82 FR 48793 - 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
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 82, Issue 202 (October 20, 2017)
Bureau of Industry and Security
Federal Register Volume 82, Issue 202 (October 20, 2017)
| Page Range | 48793-48794 | |
| FR Document | 2017-22829 |
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)] [Notices] [Pages 48793-48794] From the Federal Register Online [www.thefederalregister.org] [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 http://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
![Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 48793
has not received a submission from acquisition from the Denied Person of DEPARTMENT OF COMMERCE
Hernandez. any item subject to the Regulations that
Based upon my review and has been exported from the United Bureau of Industry and Security
consultations with BIS’s Office of States;
Export Enforcement, including its In the Matter of: Jimmy Rojas, a/k/a
D. Obtain from the Denied Person in Jim Rojas, Currently Incarcerated at:
Director, and the facts available to BIS,
I have decided to deny Hernandez’s the United States any item subject to the Inmate Number: 49932–018, FCI Miami,
export privileges under the Regulations Regulations with knowledge or reason P.O. Box 779800, Miami, FL 33177, and
for a period of five years from the date to know that the item will be, or is With a Prior Known Address at: 8002
of Hernandez’s conviction. I have also intended to be, exported from the Cornwall Lane, Tampa, FL 33615;
decided to revoke all licenses issued United States; or Order Denying Export Privileges
pursuant to the Act or Regulations in E. Engage in any transaction to service On September 8, 2016, in the U.S.
which Hernandez had an interest at the any item subject to the Regulations that District Court, Middle District of
time of his conviction. has been or will be exported from the Florida, Jimmy Rojas, a/k/a Jim Rojas
Accordingly, it is hereby ordered: United States and which is owned, (‘‘Rojas’’) was convicted of violating
First, from the date of this Order until possessed or controlled by the Denied Section 38 of the Arms Export Control
October 13, 2020, Adrian Manuel Person, or service any item, of whatever Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
Hernandez, with a last known address origin, that is owned, possessed or Specifically, Rojas was convicted of
of 3037 S. 69th Drive, Phoenix, AZ knowingly and willfully attempting to
controlled by the Denied Person if such
85043, and when acting for or on his export from the United States to Jordan
service involves the use of any item
behalf, his successors, assigns, a 6015/PVS14 Series ITT Monocular
subject to the Regulations that has been
employees, agents or representatives Night Vision device and a Trijicon
(‘‘the Denied Person’’), may not, directly or will be exported from the United
States. For purposes of this paragraph, Advanced Combat Optical Gunsight
or indirectly, participate in any way in (ACOG) Rifle Scope, both designated as
any transaction involving any servicing means installation,
maintenance, repair, modification or defense articles on the United States
commodity, software or technology Munitions List, without the required
(hereinafter collectively referred to as testing.
U.S. Department of State licenses. Rojas
‘‘item’’) exported or to be exported from Third, after notice and opportunity for was sentenced to 30 months in prison,
the United States that is subject to the comment as provided in Section 766.23 36 months of supervised release, a $100
Regulations, including, but not limited of the Regulations, any other person, assessment, and ordered to pay
to: firm, corporation, or business $372,505.14 in restitution to the United
A. Applying for, obtaining, or using organization related to Hernandez by States Postal Service.
any license, license exception, or export ownership, control, position of Section 766.25 of the Export
control document; responsibility, affiliation, or other Administration Regulations (‘‘EAR’’ or
B. Carrying on negotiations
connection in the conduct of trade or ‘‘Regulations’’) 1 provides, in pertinent
concerning, or ordering, buying,
business may also be made subject to part, that ‘‘[t]he Director of the Office of
receiving, using, selling, delivering,
the provisions of this Order in order to Exporter Services, in consultation with
storing, disposing of, forwarding,
prevent evasion of this Order. the Director of the Office of Export
transporting, financing, or otherwise
Enforcement, may deny the export
servicing in any way, any transaction Fourth, in accordance with Part 756 of
privileges of any person who has been
involving any item exported or to be the Regulations, Hernandez may file an
convicted of a violation of the EAA
exported from the United States that is appeal of this Order with the Under [Export Administration Act], the EAR,
subject to the Regulations, or engaging Secretary of Commerce for Industry and or any order, license, or authorization
in any other activity subject to the Security. The appeal must be filed issued thereunder; any regulation,
Regulations; or within 45 days from the date of this license or order issued under the
C. Benefitting in any way from any Order and must comply with the International Emergency Economic
transaction involving any item exported provisions of Part 756 of the Powers Act (50 U.S.C. 1701–1706); 18
or to be exported from the United States Regulations. U.S.C. 793, 794 or 798; section 4(b) of
that is subject to the Regulations, or
Fifth, a copy of this Order shall be the Internal Security Act of 1950 (50
from any other activity subject to the
delivered to Hernandez, and shall be U.S.C. 783(b)); or section 38 of the Arms
Regulations.
Second, no person may, directly or published in the Federal Register. Export Control Act (22 U.S.C. 2778).’’ 15
indirectly, do any of the following: CFR 766.25(a); see also Section 11(h) of
Sixth, this Order is effective
A. Export or reexport to or on behalf the EAA, 50 U.S.C. 4610(h). The denial
immediately and shall remain in effect of export privileges under this provision
of the Denied Person any item subject to until October 13, 2020.
the Regulations; may be for a period of up to 10 years
B. Take any action that facilitates the Issued this 16th day of October 2017.
1 The Regulations are currently codified in the
acquisition or attempted acquisition by Karen H. Nies-Vogel,
Code of Federal Regulations at 15 CFR parts 730–
the Denied Person of the ownership, Director, Office of Exporter Services. 774 (2017). The Regulations issued pursuant to the
possession, or control of any item [FR Doc. 2017–22828 Filed 10–19–17; 8:45 am] Export Administration Act (50 U.S.C. 4601–4623
subject to the Regulations that has been BILLING CODE P
(Supp. III 2015) (available at http://
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
srobinson on DSKBC5CHB2PROD with NOTICES
or will be exported from the United
August 21, 2001, the Act has been in lapse and the
States, including financing or other President, through Executive Order 13222 of August
support activities related to a 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
transaction whereby the Denied Person has been extended by successive Presidential
acquires or attempts to acquire such Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
ownership, possession or control; the Regulations in effect under the International
C. Take any action to acquire from or Emergency Economic Powers Act (50 U.S.C. 1701,
to facilitate the acquisition or attempted et seq. (2012)).
VerDate Sep<11>2014 16:22 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1](https://thefederalregister.org/doc/82_FR_48995/page/1.svg)
![48794 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices
from the date of the conviction. 15 CFR or to be exported from the United States Fifth, a copy of this Order shall be
766.25(d); see also 50 U.S.C. 4610(h). In that is subject to the Regulations, or delivered to Rojas and shall be
addition, Section 750.8 of the from any other activity subject to the published in the Federal Register.
Regulations states that the Bureau of Regulations. Sixth, this Order is effective
Industry and Security’s Office of Second, no person may, directly or immediately and shall remain in effect
Exporter Services may revoke any indirectly, do any of the following: until September 8, 2026.
Bureau of Industry and Security (‘‘BIS’’) A. Export or reexport to or on behalf Issued this 16th day of October 2017.
licenses previously issued pursuant to of the Denied Person any item subject to Karen H. Nies-Vogel,
the Export Administration Act (‘‘EAA’’ the Regulations; Director, Office of Exporter Services.
or ‘‘the Act’’), or pursuant to the
B. Take any action that facilitates the [FR Doc. 2017–22829 Filed 10–19–17; 8:45 am]
Regulations in which the person had an
interest at the time of his/her acquisition or attempted acquisition by BILLING CODE P
conviction. the Denied Person of the ownership,
BIS has received notice of Rojas’s possession, or control of any item
subject to the Regulations that has been DEPARTMENT OF COMMERCE
conviction for violating Section 38 of
the AECA, and has provided notice and or will be exported from the United
States, including financing or other Bureau of Industry and Security
an opportunity for Rojas to make a
written submission to BIS, as provided support activities related to a In the Matter of: Martin Jan Leff, 3708
in Section 766.25 of the Regulations. transaction whereby the Denied Person Ascot Bend Ct., Bonita Springs, FL
BIS has not received a submission from acquires or attempts to acquire such 34134 and 4100 Spring Street #303,
Rojas. ownership, possession or control; Spring Park, MN 55384; Order Denying
Based upon my review and C. Take any action to acquire from or Export Privileges
consultations with BIS’s Office of to facilitate the acquisition or attempted
Export Enforcement, including its acquisition from the Denied Person of On January 6, 2016, in the U.S.
Director, and the facts available to BIS, any item subject to the Regulations that District Court for the Middle District of
I have decided to deny Rojas’s export has been exported from the United Florida, Martin Jan Leff (‘‘Leff’’) was
privileges under the Regulations for a States; convicted of violating Section 38 of the
period of ten (10) years from the date of D. Obtain from the Denied Person in Arms Export Control Act (22 U.S.C.
Rojas’s conviction. I have also decided the United States any item subject to the 2778 (2012)) (‘‘AECA’’). Specifically,
to revoke all licenses issued pursuant to Leff was convicted of knowingly and
Regulations with knowledge or reason
the Act or Regulations in which Rojas willfully attempting to export, and
to know that the item will be, or is
had an interest at the time of his causing to be exported, from the United
intended to be, exported from the
conviction. States to Hong Kong, seven F–4
United States; or
Accordingly, it is hereby ordered: Phantom fighter jet wheel assemblies
E. Engage in any transaction to service designated as defense articles on the
First, from the date of this Order until
any item subject to the Regulations that United States Munition List, without the
September 8, 2026, Jimmy Rojas, a/k/a
has been or will be exported from the required U.S. Department of State
Jim Rojas, currently incarcerated at
United States and which is owned, licenses. Leff was sentenced to three
Inmate Number: 49932–018, FCI Miami,
possessed or controlled by the Denied years of probation, a criminal fine of
P.O. Box 779800, Miami, FL 33177, and
Person, or service any item, of whatever $10,000, and a $100 assessment.
with a prior known address of 8002
origin, that is owned, possessed or Section 766.25 of the Export
Cornwall Lane, Tampa, Florida 33615
controlled by the Denied Person if such Administration Regulations (‘‘EAR’’ or
and when acting for or on his behalf, his
service involves the use of any item ‘‘Regulations’’) 1 provides, in pertinent
successors, assigns, employees, agents
subject to the Regulations that has been part, that ‘‘[t]he Director of the Office of
or representatives (‘‘the Denied
or will be exported from the United Exporter Services, in consultation with
Person’’), may not, directly or indirectly,
States. For purposes of this paragraph, the Director of the Office of Export
participate in any way in any
servicing means installation, Enforcement, may deny the export
transaction involving any commodity,
maintenance, repair, modification or privileges of any person who has been
software or technology (hereinafter
testing. convicted of a violation of the EAA
collectively referred to as ‘‘item’’)
exported or to be exported from the Third, after notice and opportunity for [Export Administration Act], the EAR,
United States that is subject to the comment as provided in Section 766.23 or any order, license, or authorization
Regulations, including, but not limited of the Regulations, any other person, issued thereunder; any regulation,
to: firm, corporation, or business license or order issued under the
A. Applying for, obtaining, or using organization related to Rojas by International Emergency Economic
any license, license exception, or export ownership, control, position of Powers Act (50 U.S.C. 1701–1706); 18
control document; responsibility, affiliation, or other U.S.C. 793, 794 or 798; section 4(b) of
B. Carrying on negotiations connection in the conduct of trade or
concerning, or ordering, buying, business may also be made subject to 1 The Regulations are currently codified in the
the provisions of this Order in order to Code of Federal Regulations at 15 CFR parts 730–
receiving, using, selling, delivering, 774 (2017). The Regulations issued pursuant to the
storing, disposing of, forwarding, prevent evasion of this Order. Export Administration Act (50 U.S.C. 4601–4623
transporting, financing, or otherwise Fourth, in accordance with Part 756 of (Supp. III 2015) (available at http://
the Regulations, Rojas may file an uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
srobinson on DSKBC5CHB2PROD with NOTICES
servicing in any way, any transaction
August 21, 2001, the Act has been in lapse and the
involving any item exported or to be appeal of this Order with the Under President, through Executive Order 13222 of August
exported from the United States that is Secretary of Commerce for Industry and 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
subject to the Regulations, or engaging Security. The appeal must be filed has been extended by successive Presidential
in any other activity subject to the within 45 days from the date of this Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
Regulations; or Order and must comply with the the Regulations in effect under the International
C. Benefitting in any way from any provisions of Part 756 of the Emergency Economic Powers Act (50 U.S.C. 1701,
transaction involving any item exported Regulations. et seq. (2012)).
VerDate Sep<11>2014 16:22 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1](https://thefederalregister.org/doc/82_FR_48995/page/2.svg)
Document Created: 2017-10-20 00:06:23
Document Modified: 2017-10-20 00:06:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 48793 |
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