Notice2023-28276
In the Matter of: Angel Huerta-Garay, Inmate Number: 67193-509, FCI Beaumont, P.O. Box 26020, Beaumont, TX 77720; 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
December 22, 2023
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 88 Issue 245 (Friday, December 22, 2023)</title>
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[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88568-88569]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28276]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Angel Huerta-Garay, Inmate Number: 67193-509,
FCI Beaumont, P.O. Box 26020, Beaumont, TX 77720; Order Denying Export
Privileges
On April 26, 2022, in the U.S. District Court for the Southern
District of Texas, Angel Huerta-Garay (``Huerta-Garay'') was convicted
of violating 18 U.S.C. 554. Specifically, Huerta-Garay was convicted of
exporting and sending, and attempting to export and send, various
firearms from the United States to Mexico. As a result of his
conviction, the Court sentenced him to 52 months in prison, three years
of supervised release, and a $100 special 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, 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 Huerta-Garay'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 Huerta-Garay to make a written submission to BIS. 15
CFR 766.25.\2\ BIS has not received a written submission from Huerta-
Garay.
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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 Huerta-Garay's export
privileges under the Regulations for a period of 10 years from the date
of Huerta-Garay's conviction. The Office of Exporter Services has also
decided to revoke any BIS-issued licenses in which Huerta-Garay 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 26, 2032, Angel
Huerta-Garay, with a last known address of Inmate Number: 67193-509,
FCI Beaumont, P.O. Box 26020, Beaumont, TX 77720, 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,
[[Page 88569]]
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 Huerta-Garay 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, Huerta-
Garay 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 Huerta-Garay and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until April 26, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-28276 Filed 12-21-23; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on December 22, 2023.
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