Notice2024-18401
Order Denying Export Privileges; In the Matter of: Kenan L'Homme, 67 Chastain Circle, Newman, GA 30263
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
August 16, 2024
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 89 Issue 159 (Friday, August 16, 2024)</title>
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[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Notices]
[Pages 66674-66675]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18401]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the Matter of: Kenan L'Homme,
67 Chastain Circle, Newman, GA 30263
On November 28, 2022, in the U.S. District Court for the Northern
District of Georgia, Kenan L'Homme (``L'Homme'') was convicted of
violating 18 U.S.C. 554(a). Specifically, L'Homme pleaded guilty to
willfully and knowingly attempting to export from the United States the
following eleven (11) items: one (1) Smith & Wesson model M&P pistol;
one (1) CZ P-10F pistol; one (1) Taurus revolver; one (1) Glock model
26 pistol; one (1) Glock model 43 pistol; one (1) Glock model 30s
pistol; one (1) Anderson AR-15 lower unit; one (1) Aero Precision AR-15
lower unit; and three (3) Glock model 23s pistols. As a result of his
conviction, the Court sentenced him to 36 months in prison, and a $200
special assessment.
Pursuant to Section 1760(e) of the Export Control Reform Act
(``ECRA''),\1\ the export privileges of any person who has been
convicted of certain offenses, including, but not limited to 18 U.S.C.
554(a), 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). 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.
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\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.
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BIS received notice of L'Homme's conviction for violating 18 U.S.C.
554(a). As provided in section 766.25 of the Export Administration
Regulations (``EAR'' or the ``Regulations''), BIS provided notice and
opportunity for L'Homme to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a written submission from L'Homme.
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\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2024).
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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 L'Homme's export privileges
under the Regulations for a period of 6 years from the date of
L'Homme's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which L'Homme had an interest at
the time of his conviction.\3\
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\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).
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Accordingly, it is hereby Ordered:
First, from the date of this Order until November 28, 2028, Kenan
L'Homme, with a last known address of: 67 Chastain Circle, Newman, GA
30263, 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 and sections 766.23 and
766.25 of the Regulations, any other person, firm,
[[Page 66675]]
corporation, or business organization related to L'Homme 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, L'Homme 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 L'Homme and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until November 28, 2028.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024-18401 Filed 8-15-24; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on August 16, 2024.
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