Action Affecting Export Privileges; Joseph Piquet, 32742-32743 [2010-13897]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security
• Industry and Security Bureau

[Federal Register Volume 75, Number 110 (Wednesday, June 9, 2010)]
[Notices]
[Pages 32742-32743]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13897]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Joseph Piquet

    In the Matter of: Joseph Piquet 76067-004 currently incarcerated 
at FDI Miami, Federal Detention Center, P.O. Box 019120, Miami, FL 
33101 and 1258 SW Maplewood Dr., Port St. Lucie, FL 34986; 
Respondent; Order Denying Export Privileges

    On May 14, 2009, in the U.S. District Court for the Southern 
District of Florida, Joseph Piquet (``Piquet'') was found guilty of 
seven counts of violating the International Emergency Economics Powers 
Act, (50 U.S.C. 1701 et seq. (2000))(``IEEPA''), three counts of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2000)) (``AECA''), and two conspiracy counts (18 U.S.C. 371 (2000)). 
Piquet was convicted based on his role in a conspiracy to purchase 
high-tech military and dual-use electronic components from a domestic 
corporation and to then ship the items from the United States to Hong 
Kong and the People's Republic of China without first obtaining the 
required export licenses. Among the commodities involved in this 
conspiracy were high power amplifiers designed for use by the U.S. 
military in early warning radar and missile target acquisition systems, 
and low noise amplifiers that have both commercial and military use. 
Piquet was sentenced to 60 months incarceration, two years supervised 
release, and a $700 special assessment. Piquet is listed on the 
Department of State's Debarred List.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ 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

[[Page 32743]]

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. Sec.  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.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2010). The Regulations 
issued pursuant to the EAA, (50 U.S.C. app. Sec. Sec.  2401-2420 
(2000)). Since August 21, 2001, the EAA has been in lapse and the 
President, through Executive Order 13222 of August 17, 2001 (3 CFR, 
2001 Comp. 783 (2002)), which has been extended by successive 
Presidential Notices, the most recent being that of August 13, 2009 
(74 FR 41325, August 14, 2009), has continued the Regulations in 
effect under the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq. (2000)).
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    I have received notice of Piquet's conviction for violating the 
IEEPA and AECA, and have provided notice and an opportunity for Piquet 
to make a written submission to BIS, as provided in Section 766.25 of 
the Regulations. I have not received a submission from Piquet. Based 
upon my review and consultations with BIS's Office of Export 
Enforcement, including its Director, and the facts available to BIS, I 
have decided to deny Piquet's export privileges under the Regulations 
for a period of 10 years from the date of Piquet's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Piquet had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    I. Until May 14, 2019, Joseph Piquet, with a last known address at: 
76067-004, FDI Miami, Federal Detention Center, P.O. Box 019120, Miami, 
FL 33101 and 1258 SW Maplewood Dr., Port St. Lucie, FL 34986, and when 
acting for or on behalf of Piquet, his representatives, assigns, agents 
or employees (collectively referred to hereinafter as 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, or 
in any other activity 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 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 in any other activity subject to the Regulations.
    II. 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.
    III. After notice and opportunity for comment as provided in 
section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to the Denied Person by affiliation, 
ownership, control, or position of responsibility in the conduct of 
trade or related services may also be made subject to the provisions of 
this Order if necessary to prevent evasion of the Order.
    IV. This Order does not prohibit any export, reexport, or other 
transaction subject to the Regulations where the only items involved 
that are subject to the Regulations are the foreign-produced direct 
product of U.S.-origin technology.
    V. This Order is effective immediately and shall remain in effect 
until May 14, 2019.
    VI. In accordance with Part 756 of the Regulations, Piquet 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
    VII. A copy of this Order shall be delivered to Piquet. This Order 
shall be published in the Federal Register.

    Issued this 28th day of May, 2010.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2010-13897 Filed 6-8-10; 8:45 am]
BILLING CODE 3510-DT-P