Order Denying Export Privileges, 72322-72323 [2012-29374]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security

[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Notices]
[Pages 72322-72323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29374]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 Order Denying Export Privileges

    In the Matter of: Kue Sang Chun, currently incarcerated at: 
Register Number 56727-060, FCI Loretto, Federal Correctional 
Institution, P.O. Box 1,000, Loretto, PA 15940, and with an address 
at: 578 Treeside Lane, Avon Lake, OH 44012.

    On November 10, 2011, in the U.S. District Court, Northern District 
of Ohio, Kue Sang Chun (``Chun'') was convicted of violating Section 38 
of the Arms Export Control Act (22 U.S.C. 2778 (2000)) (``AECA''). 
Specifically, Chun was convicted of knowingly exporting and causing the 
export from the United States to South Korea of Infra Red Focal Plane 
Array detectors and Infra Red camera engines which are designated as 
defense articles on the United States Munitions List, without having 
first obtained from the Department of State a license for such export 
or written authorization for such export. Chun was sentenced to 14 
months in prison followed by two years of supervised release. Chun is 
also listed on the U.S. Department of State 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. 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 (2012). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. app. 
2401-2420 (2000)) (``EAA''). 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 15, 2012 (77 FR 49699 (Aug. 16, 2012)), 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 Chun's conviction for violating AECA, and 
have provided notice and an opportunity for Chun to make a written 
submission to BIS, as provided in Section 766.25 of the Regulations. I 
have received a submission from Chun. 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 Chun's 
export privileges under the Regulations for a period of five years from 
the date of Chun's conviction. I have also decided to revoke all 
licenses issued pursuant to the Act or Regulations in which Chun had an 
interest at the time of his conviction.
    Accordingly, it is hereby
    ordered
    I. Until November 10, 2016, Kue Sang Chun, with last known 
addresses at: currently incarcerated at: Register Number 56727-060, FCI 
Loretto, Federal Correctional Institution, P.O. Box 1,000, Loretto, PA 
15940, and with an address at: 578 Treeside Lane, Avon Lake, OH 44012, 
and when acting for or on behalf of Chun, his representatives, assigns, 
agents or employees (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

[[Page 72323]]

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 Chun 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 November 10, 2016.
    VI. In accordance with Part 756 of the Regulations, Chun 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 Chun. This 
Order shall be published in the Federal Register.

    Issued this --28th day of November, 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012-29374 Filed 12-4-12; 8:45 am]
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