Notice2023-10967
In the Matter of: Jacobo Javier Garza-Solis, 1614 Solar Dr., Mission, TX 78572; 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 33095-33096]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10967]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Jacobo Javier Garza-Solis, 1614 Solar Dr.,
Mission, TX 78572; Order Denying Export Privileges
On October 16, 2020, in the U.S. District Court for the Southern
District of Texas, Jacobo Javier Garza-Solis (``Garza-Solis'') was
convicted of violating section 38 of the Arms Export Control Act (22
U.S.C 2778) (``AECA''). Specifically, Garza-Solis was convicted of
knowingly and willfully exporting and causing to be exported and
attempting to export and attempting to cause to be exported from the
United States to Mexico, one Glock, .40 caliber, semiautomatic handgun
charged with a magazine containing 13 rounds of ammunition and
approximately 1,540 rounds of 7.62 x 39mm ammunition, which were
designated as defense articles on the United States Munitions List,
without first obtaining from the Department of State a license for such
export or written authorization. As a result of his conviction, the
Court sentenced Garza-Solis to 82 months in prison, three years of
supervised release and a $100 assessment.
Pursuant to section 1760(e) of the Export Control Reform Act
(``ECRA''), 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. See 50 U.S.C. 4819(e). In addition, any Bureau
of Industry and Security (``BIS'') licenses or other authorizations
issued under
[[Page 33096]]
ECRA, in which the person had an interest at the time of the
conviction, may be revoked. Id.
BIS received notice of Garza-Solis's conviction for violating
Section 38 of the AECA. BIS provided notice and opportunity for Garza-
Solis 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 written
submission from Garza-Solis.
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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 Garza-Solis's export
privileges under the Regulations for a period of 10 years from the date
of Garza-Solis's conviction. The Office of Exporter Services has also
decided to revoke any BIS-issued licenses in which Garza-Solis 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 October 16, 2030, Jacobo
Javier Garza-Solis, with a last known address of 1614 Solar Dr.,
Mission, TX 78572, 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 Garza-Solis 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, Garza-Solis
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 Garza-Solis and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until October 16, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-10967 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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