In the Matter of: Jimmy Rojas, a/k/a Jim Rojas, Currently Incarcerated at: Inmate Number: 49932-018, FCI Miami, P.O. Box 779800, Miami, FL 33177, and With a Prior Known Address at: 8002 Cornwall Lane, Tampa, FL 33615; Order Denying Export Privileges, 48793-48794 [2017-22829]
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srobinson on DSKBC5CHB2PROD with NOTICES
Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices
has not received a submission from
Hernandez.
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 Hernandez’s
export privileges under the Regulations
for a period of five years from the date
of Hernandez’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Hernandez had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
October 13, 2020, Adrian Manuel
Hernandez, with a last known address
of 3037 S. 69th Drive, Phoenix, AZ
85043, 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 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
VerDate Sep<11>2014
16:22 Oct 19, 2017
Jkt 244001
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, 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 Hernandez 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, Hernandez 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 Hernandez, and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until October 13, 2020.
Issued this 16th day of October 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017–22828 Filed 10–19–17; 8:45 am]
BILLING CODE P
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48793
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Jimmy Rojas, a/k/a
Jim Rojas, Currently Incarcerated at:
Inmate Number: 49932–018, FCI Miami,
P.O. Box 779800, Miami, FL 33177, and
With a Prior Known Address at: 8002
Cornwall Lane, Tampa, FL 33615;
Order Denying Export Privileges
On September 8, 2016, in the U.S.
District Court, Middle District of
Florida, Jimmy Rojas, a/k/a Jim Rojas
(‘‘Rojas’’) was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Specifically, Rojas was convicted of
knowingly and willfully attempting to
export from the United States to Jordan
a 6015/PVS14 Series ITT Monocular
Night Vision device and a Trijicon
Advanced Combat Optical Gunsight
(ACOG) Rifle Scope, both designated as
defense articles on the United States
Munitions List, without the required
U.S. Department of State licenses. Rojas
was sentenced to 30 months in prison,
36 months of supervised release, a $100
assessment, and ordered to pay
$372,505.14 in restitution to the United
States Postal Service.
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 EAA
[Export Administration Act], the EAR,
or any order, license, or authorization
issued thereunder; any regulation,
license or order issued under the
International Emergency Economic
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. 4610(h). The denial
of export privileges under this provision
may be for a period of up to 10 years
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. 4601–4623
(Supp. III 2015) (available at https://
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
August 21, 2001, the Act 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 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701,
et seq. (2012)).
E:\FR\FM\20OCN1.SGM
20OCN1
srobinson on DSKBC5CHB2PROD with NOTICES
48794
Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices
from the date of the conviction. 15 CFR
766.25(d); see also 50 U.S.C. 4610(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 pursuant to
the Export Administration Act (‘‘EAA’’
or ‘‘the Act’’), or pursuant to the
Regulations in which the person had an
interest at the time of his/her
conviction.
BIS has received notice of Rojas’s
conviction for violating Section 38 of
the AECA, and has provided notice and
an opportunity for Rojas to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations.
BIS has not received a submission from
Rojas.
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 Rojas’s export
privileges under the Regulations for a
period of ten (10) years from the date of
Rojas’s conviction. I have also decided
to revoke all licenses issued pursuant to
the Act or Regulations in which Rojas
had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
September 8, 2026, Jimmy Rojas, a/k/a
Jim Rojas, currently incarcerated at
Inmate Number: 49932–018, FCI Miami,
P.O. Box 779800, Miami, FL 33177, and
with a prior known address of 8002
Cornwall Lane, Tampa, Florida 33615
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
VerDate Sep<11>2014
16:22 Oct 19, 2017
Jkt 244001
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, 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 Rojas 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, Rojas 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.
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Frm 00009
Fmt 4703
Sfmt 4703
Fifth, a copy of this Order shall be
delivered to Rojas and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until September 8, 2026.
Issued this 16th day of October 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017–22829 Filed 10–19–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Martin Jan Leff, 3708
Ascot Bend Ct., Bonita Springs, FL
34134 and 4100 Spring Street #303,
Spring Park, MN 55384; Order Denying
Export Privileges
On January 6, 2016, in the U.S.
District Court for the Middle District of
Florida, Martin Jan Leff (‘‘Leff’’) was
convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C.
2778 (2012)) (‘‘AECA’’). Specifically,
Leff was convicted of knowingly and
willfully attempting to export, and
causing to be exported, from the United
States to Hong Kong, seven F–4
Phantom fighter jet wheel assemblies
designated as defense articles on the
United States Munition List, without the
required U.S. Department of State
licenses. Leff was sentenced to three
years of probation, a criminal fine of
$10,000, and a $100 assessment.
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 EAA
[Export Administration Act], the EAR,
or any order, license, or authorization
issued thereunder; any regulation,
license or order issued under the
International Emergency Economic
Powers Act (50 U.S.C. 1701–1706); 18
U.S.C. 793, 794 or 798; section 4(b) of
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. 4601–4623
(Supp. III 2015) (available at https://
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
August 21, 2001, the Act 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 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701,
et seq. (2012)).
E:\FR\FM\20OCN1.SGM
20OCN1
]]>Agencies
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48793-48794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22829]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Jimmy Rojas, a/k/a Jim Rojas, Currently
Incarcerated at: Inmate Number: 49932-018, FCI Miami, P.O. Box 779800,
Miami, FL 33177, and With a Prior Known Address at: 8002 Cornwall Lane,
Tampa, FL 33615; Order Denying Export Privileges
On September 8, 2016, in the U.S. District Court, Middle District
of Florida, Jimmy Rojas, a/k/a Jim Rojas (``Rojas'') was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2012)) (``AECA''). Specifically, Rojas was convicted of knowingly and
willfully attempting to export from the United States to Jordan a 6015/
PVS14 Series ITT Monocular Night Vision device and a Trijicon Advanced
Combat Optical Gunsight (ACOG) Rifle Scope, both designated as defense
articles on the United States Munitions List, without the required U.S.
Department of State licenses. Rojas was sentenced to 30 months in
prison, 36 months of supervised release, a $100 assessment, and ordered
to pay $372,505.14 in restitution to the United States Postal Service.
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 EAA [Export
Administration Act], the EAR, or any order, license, or authorization
issued thereunder; any regulation, license or order issued under the
International Emergency Economic 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. 4610(h). The denial of export privileges under this
provision may be for a period of up to 10 years
[[Page 48794]]
from the date of the conviction. 15 CFR 766.25(d); see also 50 U.S.C.
4610(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 pursuant to the Export Administration Act (``EAA'' or
``the Act''), or pursuant to the Regulations in which the person had an
interest at the time of his/her conviction.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2017). The Regulations
issued pursuant to the Export Administration Act (50 U.S.C. 4601-
4623 (Supp. III 2015) (available at https://uscode.house.gov))
(``EAA'' or ``the Act''). Since August 21, 2001, the Act 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 15, 2017 (82 FR 39005 (Aug. 16, 2017)), has continued the
Regulations in effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2012)).
---------------------------------------------------------------------------
BIS has received notice of Rojas's conviction for violating Section
38 of the AECA, and has provided notice and an opportunity for Rojas to
make a written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has not received a submission from Rojas.
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 Rojas's export privileges under the Regulations
for a period of ten (10) years from the date of Rojas's conviction. I
have also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Rojas had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until September 8, 2026, Jimmy
Rojas, a/k/a Jim Rojas, currently incarcerated at Inmate Number: 49932-
018, FCI Miami, P.O. Box 779800, Miami, FL 33177, and with a prior
known address of 8002 Cornwall Lane, Tampa, Florida 33615 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 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, 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 Rojas 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, Rojas 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 Rojas and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until September 8, 2026.
Issued this 16th day of October 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-22829 Filed 10-19-17; 8:45 am]
BILLING CODE P
