“In the Matter of: Gerardo Domingo Rodriguez-Rivera, Inmate Number 96977-279, FCI Beaumont Low, Federal Corrections Institution, P.O. Box 26020, Beaumont, TX 77720. On January 13, 2012, in the U.S. District Court, Southern District of Texas, Gerardo Domingo Rodriguez-Rivera (‘Rodriguez-Rivera’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp. IV 2010)) (‘AECA’). Specifically, Rodriguez-Rivera 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 70 AK-47 magazines, which are designated as defense articles on the United States Munitions List, without having first obtained from the Department of State a license for such export or written authorization for such export. Rodriguez-Rivera was sentenced to 46 months of imprisonment and three years of supervised release, and fined a $100 assessment. Rodriguez-Rivera is also listed on the U.S. Department of State Debarred List. Section 766.25 of the Export Administration Regulations (‘EAR’ or ‘Regulations’) provides, in pertinent part, that ‘[t]he Director of the Office of Exporter Services, in consultation with the Director of the Office of Export Enforcement, may deny the export privileges of any person who has been convicted of a violation of the Export Administration Act (‘EAA’), the EAR, or any order, license or authorization issued thereunder; any regulation, license, or order issued under the International Emergency Economic Powers Act (50 U.S.C. 1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms Export Control Act (22 U.S.C. 2778).’ 15 CFR 766.25(a); see also Section 11(h) of the EAA, 50 U.S.C. app. 2410(h). The denial of export privileges under this provision may be for a period of up to 10 years from the date of the conviction. 15 CFR 766.25(d); see also 50 U.S.C. app. 2410(h). In addition, Section 750.8 of the Regulations states that the Bureau of Industry and Security’s Office of Exporter Services may revoke any Bureau of Industry and Security (‘BIS’) licenses previously issued in which the person had an interest in at the time of his conviction.”
78 FR 37785-87
Published 06-24-2013
