[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Pages 9475-9476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03104]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Luc Emond, 9300 Justine Street, Montreal, 
Quebec, H1J2P2, Canada; Order Denying Export Privileges

    On February 19, 2020, in the U.S. District Court for the Northern 
District of New York, Luc Emond (``Emond'') was convicted of violating 
18 U.S.C. 554(a). Specifically, Emond was convicted of knowingly and 
willfully attempting to smuggle from the U.S. to Canada, a Sig Sauer 
P228 pistol kit and a AR-15 300 AAC 7.5'' pistol kit, which were 
designated as defense articles on the United States Munitions List, 
without first obtaining the required license or written authorization 
from the Department of State. As a result of his conviction, the Court 
sentenced Emond to 10 months in prison, a fine of $3,000, and a $100 
special assessment.
    Pursuant to Section 1760(e) of the Export Control Reform Act 
(``ECRA''),\1\

[[Page 9476]]

the export privileges of any person who has been convicted of certain 
offenses, including, but not limited to, Section 38 of 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 on August 13, 2018, 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.
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    BIS received notice of Emond's conviction for violating 18 U.S.C. 
554 (a) and, as provided in Section 766.25 of the Export Administration 
Regulations (``EAR'' or the ``Regulations''), has provided notice and 
opportunity for Emond to make a written submission to BIS. 15 CFR 
766.25.\2\ BIS has not received a submission from Emond.
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    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2022).
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    Based upon my review of the record and consultations with BIS's 
Office of Exporter Services, including its Director, and the facts 
available to BIS, I have decided to deny Emond's export privileges 
under the Regulations for a period of five-years from the date of 
Emond's conviction. The Office of Exporter Services has also decided to 
revoke any BIS-issued licenses in which Emond had an interest at the 
time of his conviction.\3\
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    \3\ The Director, Office of Export Enforcement, is the 
authorizing official for issuance of denial orders, pursuant to 
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 February 19, 2025, Luc 
Emond, with a last known address of 9300 Justine Street, Montreal, 
Quebec, H1J2P2, Canada, 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, reexport, or transfer (in-country) 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 ECRA (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 the Denied Person 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, the Denied 
Person 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 the Denied Person 
and shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until February 19, 2025.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-03104 Filed 2-13-23; 8:45 am]
BILLING CODE 3510-DT-P