[Federal Register Volume 75, Number 110 (Wednesday, June 9, 2010)]
[Notices]
[Pages 32742-32743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13897]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Joseph Piquet
In the Matter of: Joseph Piquet 76067-004 currently incarcerated
at FDI Miami, Federal Detention Center, P.O. Box 019120, Miami, FL
33101 and 1258 SW Maplewood Dr., Port St. Lucie, FL 34986;
Respondent; Order Denying Export Privileges
On May 14, 2009, in the U.S. District Court for the Southern
District of Florida, Joseph Piquet (``Piquet'') was found guilty of
seven counts of violating the International Emergency Economics Powers
Act, (50 U.S.C. 1701 et seq. (2000))(``IEEPA''), three counts of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2000)) (``AECA''), and two conspiracy counts (18 U.S.C. 371 (2000)).
Piquet was convicted based on his role in a conspiracy to purchase
high-tech military and dual-use electronic components from a domestic
corporation and to then ship the items from the United States to Hong
Kong and the People's Republic of China without first obtaining the
required export licenses. Among the commodities involved in this
conspiracy were high power amplifiers designed for use by the U.S.
military in early warning radar and missile target acquisition systems,
and low noise amplifiers that have both commercial and military use.
Piquet was sentenced to 60 months incarceration, two years supervised
release, and a $700 special assessment. Piquet is listed on the
Department of State's Debarred List.
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
[[Page 32743]]
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. 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 (2010). The Regulations
issued pursuant to the EAA, (50 U.S.C. app. Sec. Sec. 2401-2420
(2000)). 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 13, 2009
(74 FR 41325, August 14, 2009), has continued the Regulations in
effect under the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq. (2000)).
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I have received notice of Piquet's conviction for violating the
IEEPA and AECA, and have provided notice and an opportunity for Piquet
to make a written submission to BIS, as provided in Section 766.25 of
the Regulations. I have not received a submission from Piquet. 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 Piquet's export privileges under the Regulations
for a period of 10 years from the date of Piquet's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Piquet had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
I. Until May 14, 2019, Joseph Piquet, with a last known address at:
76067-004, FDI Miami, Federal Detention Center, P.O. Box 019120, Miami,
FL 33101 and 1258 SW Maplewood Dr., Port St. Lucie, FL 34986, and when
acting for or on behalf of Piquet, his representatives, assigns, agents
or employees (collectively referred to hereinafter as 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, or
in any other activity 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.
II. 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.
III. 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 the Denied Person by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services may also be made subject to the provisions of
this Order if necessary to prevent evasion of the Order.
IV. This Order does not prohibit any export, reexport, or other
transaction subject to the Regulations where the only items involved
that are subject to the Regulations are the foreign-produced direct
product of U.S.-origin technology.
V. This Order is effective immediately and shall remain in effect
until May 14, 2019.
VI. In accordance with Part 756 of the Regulations, Piquet 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
VII. A copy of this Order shall be delivered to Piquet. This Order
shall be published in the Federal Register.
Issued this 28th day of May, 2010.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2010-13897 Filed 6-8-10; 8:45 am]
BILLING CODE 3510-DT-P