[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 28953-28954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12195]
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DEPARTMENT OF COMMERCE
Bureau Of Industry And Security
In the Matter of: Joseph DeBose, 400 S. Ortonville Road,
Ortonville, Michigan 48462; Order Denying Export Privileges
On July 19, 2013, in the U.S. District Court for the Eastern
District of New York, Joseph DeBose (``DeBose''), was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2012)) (``AECA''). Specifically, DeBose knowingly and willfully
exported from the United States to China firearms and firearms barrels,
including a Beretta 9mm semi-automatic handgun, which were designated
as defense articles on the United States Munitions List, without first
obtaining the required license or written approval from the State
Department. DeBose was sentenced to 24 months of imprisonment, three
years of supervised release, and fined 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 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 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. Sec. 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 (2015). The Regulations
issued pursuant to the Export Administration Act (50 U.S.C. app.
Sec. Sec. 2401-2420 (2000)) (``EAA''). 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 7, 2014 (79 FR 46959 (August 11, 2014)), has
continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
IV 2010)).
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BIS has received notice of DeBose's conviction for violating the
AECA, and has provided notice and an opportunity for DeBose to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has not received a submission from DeBose.
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 DeBose's export privileges under the Regulations
for a period of 10 years from the date of DeBose's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which DeBose had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until July 19, 2023,
JosephDeBose, with a last
[[Page 28954]]
known address of 400 S. Ortonville Road, Ortonville, Michigan 48462,
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 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.
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 DeBose 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, DeBose 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 DeBose. This
Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until July 19, 2023.
Issued this 11 day of May, 2015.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2015-12195 Filed 5-19-15; 8:45 am]
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