[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Notices]
[Pages 68558-68559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24000]


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

 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 Order Denying Export Privileges; In the Matter of: Jimy Joseph, 
5764 Grand Canyon Drive, Orlando, FL 32810

    On May 22, 2019, in the U.S. District Court for the Southern 
District of Florida, Jimy Joseph was convicted of violating 18 U.S.C. 
371 and 18 U.S.C. 554(a). Specifically, Jimy 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; and 
for 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. Jimy 
Joseph was sentenced to 16 months in prison, three years of supervised 
release, and a $200 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. 
371 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. Jimy Joseph's conviction post-dates 
ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------

    BIS received notice of Jimy Joseph's conviction for violating 18 
U.S.C. 371 and 18 U.S.C. 554(a), and has provided notice and 
opportunity for Jimy 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 received 
written submissions from Jimy 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, including Jimy Joseph's written 
submissions, and consultations with BIS's Office of Export Enforcement, 
including its Director, and the facts available to BIS, I have decided 
to deny Jimy Joseph's export privileges under the Regulations for a 
period of seven years from the date of Jimy Joseph's conviction. I have 
also decided to revoke any BIS-issued licenses in which Jimy Joseph had 
an interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until May 22, 2026, Jimy Joseph, 
with a last known address of 5764 Grand Canyon Drive, Orlando, FL 
32810, 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

[[Page 68559]]

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 Jimy 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, Jimy 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 Jimy Joseph and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until May 22, 2026.

Hillary Hess,
Acting Director, Office of Exporter Services.
[FR Doc. 2020-24000 Filed 10-28-20; 8:45 am]
BILLING CODE 3510-DT-P