On February 14, 2019, in the U.S. District Court for the Western District of Texas, Oswaldo Sanchez (“Sanchez”), was convicted of violating 18 U.S.C. 554(a). Specifically, Sanchez was convicted of knowingly facilitating the transportation and concealment and aiding and abetting the facilitation and attempted facilitation of a .50 caliber rifle from the United States to Mexico, in violation of 18 U.S.C. 554. Sanchez was sentenced to probation of four years and a $100 special assessment.
Pursuant to Section 1760(e) of the Export Control Reform Act (“ECRA”),
BIS received notice of Sanchez's conviction for violating 18 U.S.C. 554(a), and has provided notice and opportunity for Sanchez 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.
Based upon my review of the record, including Sanchez's written submission, and consultations with BIS's Office of Export Enforcement, including its Director, and the facts available to BIS, I have decided to deny Sanchez's export privileges under the Regulations for a period of 10 years from the date of Sanchez's conviction. I have also decided to revoke any BIS-issued
Accordingly, it is hereby
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.
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.