Michael Justin Huynh, 8529 Ardennes Way, Elk Grove, CA 95758; Order Denying Export Privileges, 53715 [2022-18892]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security

[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Notices]
[Page 53715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18892]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Michael Justin Huynh, 8529 Ardennes Way, Elk Grove, CA 95758; 
Order Denying Export Privileges

    On September 3, 2019, in the U.S. District Court for the District 
of Arizona, Michael Justin Huynh (``Huynh'') was convicted of violating 
18 U.S.C. 554(a). Specifically, Huynh was convicted of knowingly 
exporting and attempting to export from the United States to Mexico, 
sixteen (16) AK-type semiautomatic rifles and three (3) .50 caliber 
semiautomatic rifles, and received, concealed, bought, sold, and in any 
manner facilitated the transportation, concealment, and sale of such 
merchandise, in violation of 18 U.S.C. 554.
    As a result of his conviction, the Court sentenced Huynh to 63 
months in prison with credit for time served, three years of supervised 
release, and a $100 court 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, 18 U.S.C. 
554, 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 Huynh's conviction for violating 18 U.S.C. 
554 and, as provided in section 766.25 of the Export Administration 
Regulations (``EAR'' or the ``Regulations''), has provided notice and 
opportunity for Huynh to make a written submission to BIS. 15 CFR 
766.25.\2\ BIS has not received a submission from Huynh.
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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 Huynh's export privileges 
under the Regulations for a period of 10 years from the date of Huynh's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Huynh 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 September 3, 2029, Michael 
Justin Huynh, with a last known address of 8529 Ardennes Way, Elk 
Grove, CA 95758, 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 September 3, 2029.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-18892 Filed 8-31-22; 8:45 am]
BILLING CODE 3510-DT-P