In the Matter of: Melanie Ann Espinoza, 6605 W Pasadena Ave. Apt. 3, Glendale, AZ 85301; Order Denying Export Privileges
| Published date | 17 July 2024 |
| Record Number | 2024-15636 |
| Citation | 89 FR 58103 |
| Court | Industry And Security Bureau |
| Section | Notices |
Federal Register, Volume 89 Issue 137 (Wednesday, July 17, 2024)
[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Notices]
[Page 58103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15636]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Melanie Ann Espinoza, 6605 W Pasadena Ave. Apt.
3, Glendale, AZ 85301; Order Denying Export Privileges
On August 26, 2021, in the U.S. District Court for the District of
Arizona, Melanie Ann Espinoza (``Espinoza'') was convicted of violating
18 U.S.C. 554(a). Specifically, Espinoza was convicted of smuggling
approximately 7,000 rounds of Wolf 7.62 x 39 caliber ammunition, 1,500
rounds of Wolf .223 caliber ammunition, 2,000 rounds of Wolf 9 mm
caliber ammunition and 50 rounds of Magtech Super .38 ammunition. As a
result of her conviction, the Court sentenced Espinoza to nine months
of imprisonment, with credit for time served, 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 Espinoza'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 Espinoza to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a written submission from Espinoza.
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\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2024).
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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's export privileges
under the Regulations for a period of seven years from the date of
Espinoza's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Espinoza had an interest at
the time of her 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 August 26, 2028, Melanie
Ann Espinoza, with last known addresses of 6605 W. Pasadena Ave. Apt 3,
Glendale, AZ 85301, and when acting for or on her behalf, her
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 Espinoza 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
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 and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until August 26, 2028.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024-15636 Filed 7-16-24; 8:45 am]
BILLING CODE 3510-DT-P
