82 FR 48794 - 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

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 202 (October 20, 2017)

Page Range		48794-48795
FR Document		2017-22821

Federal Register, Volume 82 Issue 202 (Friday, October 20, 2017)

[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48794-48795]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22821]


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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

[[Page 48795]]

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 
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 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 Leff's conviction for violating Section 
38 of the AECA, and has provided notice and an opportunity for Leff to 
make a written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Leff.
    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 Leff's export privileges under the Regulations for 
a period of 10 years from the date of Leff's conviction. I have also 
decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Leff had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until January 6, 2026, Martin 
Jan Leff, with last known addresses of 3708 Ascot Bend Ct., Bonita 
Springs, FL 34134 and 4100 Spring Street, #303, Spring Park, MN 55384, 
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 Leff 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, Leff 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 Leff, and shall 
be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until January 6, 2026.

    Issued this 16th day of October 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-22821 Filed 10-19-17; 8:45 am]
BILLING CODE P

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)).

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Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 48795

the Internal Security Act of 1950 (50 in any other activity subject to the comply with the provisions of Part 756
U.S.C. 783(b)); or section 38 of the Arms Regulations; or of the Regulations.
Export Control Act (22 U.S.C. 2778).’’ 15 C. Benefitting in any way from any Fifth, a copy of this Order shall be
CFR 766.25(a); see also Section 11(h) of transaction involving any item exported delivered to Leff, and shall be published
the EAA, 50 U.S.C. 4610(h). The denial or to be exported from the United States in the Federal Register.
of export privileges under this provision that is subject to the Regulations, or Sixth, this Order is effective
may be for a period of up to 10 years from any other activity subject to the immediately and shall remain in effect
from the date of the conviction. 15 CFR Regulations. until January 6, 2026.
766.25(d); see also 50 U.S.C. 4610(h). In Second, no person may, directly or Issued this 16th day of October 2017.
addition, Section 750.8 of the indirectly, do any of the following: Karen H. Nies-Vogel,
Regulations states that the Bureau of A. Export or reexport to or on behalf Director, Office of Exporter Services.
Industry and Security’s Office of of the Denied Person any item subject to [FR Doc. 2017–22821 Filed 10–19–17; 8:45 am]
Exporter Services may revoke any the Regulations; BILLING CODE P
Bureau of Industry and Security (‘‘BIS’’) B. Take any action that facilitates the
licenses previously issued pursuant to acquisition or attempted acquisition by
the Export Administration Act (‘‘EAA’’ the Denied Person of the ownership, DEPARTMENT OF COMMERCE
or ‘‘the Act’’) or the Regulations in possession, or control of any item
which the person had an interest at the subject to the Regulations that has been Bureau of Industry and Security
time of his/her conviction. or will be exported from the United
BIS has received notice of Leff’s States, including financing or other In the Matter of: Marleen Rochin, 3037
conviction for violating Section 38 of support activities related to a S. 69th Drive, Phoenix, AZ 85043;
the AECA, and has provided notice and transaction whereby the Denied Person Order Denying Export Privileges
an opportunity for Leff to make a acquires or attempts to acquire such
On November 16, 2015, in the U.S.
written submission to BIS, as provided ownership, possession or control;
District Court for the District of Arizona,
in Section 766.25 of the Regulations. C. Take any action to acquire from or
Marleen Rochin (‘‘Rochin’’) was
BIS has not received a submission from to facilitate the acquisition or attempted convicted of violating Section 38 of the
Leff. acquisition from the Denied Person of Arms Export Control Act (22 U.S.C.
Based upon my review and any item subject to the Regulations that 2778 (2012)) (‘‘AECA’’). Specifically,
consultations with BIS’s Office of has been exported from the United Rochin was convicted of knowingly and
Export Enforcement, including its States; willfully exporting, aiding and abetting
Director, and the facts available to BIS, D. Obtain from the Denied Person in the export of, and causing to be
I have decided to deny Leff’s export the United States any item subject to the exported from the United States to
privileges under the Regulations for a Regulations with knowledge or reason Mexico one or more firearms designated
period of 10 years from the date of Leff’s to know that the item will be, or is as defense articles on the United States
conviction. I have also decided to intended to be, exported from the Munition List, without the required U.S.
revoke all licenses issued pursuant to United States; or Department of State licenses. Rochin
the Act or Regulations in which Leff had E. Engage in any transaction to service was sentenced to five years of probation
an interest at the time of his conviction. any item subject to the Regulations that and a $100 assessment.
Accordingly, it is hereby ordered: has been or will be exported from the Section 766.25 of the Export
First, from the date of this Order until United States and which is owned, Administration Regulations (‘‘EAR’’ or
January 6, 2026, Martin Jan Leff, with possessed or controlled by the Denied ‘‘Regulations’’ ) 1 provides, in pertinent
last known addresses of 3708 Ascot Person, or service any item, of whatever part, that ‘‘[t]he Director of the Office of
Bend Ct., Bonita Springs, FL 34134 and origin, that is owned, possessed or Exporter Services, in consultation with
4100 Spring Street, #303, Spring Park, controlled by the Denied Person if such the Director of the Office of Export
MN 55384, and when acting for or on service involves the use of any item Enforcement, may deny the export
his behalf, his successors, assigns, subject to the Regulations that has been privileges of any person who has been
employees, agents or representatives or will be exported from the United convicted of a violation of the EAA
(‘‘the Denied Person’’), may not, directly States. For purposes of this paragraph, [Export Administration Act], the EAR,
or indirectly, participate in any way in servicing means installation, or any order, license, or authorization
any transaction involving any maintenance, repair, modification or issued thereunder; any regulation,
commodity, software or technology testing. license or order issued under the
(hereinafter collectively referred to as Third, after notice and opportunity for International Emergency Economic
‘‘item’’) exported or to be exported from comment as provided in Section 766.23 Powers Act (50 U.S.C. 1701–1706); 18
the United States that is subject to the of the Regulations, any other person, U.S.C. 793, 794 or 798; section 4(b) of
Regulations, including, but not limited firm, corporation, or business the Internal Security Act of 1950 (50
to: organization related to Leff by
A. Applying for, obtaining, or using ownership, control, position of 1 The Regulations are currently codified in the

any license, license exception, or export responsibility, affiliation, or other Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the
control document; connection in the conduct of trade or Export Administration Act (50 U.S.C. 4601–4623
B. Carrying on negotiations business may also be made subject to (Supp. III 2015) (available at http://
concerning, or ordering, buying, the provisions of this Order in order to
srobinson on DSKBC5CHB2PROD with NOTICES

uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
receiving, using, selling, delivering, prevent evasion of this Order. August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
storing, disposing of, forwarding, Fourth, in accordance with Part 756 of 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
transporting, financing, or otherwise the Regulations, Leff may file an appeal has been extended by successive Presidential
servicing in any way, any transaction of this Order with the Under Secretary Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
involving any item exported or to be of Commerce for Industry and Security. the Regulations in effect under the International
exported from the United States that is The appeal must be filed within 45 days Emergency Economic Powers Act (50 U.S.C. 1701,
subject to the Regulations, or engaging from the date of this Order and must et seq. (2012)).

VerDate Sep<11>2014 16:22 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1

Document Created: 2017-10-20 00:06:29
Document Modified: 2017-10-20 00:06:29

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 48794

82 FR 48794 - 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

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 202 (October 20, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security