Notice2022-26513
Order Denying Export Privileges; In the Matter of: Jose Miguel Lazarin-Zurita, Inmate Number: 28052-509, FCI Forrest City Low, P.O. Box 9000, Forrest City, AR 72336
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
December 7, 2022
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 87 Issue 234 (Wednesday, December 7, 2022)</title>
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[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75025-75026]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26513]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the Matter of: Jose Miguel
Lazarin-Zurita, Inmate Number: 28052-509, FCI Forrest City Low, P.O.
Box 9000, Forrest City, AR 72336
On July 15, 2021, in the U.S. District Court for the Western
District of Texas, Jose Miguel Lazarin-Zurita (``Lazarin-Zurita'') was
convicted of violating Section 38 of Arms Export Control Act (22 U.S.C.
2778) (``AECA''). Specifically, Lazarin-Zurita was convicted of
willfully and knowingly attempting to export from the United States to
Mexico, a Kel-Tec PLR-16 rifle, a 60-round capacity drum magazine for
5.56mm ammunition and two empty 30-round 5.56mm magazines in violation
of 22 U.S.C. 2778. As a result of his conviction, the Court sentenced
Lazarin-Zurita to 60 months in prison with credit for time served; five
years of supervised release, and a $200 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, section
38 of the AECA, 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)
[[Page 75026]]
(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 Lazarin-Zurita's conviction for violating
section 38 of the AECA. BIS has provided notice and opportunity for
Lazarin-Zurita to make a written submission to BIS, as provided in
section 766.25 of the Export Administration Regulations (``EAR'' or the
``Regulations''). 15 CFR 766.25.\2\ BIS has not received a submission
from Lazarin-Zurita.
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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 Lazarin-Zurita's export
privileges under the Regulations for a period of 10 years from the date
of Lazarin-Zurita's conviction. The Office of Exporter Services has
also decided to revoke any BIS-issued licenses in which Lazarin-Zurita
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 July 15, 2031, Jose Miguel
Lazarin-Zurita, with a last known address of Inmate Number: 28052-509,
FCI Forrest City Low, P.O. Box 9000, Forrest City, AR 72336, 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 July 15, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-26513 Filed 12-6-22; 8:45 am]
BILLING CODE 3510-33-P
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</html>Indexed from Federal Register on December 7, 2022.
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