In the Matter of: Thomas Allen Glomski, 8030 E Lakeside Parkway, Apt. 2207, Tucson, AZ 85730; Order Denying Export Privileges
| Published date | 20 March 2024 |
| Record Number | 2024-05818 |
| Citation | 89 FR 19799 |
| Court | Industry And Security Bureau |
| Section | Notices |
Federal Register, Volume 89 Issue 55 (Wednesday, March 20, 2024)
[Federal Register Volume 89, Number 55 (Wednesday, March 20, 2024)]
[Notices]
[Pages 19799-19800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05818]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Thomas Allen Glomski, 8030 E Lakeside Parkway,
Apt. 2207, Tucson, AZ 85730; Order Denying Export Privileges
On May 12, 2022, in the U.S. District Court for the District of
Arizona, Thomas Allen Glomski (``Glomski'') was convicted of violating
18 U.S.C. 371 and 18 U.S.C. 554(a). Specifically, Glomski was convicted
of conspiring to smuggle and smuggling ammunition from the United
States to Mexico. As a result of his conviction, the Court sentenced
Glomski to time served, 36 months of supervised release, 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.
371 and 18 U.S.C. 554, 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.
---------------------------------------------------------------------------
\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 Glomski's conviction for violating 18 U.S.C.
371 and 18 U.S.C. 554. As provided in section 766.25 of the Export
Administration Regulations (``EAR'' or the ``Regulations''), BIS
provided notice and opportunity for Glomski to make a written
submission to BIS. 15 CFR 766.25.\2\ BIS has not received a written
submission from Glomski.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2023).
---------------------------------------------------------------------------
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 Glomski's export privileges
under the Regulations for a period of seven years from the date of
Glomski's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Glomski 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 May 12, 2029, Thomas Allen
Glomski, with a last known address of 8030 E Lakeside Parkway, Apt.
2207, Tucson, AZ 85730, 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
[[Page 19800]]
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, corporation, or
business organization related to Glomski 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, Glomski 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 Glomski and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until May 12, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2024-05818 Filed 3-19-24; 8:45 am]
BILLING CODE 3510-DT-P
