In the Matter of: Chris Rodriguez, 20 Liberty Drive, Thomasville, NC 27360; Order Denying Export Privileges
| Published date | 03 June 2021 |
| Citation | 86 FR 29741 |
| Record Number | 2021-11648 |
| Section | Notices |
| Court | Industry And Security Bureau |
Federal Register, Volume 86 Issue 105 (Thursday, June 3, 2021)
[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29741-29742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11648]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Chris Rodriguez, 20 Liberty Drive, Thomasville,
NC 27360; Order Denying Export Privileges
On October 18, 2019, in the U.S. District Court for the Eastern
District of Virginia, Chris Rodriguez (``Rodriguez''), was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778)
(``AECA''). Specifically, Rodriguez was convicted of willfully
attempting to export, exporting and causing to be exported from the
United States to San Pedro Sula, Honduras, defense articles, that is 27
firearms and hundreds of rounds of ammunition, which were and are
designated as defense articles on the United States Munitions List,
without having first obtained from the Department of State, a license
for such exports or written authorization for such exports. Rodriguez
was sentenced to 18 months in prison, supervised release for three
years and a $100 assessment. Rodriguez was also placed on the U.S.
Department of State Debarred List.
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, Section
38 of the AECA, 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) (Prior Convictions).
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 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. Rodriguez's conviction post-dates
ECRA's enactment on August 13, 2018.
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BIS received notice of Rodriguez's conviction for violating Section
38 of the AECA, and has provided notice and opportunity for Rodriguez
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 received a written submission from Rodriguez.
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\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR Parts 730-774 (2021).
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Based upon my review of the record, including Rodriguez's written
response, and consultations with BIS's Office of Exporter Services,
including its Director, and the facts available to BIS, I have decided
to deny Rodriguez's export privileges under the Regulations for a
period of seven years from the date of Rodriguez's conviction. The
Office of Exporter Services has also decided to revoke any BIS-issued
licenses in which Rodriguez had an interest at the time of his
conviction.\3\
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\3\ The Director, Office of Export Enforcement, is now the
authorizing official for issuance of denial orders, pursuant to
recent 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 18, 2026, Chris
Rodriguez, with a last known address of 20 Liberty Drive, Thomasville,
NC 27360, 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 or reexport 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 the Export Control Reform Act
(50 U.S.C. 4819(e)) and Sections 766.23 and 766.25 of the Regulations,
any other
[[Page 29742]]
person, firm, corporation, or business organization related to
Rodriguez 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, Rodriguez
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 Rodriguez and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until October 18, 2026.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-11648 Filed 6-2-21; 8:45 am]
BILLING CODE 3510-DT-P
