Order Denying Export Privileges; In the Matter of: Junior Joel Joseph, 5808 Turkey Lake Road, Orlando, FL 32819, 68557-68558 [2020-23998]
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Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Notices
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Agenda for: Thursday, November 12
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V. Adjourn
Dated: October 23, 2020.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2020–23931 Filed 10–28–20; 8:45 am]
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–52–2020]
jbell on DSKJLSW7X2PROD with NOTICES
Foreign-Trade Zone 38—Spartanburg
County, South Carolina; Application
for Production Authority; Teijin Carbon
Fibers, Inc.; Extension of Rebuttal
Comment Period
The rebuttal period for the application
for production authority within FTZ 38
on behalf of Teijin Carbon Fibers, Inc.
in Greenwood, South Carolina,
submitted by the South Carolina Ports
Authority (85 FR 49359, August 13,
2020), is being extended based on a
VerDate Sep<11>2014
18:03 Oct 28, 2020
Jkt 253001
request from the applicant to November
10, 2020, to allow additional time for
the submission of rebuttal comments.
Submissions shall be addressed to the
Board’s Executive Secretary and sent to:
ftz@trade.gov.
For further information, contact Diane
Finver at Diane.Finver@trade.gov or
(202) 482–1367.
Dated: October 26, 2020.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2020–23989 Filed 10–28–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the
Matter of: Junior Joel Joseph, 5808
Turkey Lake Road, Orlando, FL 32819
On April 12, 2019, in the U.S. District
Court for the Southern District of
Florida, Junior Joel Joseph (‘‘Junior
Joseph’’) was convicted of violating 18
U.S.C. 371, Section 38 of the Arms
Export Control Act, 22 U.S.C.A. 2778
(2012) (‘‘AECA’’), the International
Emergency Economic Powers Act (50
U.S.C 1701, et seq. (2012)) (‘‘IEEPA’’)
and 18 U.S.C. 554(a). Specifically,
Junior 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; of knowingly and willfully
exporting and causing to be exported
from the United States to Haiti, defense
articles, AR–15 Type Rifles, Glock semiautomatic pistols, and ammunition,
without first having obtained the
required authorization from the U.S.
Department of State, in violation of
Section 38 of the AECA; of knowingly
and willfully exporting and causing to
be exported from the United States to
Haiti, Standard Manufacturing Model
DP–12 shotguns and Rossi Model ST12
shotguns with a barrel length in excess
of eighteen (18) inches, without first
having obtained the required
authorization from the U.S. Department
of Commerce, in violation of IEEPA; and
of fraudulently and knowingly
exporting, sending, and attempting to
export AR–15 Type Rifles, Glock semiautomatic pistols, and ammunition from
the United States to Haiti, in violation
18 U.S.C. 554. Junior Joseph was
sentenced to 16 months in prison, three
years of supervised release, and a $500
assessment.
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Sfmt 4703
68557
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, violations
of 18 U.S.C. 371, Section 38 of the
AECA, IEEPA 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 Junior Joseph’s
conviction for violating 18 U.S.C. 371,
Section 38 of the AECA, IEEPA and 18
U.S.C. 554(a), and has provided notice
and opportunity for Junior 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 not received a written submission
from Junior Joseph.
Based upon my review of the record
and consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
I have decided to deny Junior Joseph’s
export privileges under the Regulations
for a period of seven years from the date
of Junior Joseph’s conviction. I have also
decided to revoke any BIS-issued
licenses in which Junior Joseph had an
interest at the time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
April 12, 2026, Junior Joseph, with a last
known address of 5808 Turkey Lake
Road, Orlando, FL 32819, and when
acting for or on his behalf, his
successors, assigns, employees, agents
or representatives (‘‘the Denied
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. Junior Joseph’s conviction post-dates
ECRA’s enactment on August 13, 2018.
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.
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29OCN1
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68558
Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Notices
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,
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Jkt 253001
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 Junior 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, Junior 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 Junior Joseph and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until April 12, 2026.
Hillary Hess,
Acting Director, Office of Exporter Services.
[FR Doc. 2020–23998 Filed 10–28–20; 8:45 am]
BILLING CODE 3510–DT–P
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 semiautomatic 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
1 ECRA was enacted as part of the John S. McCain
National Defense Authorization Act for Fiscal Year
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
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 766.25.2 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
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.
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.
E:\FR\FM\29OCN1.SGM
29OCN1
]]>Agencies
[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Notices]
[Pages 68557-68558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23998]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the Matter of: Junior Joel
Joseph, 5808 Turkey Lake Road, Orlando, FL 32819
On April 12, 2019, in the U.S. District Court for the Southern
District of Florida, Junior Joel Joseph (``Junior Joseph'') was
convicted of violating 18 U.S.C. 371, Section 38 of the Arms Export
Control Act, 22 U.S.C.A. 2778 (2012) (``AECA''), the International
Emergency Economic Powers Act (50 U.S.C 1701, et seq. (2012))
(``IEEPA'') and 18 U.S.C. 554(a). Specifically, Junior 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; of knowingly and willfully exporting and causing to be exported
from the United States to Haiti, defense articles, AR-15 Type Rifles,
Glock semi-automatic pistols, and ammunition, without first having
obtained the required authorization from the U.S. Department of State,
in violation of Section 38 of the AECA; of knowingly and willfully
exporting and causing to be exported from the United States to Haiti,
Standard Manufacturing Model DP-12 shotguns and Rossi Model ST12
shotguns with a barrel length in excess of eighteen (18) inches,
without first having obtained the required authorization from the U.S.
Department of Commerce, in violation of IEEPA; and of 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. Junior Joseph was
sentenced to 16 months in prison, three years of supervised release,
and a $500 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,
violations of 18 U.S.C. 371, Section 38 of the AECA, IEEPA 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. Junior Joseph's conviction post-
dates ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------
BIS received notice of Junior Joseph's conviction for violating 18
U.S.C. 371, Section 38 of the AECA, IEEPA and 18 U.S.C. 554(a), and has
provided notice and opportunity for Junior 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 not received a written submission from Junior
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 and consultations with BIS's
Office of Export Enforcement, including its Director, and the facts
available to BIS, I have decided to deny Junior Joseph's export
privileges under the Regulations for a period of seven years from the
date of Junior Joseph's conviction. I have also decided to revoke any
BIS-issued licenses in which Junior Joseph had an interest at the time
of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until April 12, 2026, Junior
Joseph, with a last known address of 5808 Turkey Lake Road, Orlando, FL
32819, and when acting for or on his behalf, his successors, assigns,
employees, agents or representatives (``the Denied
[[Page 68558]]
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, 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 Junior 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, Junior
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 Junior Joseph and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until April 12, 2026.
Hillary Hess,
Acting Director, Office of Exporter Services.
[FR Doc. 2020-23998 Filed 10-28-20; 8:45 am]
BILLING CODE 3510-DT-P
