Notice2023-10884
In the Matter of: David Alberto Duarte-Marquez, Calle Prol San Juan, Sur 50, Fracc San Carlos, Nogales, Sonora, Mexico 84090; 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
May 23, 2023
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 88 Issue 99 (Tuesday, May 23, 2023)</title>
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[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Notices]
[Pages 33094-33095]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10884]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: David Alberto Duarte-Marquez, Calle Prol San
Juan, Sur 50, Fracc San Carlos, Nogales, Sonora, Mexico 84090; Order
Denying Export Privileges
On January 26, 2021, in the U.S. District Court for the District of
Arizona, David Alberto Duarte-Marquez (``Duarte-Marquez'') was
convicted of violating 18 U.S.C. 554(a). Specifically, Duarte-Marquez
was convicted of smuggling and attempting to smuggle from the United
States to Mexico, M203 40 mm grenade launcher barrels. As a result of
his conviction, the Court sentenced Duarte-Marquez to 33 months of
confinement with credit for time served, three years of supervised
release and a $100 special assessment.
[[Page 33095]]
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 Duarte-Marquez'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 Duarte-Marquez to make a written submission to BIS. 15
CFR 766.25.\2\ BIS has not received a written submission from Duarte-
Marquez.
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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 Duarte-Marquez's export
privileges under the Regulations for a period of ten years from the
date of Duarte-Marquez's conviction. The Office of Exporter Services
has also decided to revoke any BIS-issued licenses in which Duarte-
Marquez 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 26, 2031, David
Alberto Duarte-Marquez, with a last known address of Calle Prol San
Juan, Sur 50, Fracc San Carlos, Nogales, Sonora, Mexico 84090, 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 Duarte-Marquez 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, Duarte-
Marquez 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 Duarte-Marquez
and shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 26, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-10884 Filed 5-22-23; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on May 23, 2023.
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