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”),
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.
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.
BIS has received written submissions from Jimy Joseph.
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 Start Printed Page 68559collectively 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.
Acting Director, Office of Exporter Services.
[FR Doc. 2020-24000 Filed 10-28-20; 8:45 am]
BILLING CODE 3510-DT-P