Action Affecting Export Privileges; XU WEIBO, a/k/a “KEVIN XU”; HAO LI CHEN, a/k/a “ALI CHAN”; XIU LING CHEN, a/k/a “LINDA CHEN” and KWAN CHUN CHAN, a/k/a “JENNY CHAN”, 69650-69652 [07-5987]
Download as PDF
<![CDATA[
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69650
Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices
(‘‘Regulations’’) provide, 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 * * * any
regulation, license or order issued under
the International Emergency Economic
Powers Act,’’ for a period not to exceed
10 years from the date of conviction. 15
CFR 766.25(a) and (d). In addition,
Section 750.8 of the Regulations states
that Bureau of Industry’s (‘‘BIS’’) Office
of Exporter Services may revoke any BIS
licenses previously issued in which the
person had an interest in at the time of
his conviction.
I have received notice of Koh’s
conviction for violating the IEEPA, and
have provided notice and an
opportunity for Koh to make a written
submission to the Bureau of Industry
and Security as provided in Section
766.25 of the Regulations. Having
received no submission from Koh, I,
following consultations with BIS’s
Office of Export Enforcement, including
its Director, have decided to deny Koh’s
export privileges under the Regulations
for a period of 10 years from the date of
Koh’s conviction.
Accordingly, it is hereby ordered.
I. Until October 13, 2016, Ernest Koh
Chong Tek, Ernest Koh Chong Tek,
currently incarcerated at: USM #73762–
053, Federal Correctional Inst. (FCI),
P.O. Drawer 30, McRae, Georgia 31055,
and with an address at: Blk 136 #09–430
Bishan Street 12, Singapore 570136, and
when acting for or on behalf of Koh, 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. Benefiting in any way from any
transaction involving any item exported
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15:35 Dec 07, 2007
Jkt 214001
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 ot
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 Ernest Koh
Chong Tek 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 foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shll remain in effect until October
13, 2016.
PO 00000
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Fmt 4703
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VI. In accordance with Part 756 of the
Regulations, Koh 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 Koh. This Order shall be
published in Federal Register.
Dated: November 27, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07–5986 Filed 12–7–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; XU
WEIBO, a/k/a ‘‘KEVIN XU’’; HAO LI
CHEN, a/k/a ‘‘ALI CHAN’’; XIU LING
CHEN, a/k/a ‘‘LINDA CHEN’’ and KWAN
CHUN CHAN, a/k/a ‘‘JENNY CHAN’’
In the Matter of: Xu Weibo, a/k/a ‘‘Kevin
Xu’’, 21 Wood View Drive, Mt. Laurel, NJ
08504, Respondent: and Hao Li Chen, a/k/a
‘‘Ali Chan’’ currently incarcerated at: 40922–
050 FCI Fairton, Federal Correctional
Institution, P.O. Box 420, Fairton, NJ 08320
and with an address at: 11 Long Bridge
Avenue, Mount Laurel, NJ 08504 and Xiu
Ling Chen, a/k/a ‘‘Linda Chen’’, 21 Wood
View Drive, Mount Laurel, NJ 08504 and
Kwan Chun Chan, a/k/a ‘‘Jenny Chan’’, 11
Long Bridge Avenue, Mount Laurel, NJ
08504, Related Persons
Ordering Denying Export Privileges
A. Denial of Export Privileges of Xu
Weibo, a/k/a Kevin Xu
On May 4, 2006, in the District Court
for the District of New Jersey, Xu Weibo,
a/k/a ‘‘Kevin Xu’’ (‘‘Xu’’) pled guilty to
knowingly and willfully ordering,
buying, removing, concealing, storing,
using, selling, loaning, disposing of,
transferring, transporting, financing,
forwarding and otherwise servicing, in
whole or in part, items exported and to
be exported from the U.S., specifically,
certain Gallium Arsenide Monolithic
Microwave Integrated Circuits to the
People’s Republic of China, with
knowledge that a violation of the Act,
the Regulations and any order, license
and authorization issued thereunder,
had occurred, was about to occur or was
intended to occur in connection with
the items, in violation of the
International Emergency Economic
Powers Act (50 U.S.C. 1701–1706
(2000)) (‘‘IEEPA’’). The involved
Commerce controlled items were
classified under Export Control
Classification Number 3A001 on the
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rmajette on PROD1PC64 with NOTICES
Commerce Control List and controlled
for National Security (NS) and AntiTerrorism (AT) reasons. Xu also pled
guilty to knowingly and willfully
exporting to the People’s Republic of
China defense articles, designated as
‘‘military electronics’’ on the United
States Munitions list, namely, U.S.
military-grade Monolithic Microwave
Integrated Circuits, without first
obtaining the required license for such
export, in violation of Section 38 of the
Arms Export Control Act (22 U.S.C.
2778 (2000)) (‘‘AECA’’). In addition, Xu
also pled guilty to conspiring to violate
the export control laws in violation of
18 U.S.C. 371. Xu was sentenced to 44
months of imprisonment for each of the
three counts, to run concurrently,
followed by two years of supervised
release for each of three counts, to run
concurrently.
Section 11(h) of the Export
Administration Act of 1979, as amended
(currently codified at 50 U.S.C. app.
2401–2420 (2000)) (the ‘‘Act’’) 1 and
Section 766.25 of the Export
Administration Regulations
(‘‘Regulations’’) 2 provide, in pertinent
part, that ‘‘[t]he Director of Exporter
Services, in consultation with the
Director of the Office of Export
Enforcement, may deny export
privileges of any person who has been
convicted of a violation of * * * IEEPA
and AECA,’’ for a period not to exceed
10 years from the date of conviction. 15
CFR 766.25(a) and (d). In addition,
Section 750.8 of the Regulations states
that BIS’s Office of Exporter Services
may revoke any BIS licenses previously
issued in which the person had an
interest in at the time of his conviction.
I have received notice of Xu’s
conviction for violating the IEEPA and
AECA, and have provided notice and an
opportunity for Xu to make a written
submission to the Bureau of Industry
and Security as provided in Section
766.25 of the Regulations. Having
received no submission from Xu, I,
following consultations with the Office
of Export Enforcement, including its
Director, have decided to deny Xu’s
export privileges under the Regulations
for a period of 10 years from the date of
Xu’s conviction. I have also decided to
revoke all licenses issued pursuant to
the Act of Regulations in which the
1 50 U.S.C. app. §§ 2401–2420. 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)), as extended by the
Notice of August 15, 2007 (72 FR 46137, Aug. 16,
2007), has continued the Regulations in effect under
the International Emergency Economic Powers Act
(50 U.S.C. 1701–1706 (2000)) (‘‘IEEPA’’).
2 The Regulations are currently codified at 15 CFR
parts 730–774 (2007).
VerDate Aug<31>2005
15:35 Dec 07, 2007
Jkt 214001
Related Persons had an interest at the
time of Xu’s conviction.
B. Denial of Export Privileges of Related
Persons
Pursuant to Sections 766.25(h) and
766.23 of the Regulations, the Director
of BIS’s Office of Exporter Services, in
consultation with the Director of BIS’s
Office of Export Enforcement, may take
action to name persons related to a
Respondent by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business in order to prevent evasion
of a denial order. I gave notice to Hao
Li Chen (a/k/a ‘‘Ali Chan’’), Kwan Chun
Chan, (a/k/a ‘‘Jenny Chan’’) and Xiu
Ling Chen (a/k/a ‘‘Linda Chen’’),
notifying them that their export
privileges under the Regulations could
be denied for up to 10 years as BIS
believes that they are related to Xu and
that naming them as persons related to
Xu would be necessary to prevent
evasion of a denial order imposed
against Xu. These individuals all pled
guilty to conspiring to violate the export
control laws in connection with the
export of Commerce and State
controlled electronic components to the
People’s Republic of China without the
required license, in violation of 18
U.S.C. 371. Based on this conspiracy,
Hao Li Chen was sentenced to 30
months imprisonment, followed by two
years of supervised release. Kwan Chun
Chan was sentenced to two years of
probation. Xiu Ling Chen was sentenced
to 18 months of imprisonment, followed
by two years of supervised release. Hao
Li Chen, Kwan Chun Chan and Xiu Ling
Chen are related to Xu by ownership,
control, position of responsibility,
affiliation, or other connection in the
conduct of trade or business because
they all hold positions of responsibility
in the same corporation as Xu, which is
the corporation through which Xu’s
criminal violations took place.
Having received no submission from
the Related Persons, I have decided,
following consultations with the Office
of Export Enforcement, including its
Director, to name them as related
persons to the Xu Denial Order, thereby
denying their export privileges for 10
years from the date of Xu’s conviction.
I have also decided to revoke all
licenses issued pursuant to the Act or
Regulations in which the Related
Persons had an interest at the time of
Xu’s conviction. The 10-year denial
period ends on May 4, 2016.
Accordingly, it is hereby ordered,
I. Until May 4, 2016, Xu Weibo, a/k/
a ‘‘Kevin Xu’’, 21 Wood View Drive, Mt.
Laurel, NJ 08504, and when acting for
or on his behalf, his employees, agents
PO 00000
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Fmt 4703
Sfmt 4703
69651
or representatives, (‘‘the Denied
Person’’) and the following persons
related to the Denied Person as defined
by Section 766.23 of the Regulations:
Hao Li Chen, a/k/a ‘‘Ali Chan’’,
currently incarcerated at: 40922–050,
FCI Fairton, Federal Correctional
Institution, P.O. Box 420, Fairton, NJ
08320, and with an address at 11 Long
Bridge Avenue, Mount Laurel, NJ 08504;
Xiu Ling Chen, a/k/a ‘‘Linda Chen’’, 21
Wood View Drive, Mount Laurel, NJ
08504; and Kwan Chun Chan, a/k/a
‘‘Jenny Chan’’, 11 Long Bridge Avenue,
Mount Laurel, NJ 08504, and when
acting for or on their behalf, their
employees, agents or representatives,
(‘‘the Related Persons’’) (together, the
Denied Person and the Related Persons
are ‘‘Persons Subject To This Order’’)
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 noegotations
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 Persons Subject To This Order
any item subject to the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Persons Subject To This Order 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 Persons Subject
To This Order acquires or attempts to
acquire such ownership, possession or
control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
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Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices
acquisition from the Persons Subject To
This Order of any item subject to the
Regulations that has been exported from
the United States;
D. Obtain from the Persons Subject To
This Order 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 Persons
Subject To This Order, or service any
item, of whatever origin, that is owned,
possessed or controlled by the Persons
Subject To This Order 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. In addition to the Related Person
named above, 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 Xu 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 foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until May 4,
2016.
VI. In accordance with part 756 of the
Regulations, Xu 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. In accordance with part 756 of the
Regulations, the related persons may
also file an appeal of this Order with the
Under Secretary of Commerce for
Industry and Security.
VIII. A copy of this Order shall be
delivered to Xu and the Related Persons.
This Order shall be published in the
Federal Register.
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15:35 Dec 07, 2007
Jkt 214001
Dated: November 27, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07–5987 Filed 12–07–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
International Trade Administration
Proposed Information Collection;
Comment Request; Application for the
President’s ‘‘E’’ and ‘‘E STAR’’ Awards
for Export Expansion
International Trade
Administration (ITA).
ACTION: Notice.
AGENCY:
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before February 8, 2008.
ADDRESSES: Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Jennifer Kirsch,
Jennifer.Kirsch@mail.doc.gov, phone
(202) 482–5449, fax (202) 482–5362.
SUPPLEMENTARY INFORMATION:
I. Abstract
The President’s ‘‘E’’ Award for
Excellence in Exporting is our nation’s
highest award to honor American
exporters. ‘‘E’’ Awards recognize firms
and organizations for their competitive
achievements in world markets, as well
as the benefits of their success to the
U.S. economy. The President’s ‘‘E
STAR’’ Award recognizes the sustained
superior international marketing
performance of ‘‘E’’ Award winners.
II. Method of Collection
The application form is available on
the Internet. Applicants are required to
submit one electronic version and one
hard copy.
III. Data
OMB Control Number: 0625–0065.
Form Number(s): ITA–725P.
PO 00000
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Fmt 4703
Sfmt 4703
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
10.
Estimated Time Per Response: 20
hours.
Estimated Total Annual Burden
Hours: 200.
Estimated Total Annual Cost to
Public: $0.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: December 4, 2007.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E7–23848 Filed 12–7–07; 8:45 am]
BILLING CODE 3510–FP–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic from the People’s
Republic of China: Notice of
Preliminary Results and Preliminary
Partial Rescission of the Twelfth
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on fresh garlic
from the People’s Republic of China
(‘‘PRC’’) covering the period of review
(‘‘POR’’) of November 1, 2005, through
October 31, 2006. As discussed below,
we preliminarily determine that certain
respondents in this review made sales
in the United States at prices below
AGENCY:
E:\FR\FM\10DEN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 236 (Monday, December 10, 2007)]
[Notices]
[Pages 69650-69652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5987]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; XU WEIBO, a/k/a ``KEVIN XU'';
HAO LI CHEN, a/k/a ``ALI CHAN''; XIU LING CHEN, a/k/a ``LINDA CHEN''
and KWAN CHUN CHAN, a/k/a ``JENNY CHAN''
In the Matter of: Xu Weibo, a/k/a ``Kevin Xu'', 21 Wood View
Drive, Mt. Laurel, NJ 08504, Respondent: and Hao Li Chen, a/k/a
``Ali Chan'' currently incarcerated at: 40922-050 FCI Fairton,
Federal Correctional Institution, P.O. Box 420, Fairton, NJ 08320
and with an address at: 11 Long Bridge Avenue, Mount Laurel, NJ
08504 and Xiu Ling Chen, a/k/a ``Linda Chen'', 21 Wood View Drive,
Mount Laurel, NJ 08504 and Kwan Chun Chan, a/k/a ``Jenny Chan'', 11
Long Bridge Avenue, Mount Laurel, NJ 08504, Related Persons
Ordering Denying Export Privileges
A. Denial of Export Privileges of Xu Weibo, a/k/a Kevin Xu
On May 4, 2006, in the District Court for the District of New
Jersey, Xu Weibo, a/k/a ``Kevin Xu'' (``Xu'') pled guilty to knowingly
and willfully ordering, buying, removing, concealing, storing, using,
selling, loaning, disposing of, transferring, transporting, financing,
forwarding and otherwise servicing, in whole or in part, items exported
and to be exported from the U.S., specifically, certain Gallium
Arsenide Monolithic Microwave Integrated Circuits to the People's
Republic of China, with knowledge that a violation of the Act, the
Regulations and any order, license and authorization issued thereunder,
had occurred, was about to occur or was intended to occur in connection
with the items, in violation of the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706 (2000)) (``IEEPA''). The involved
Commerce controlled items were classified under Export Control
Classification Number 3A001 on the
[[Page 69651]]
Commerce Control List and controlled for National Security (NS) and
Anti-Terrorism (AT) reasons. Xu also pled guilty to knowingly and
willfully exporting to the People's Republic of China defense articles,
designated as ``military electronics'' on the United States Munitions
list, namely, U.S. military-grade Monolithic Microwave Integrated
Circuits, without first obtaining the required license for such export,
in violation of Section 38 of the Arms Export Control Act (22 U.S.C.
2778 (2000)) (``AECA''). In addition, Xu also pled guilty to conspiring
to violate the export control laws in violation of 18 U.S.C. 371. Xu
was sentenced to 44 months of imprisonment for each of the three
counts, to run concurrently, followed by two years of supervised
release for each of three counts, to run concurrently.
Section 11(h) of the Export Administration Act of 1979, as amended
(currently codified at 50 U.S.C. app. 2401-2420 (2000)) (the ``Act'')
\1\ and Section 766.25 of the Export Administration Regulations
(``Regulations'') \2\ provide, in pertinent part, that ``[t]he Director
of Exporter Services, in consultation with the Director of the Office
of Export Enforcement, may deny export privileges of any person who has
been convicted of a violation of * * * IEEPA and AECA,'' for a period
not to exceed 10 years from the date of conviction. 15 CFR 766.25(a)
and (d). In addition, Section 750.8 of the Regulations states that
BIS's Office of Exporter Services may revoke any BIS licenses
previously issued in which the person had an interest in at the time of
his conviction.
I have received notice of Xu's conviction for violating the IEEPA
and AECA, and have provided notice and an opportunity for Xu to make a
written submission to the Bureau of Industry and Security as provided
in Section 766.25 of the Regulations. Having received no submission
from Xu, I, following consultations with the Office of Export
Enforcement, including its Director, have decided to deny Xu's export
privileges under the Regulations for a period of 10 years from the date
of Xu's conviction. I have also decided to revoke all licenses issued
pursuant to the Act of Regulations in which the Related Persons had an
interest at the time of Xu's conviction.
---------------------------------------------------------------------------
\1\ 50 U.S.C. app. Sec. Sec. 2401-2420. 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)), as extended
by the Notice of August 15, 2007 (72 FR 46137, Aug. 16, 2007), has
continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000))
(``IEEPA'').
\2\ The Regulations are currently codified at 15 CFR parts 730-
774 (2007).
---------------------------------------------------------------------------
B. Denial of Export Privileges of Related Persons
Pursuant to Sections 766.25(h) and 766.23 of the Regulations, the
Director of BIS's Office of Exporter Services, in consultation with the
Director of BIS's Office of Export Enforcement, may take action to name
persons related to a Respondent by ownership, control, position of
responsibility, affiliation, or other connection in the conduct of
trade or business in order to prevent evasion of a denial order. I gave
notice to Hao Li Chen (a/k/a ``Ali Chan''), Kwan Chun Chan, (a/k/a
``Jenny Chan'') and Xiu Ling Chen (a/k/a ``Linda Chen''), notifying
them that their export privileges under the Regulations could be denied
for up to 10 years as BIS believes that they are related to Xu and that
naming them as persons related to Xu would be necessary to prevent
evasion of a denial order imposed against Xu. These individuals all
pled guilty to conspiring to violate the export control laws in
connection with the export of Commerce and State controlled electronic
components to the People's Republic of China without the required
license, in violation of 18 U.S.C. 371. Based on this conspiracy, Hao
Li Chen was sentenced to 30 months imprisonment, followed by two years
of supervised release. Kwan Chun Chan was sentenced to two years of
probation. Xiu Ling Chen was sentenced to 18 months of imprisonment,
followed by two years of supervised release. Hao Li Chen, Kwan Chun
Chan and Xiu Ling Chen are related to Xu by ownership, control,
position of responsibility, affiliation, or other connection in the
conduct of trade or business because they all hold positions of
responsibility in the same corporation as Xu, which is the corporation
through which Xu's criminal violations took place.
Having received no submission from the Related Persons, I have
decided, following consultations with the Office of Export Enforcement,
including its Director, to name them as related persons to the Xu
Denial Order, thereby denying their export privileges for 10 years from
the date of Xu's conviction.
I have also decided to revoke all licenses issued pursuant to the
Act or Regulations in which the Related Persons had an interest at the
time of Xu's conviction. The 10-year denial period ends on May 4, 2016.
Accordingly, it is hereby ordered,
I. Until May 4, 2016, Xu Weibo, a/k/a ``Kevin Xu'', 21 Wood View
Drive, Mt. Laurel, NJ 08504, and when acting for or on his behalf, his
employees, agents or representatives, (``the Denied Person'') and the
following persons related to the Denied Person as defined by Section
766.23 of the Regulations: Hao Li Chen, a/k/a ``Ali Chan'', currently
incarcerated at: 40922-050, FCI Fairton, Federal Correctional
Institution, P.O. Box 420, Fairton, NJ 08320, and with an address at 11
Long Bridge Avenue, Mount Laurel, NJ 08504; Xiu Ling Chen, a/k/a
``Linda Chen'', 21 Wood View Drive, Mount Laurel, NJ 08504; and Kwan
Chun Chan, a/k/a ``Jenny Chan'', 11 Long Bridge Avenue, Mount Laurel,
NJ 08504, and when acting for or on their behalf, their employees,
agents or representatives, (``the Related Persons'') (together, the
Denied Person and the Related Persons are ``Persons Subject To This
Order'') 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 noegotations 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 Persons Subject To
This Order any item subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Persons Subject To This Order 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 Persons
Subject To This Order acquires or attempts to acquire such ownership,
possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted
[[Page 69652]]
acquisition from the Persons Subject To This Order of any item subject
to the Regulations that has been exported from the United States;
D. Obtain from the Persons Subject To This Order 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 Persons Subject To
This Order, or service any item, of whatever origin, that is owned,
possessed or controlled by the Persons Subject To This Order 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. In addition to the Related Person named above, 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 Xu 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 4, 2016.
VI. In accordance with part 756 of the Regulations, Xu 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. In accordance with part 756 of the Regulations, the related
persons may also file an appeal of this Order with the Under Secretary
of Commerce for Industry and Security.
VIII. A copy of this Order shall be delivered to Xu and the Related
Persons. This Order shall be published in the Federal Register.
Dated: November 27, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07-5987 Filed 12-07-07; 8:45 am]
BILLING CODE 3510-DT-M
