Action Affecting Export Privileges; Shu Quan-Sheng, 32741-32742 [2010-13896]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security
• Industry and Security Bureau

[Federal Register Volume 75, Number 110 (Wednesday, June 9, 2010)]
[Notices]
[Pages 32741-32742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13896]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Shu Quan-Sheng

    In the Matter of: Shu Quan-Sheng, Register 58250-083, 
FCI LA Tuna, Federal Correctional Institution, P.O. Box 3000, 
Anthony, TX 88021 and 816 Holbrook Drive, Newport News, VA 23602.

Order Denying Export Privileges

    On April 10, 2009, in the U.S. District Court for the Eastern 
District of Virginia, Shu Quan-Sheng (``Quan-Sheng'') pleaded guilty to 
and was convicted of violating two counts of Section 38 of the Arms 
Export Control Act (22 U.S.C. 2778 (2000)) (``AECA''), and one count of 
violating the Foreign Corrupt Practices Act (15 U.S.C. 78dd-1 and 78dd-
2). Specifically, Quan-Sheng was convicted of illegally exporting space 
launch technical data and defense services to the People's Republic of 
China and offering bribes to Chinese government officials. Quan-Sheng 
was sentenced to 51 months in prison, two years supervised release, and 
a $300 special assessment. Quan-Sheng is listed on the Department of 
State's Debarred List.
    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 [Export 
Administration Act (``EAA'')], 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. app. Sec.  2410(h). The denial of 
export privileges under this provision may be for a period of up to 10 
years from the date of the conviction. 15 CFR 766.25(d); see also 50 
U.S.C. app. 2410(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 in which the person had an interest in at 
the time of his conviction.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2009). The Regulations 
issued pursuant to the EAA (50 U.S.C. app. 2401-2420 (2000)). Since 
August 21, 2001, the EAA 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 13, 2009 (74 FR 
41325, August 14, 2009), has continued the Regulations in effect 
under the International Emergency Economic Powers Act (50 U.S.C. 
1701 et seq. (2000)).
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    I have received notice of Quan-Sheng's conviction for violating the 
AECA, and have provided notice and an opportunity for Quan-Sheng to 
make a written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from

[[Page 32742]]

Quan-Sheng. 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 Quan-Sheng's export privileges under the 
Regulations for a period of five years from the date of Quan-Sheng's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Quan-Sheng had an interest at the 
time of his conviction.
    Accordingly, it is hereby Ordered:
    I. Until April 10, 2014, Shu Quan-Sheng, with a last known address 
at: Register 58250-083, FCI LA Tuna, Federal Correctional 
Institution, P.O. Box 3000, Anthony, TX 88021 and 816 Holbrook Drive, 
Newport News, VA 23602, and when acting for or on behalf of Quan-Sheng, 
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, 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. 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 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.
    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 Quan-Sheng by affiliation, 
ownership, control or position of responsibility in the conduct of 
trade or related services may also be 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 April 10, 2014.
    VI. In accordance with Part 756 of the Regulations, Quan-Sheng 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 the Quan-Sheng. 
This Order shall be published in the Federal Register.

    Issued this 28th day of May, 2010.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2010-13896 Filed 6-8-10; 8:45 am]
BILLING CODE 3510-DT-P