[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Notices]
[Pages 68557-68558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23998]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 Order Denying Export Privileges; In the Matter of: Junior Joel 
Joseph, 5808 Turkey Lake Road, Orlando, FL 32819

    On April 12, 2019, in the U.S. District Court for the Southern 
District of Florida, Junior Joel Joseph (``Junior Joseph'') was 
convicted of violating 18 U.S.C. 371, Section 38 of the Arms Export 
Control Act, 22 U.S.C.A. 2778 (2012) (``AECA''), the International 
Emergency Economic Powers Act (50 U.S.C 1701, et seq. (2012)) 
(``IEEPA'') and 18 U.S.C. 554(a). Specifically, Junior Joseph was 
convicted of conspiring to illegally export and send firearms and 
ammunition from the United States to Haiti without having obtained the 
required authorization, license, or approval, in violation of 18 U.S.C. 
371; of knowingly and willfully exporting and causing to be exported 
from the United States to Haiti, defense articles, AR-15 Type Rifles, 
Glock semi-automatic pistols, and ammunition, without first having 
obtained the required authorization from the U.S. Department of State, 
in violation of Section 38 of the AECA; of knowingly and willfully 
exporting and causing to be exported from the United States to Haiti, 
Standard Manufacturing Model DP-12 shotguns and Rossi Model ST12 
shotguns with a barrel length in excess of eighteen (18) inches, 
without first having obtained the required authorization from the U.S. 
Department of Commerce, in violation of IEEPA; and of fraudulently and 
knowingly exporting, sending, and attempting to export AR-15 Type 
Rifles, Glock semi-automatic pistols, and ammunition from the United 
States to Haiti, in violation 18 U.S.C. 554. Junior Joseph was 
sentenced to 16 months in prison, three years of supervised release, 
and a $500 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, 
violations of 18 U.S.C. 371, Section 38 of the AECA, IEEPA and 18 
U.S.C. 554(a), 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.
---------------------------------------------------------------------------

    \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. Junior Joseph's conviction post-
dates ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------

    BIS received notice of Junior Joseph's conviction for violating 18 
U.S.C. 371, Section 38 of the AECA, IEEPA and 18 U.S.C. 554(a), and has 
provided notice and opportunity for Junior Joseph 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 not received a written submission from Junior 
Joseph.
---------------------------------------------------------------------------

    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2020). The Regulations 
originally issued under the Export Administration Act of 1979, as 
amended, 50 U.S.C. 4601-4623 (Supp. III 2015) (``EAA''), which 
lapsed on August 21, 2001. The President, through Executive Order 
13,222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which was 
extended by successive Presidential Notices, continued the 
Regulations in full force and effect under the International 
Emergency Economic Powers Act, 50 U.S.C. 1701, et seq. (2012) 
(``IEEPA''). Section 1768 of ECRA, 50 U.S.C. 4826, provides in 
pertinent part that all rules and regulations that were made or 
issued under the EAA, including as continued in effect pursuant to 
IEEPA, and were in effect as of ECRA's date of enactment (August 13, 
2018), shall continue in effect according to their terms until 
modified, superseded, set aside, or revoked through action 
undertaken pursuant to the authority provided under ECRA. See note 
1, supra.
---------------------------------------------------------------------------

    Based upon my review of the record and consultations with BIS's 
Office of Export Enforcement, including its Director, and the facts 
available to BIS, I have decided to deny Junior Joseph's export 
privileges under the Regulations for a period of seven years from the 
date of Junior Joseph's conviction. I have also decided to revoke any 
BIS-issued licenses in which Junior Joseph had an interest at the time 
of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until April 12, 2026, Junior 
Joseph, with a last known address of 5808 Turkey Lake Road, Orlando, FL 
32819, and when acting for or on his behalf, his successors, assigns, 
employees, agents or representatives (``the Denied

[[Page 68558]]

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 person, firm, corporation, or business organization related 
to Junior Joseph 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, Junior 
Joseph 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 Junior Joseph and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until April 12, 2026.

Hillary Hess,
Acting Director, Office of Exporter Services.
[FR Doc. 2020-23998 Filed 10-28-20; 8:45 am]
BILLING CODE 3510-DT-P