Notice2023-03104
In the Matter of: Luc Emond, 9300 Justine Street, Montreal, Quebec, H1J2P2, Canada; Order Denying Export Privileges
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 14, 2023
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 30 (Tuesday, February 14, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Pages 9475-9476]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03104]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Luc Emond, 9300 Justine Street, Montreal,
Quebec, H1J2P2, Canada; Order Denying Export Privileges
On February 19, 2020, in the U.S. District Court for the Northern
District of New York, Luc Emond (``Emond'') was convicted of violating
18 U.S.C. 554(a). Specifically, Emond was convicted of knowingly and
willfully attempting to smuggle from the U.S. to Canada, a Sig Sauer
P228 pistol kit and a AR-15 300 AAC 7.5'' pistol kit, which were
designated as defense articles on the United States Munitions List,
without first obtaining the required license or written authorization
from the Department of State. As a result of his conviction, the Court
sentenced Emond to 10 months in prison, a fine of $3,000, and a $100
special assessment.
Pursuant to Section 1760(e) of the Export Control Reform Act
(``ECRA''),\1\
[[Page 9476]]
the export privileges of any person who has been convicted of certain
offenses, including, but not limited to, Section 38 of AECA, 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
BIS received notice of Emond's conviction for violating 18 U.S.C.
554 (a) and, as provided in Section 766.25 of the Export Administration
Regulations (``EAR'' or the ``Regulations''), has provided notice and
opportunity for Emond to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a submission from Emond.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2022).
---------------------------------------------------------------------------
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 Emond's export privileges
under the Regulations for a period of five-years from the date of
Emond's conviction. The Office of Exporter Services has also decided to
revoke any BIS-issued licenses in which Emond had an interest at the
time of his conviction.\3\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
Accordingly, it is hereby ordered:
First, from the date of this Order until February 19, 2025, Luc
Emond, with a last known address of 9300 Justine Street, Montreal,
Quebec, H1J2P2, Canada, 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 February 19, 2025.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-03104 Filed 2-13-23; 8:45 am]
BILLING CODE 3510-DT-P
</pre></body>
</html>Indexed from Federal Register on February 14, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.