DeLeon's written
submission, and consultations with BIS's Office of Exporter Services,
including its Director, and the facts available to BIS, I have decided
to deny DeLeon's export privileges under the Regulations for a period
of seven years from the date of DeLeon's conviction. The Office of
Exporter Services has also decided to revoke any BIS-issued licenses in
which DeLeon 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
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 21, 2028, Javier
Melesio Deleon, with a last known address of Inmate Number: 48161-480,
FMC Fort Worth, Federal Medical Center, P.O. Box 15330, Fort Worth, TX
76119, 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
[[Page 54956]]
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 DeLeon 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, DeLeon 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 DeLeon and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 21, 2028.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-19446 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DT-P
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