Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 48793 

1The 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)). 

has not received a submission from 

Hernandez. 

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 Hernandez’s 

export privileges under the Regulations 

for a period of five years from the date 

of Hernandez’s conviction. I have also 

decided to revoke all licenses issued 

pursuant to the Act or Regulations in 

which Hernandez had an interest at the 

time of his conviction. 

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

October 13, 2020, Adrian Manuel 

Hernandez, with a last known address 

of 3037 S. 69th Drive, Phoenix, AZ 

85043, 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 Hernandez 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, Hernandez 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 Hernandez, and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until October 13, 2020. 

Issued this 16th day of October 2017. 

Karen H. Nies-Vogel, 

Director, Office of Exporter Services. 

[FR Doc. 2017–22828 Filed 10–19–17; 8:45 am] 

BILLING CODE P 

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 


srobinson on DSKBC5CHB2PROD with NOTICES
48794 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 

1The 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)). 

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. 

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 

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 


srobinson on DSKBC5CHB2PROD with NOTICES