Notice2023-08126
In the Matter of: Damian Espinoza-Gonzalez, 6707 South Caballo Road, Tucson, AZ 85701; 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 18, 2023
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 88 Issue 74 (Tuesday, April 18, 2023)</title>
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[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Notices]
[Pages 23622-23623]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08126]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Damian Espinoza-Gonzalez, 6707 South Caballo
Road, Tucson, AZ 85701; Order Denying Export Privileges
On April 6, 2021, in the U.S. District Court for the District of
Arizona, Damian Espinoza-Gonzalez (``Espinoza-Gonzalez'') was convicted
of violating 18 U.S.C. 371 and 18 U.S.C. 554(a). Specifically,
Espinoza-Gonzalez was convicted of conspiracy and of unlawfully
smuggling, and attempting to smuggle, firearms and ammunition from the
United States to Mexico. As a result of his conviction, the Court
sentenced Espinoza-Gonzalez to time served, 36 months of supervised
release, a $200 special assessment and $1,500 criminal fine.
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.
371 and 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 Espinoza-Gonzalez's conviction for violating
18 U.S.C. 371 and 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 Espinoza-Gonzalez to make a written
submission to BIS. 15 CFR 766.25.\2\ BIS has not received a written
submission from Espinoza-Gonzalez.
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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 Espinoza-Gonzalez's export
privileges under the Regulations for a period of 10 years from the date
of Espinoza-Gonzalez's conviction. The Office of Exporter Services has
also decided to revoke any BIS-issued licenses in which Espinoza-
Gonzalez 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 April 6, 2031, Damian
Espinoza-Gonzalez, with a last known address of 6707 South Caballo
Road, Tucson, AZ 85701, 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
[[Page 23623]]
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 Espinoza-Gonzalez 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, Espinoza-
Gonzalez 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 Espinoza-Gonzalez
and shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until April 6, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-08126 Filed 4-17-23; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on April 18, 2023.
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