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

Download as PDF 72322 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Notices DEPARTMENT OF COMMERCE Economic Development Administration The National Advisory Council on Innovation and Entrepreneurship Meeting of the National Advisory Council on Innovation and Entrepreneurship U.S. Department of Commerce. Notice of an open meeting. AGENCY: ACTION: Entrepreneurship, Room 7019, 1401 Constitution Avenue, Washington, DC 20230; telephone: 202–482–4068; fax: 202–273–4781. Please reference ‘‘NACIE December 11, 2012’’ in the subject line of your fax. Dated: November 11, 2012. Nish Acharya, Director, Office of Innovation & Entrepreneurship, U.S. Department of Commerce. [FR Doc. 2012–28600 Filed 12–4–12; 8:45 am] The National Advisory Council on Innovation and Entrepreneurship will hold a meeting on Tuesday, December 11, 2012. The open meeting will be held from 10:00 a.m.–12:00 p.m. and will be open to the public via conference call. The meeting will take place at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington DC 20230. The Council was chartered on November 10, 2009 to advise the Secretary of Commerce on matter related to innovation and entrepreneurship in the United States. DATE: December 11, 2012. Time: 10:00 a.m.–12:00 p.m. (EST). ADDRESSES: U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. Please specify if any specific requests for participation two business days in advance. Last minute requests will be accepted, but may be impossible to complete. SUMMARY: The purpose of the meeting is to discuss the latest initiatives by the Administration and the Secretary of Commerce on the issues of innovation, entrepreneurship and commercialization. The meeting will also discuss efforts by the U.S. Department of Commerce around manufacturing, exports and investment. Specific topics for discussion include manufacturing, investment, exports, innovation commercialization, entrepreneurship, federal programs for commercialization and technology transfer and a second term agenda supporting innovation, entrepreneurship and commercialization with senior Administration officials. Any member of the public may submit pertinent questions and comments concerning the Council’s affairs at any time before or after the meeting. Comments may be submitted to the Office of Innovation and Entrepreneurship at the contact information below. Copies of the meeting minutes will be available within 90 days. FOR FURTHER INFORMATION CONTACT: Nish Acharya, Office of Innovation and mstockstill on DSK4VPTVN1PROD with SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 17:19 Dec 04, 2012 Jkt 229001 BILLING CODE 3510–03–P 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 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)). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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. 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 E:\FR\FM\05DEN1.SGM 05DEN1 mstockstill on DSK4VPTVN1PROD with Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Notices 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 VerDate Mar<15>2010 17:19 Dec 04, 2012 Jkt 229001 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 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] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [C–570–938] Citric Acid and Certain Citrate Salts From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2010 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has completed its administrative review of the countervailing duty (CVD) order on citric acid and certain citrate salts from the People’s Republic of China for the period January 1, 2010, through December 31, 2010. On June 5, 2012, we published the preliminary results of this review.1 We provided interested parties with an opportunity to comment on the Preliminary Results. Our analysis of the comments submitted has not resulted in a change to the net subsidy rate for RZBC Co., Ltd., RZBC Juxian Co., Ltd., RZBC Imp. & Exp. Co., Ltd., and RZBC Group Shareholding Co., Ltd. (collectively, the RZBC Companies or RZBC). The final net subsidy rate for the RZBC Companies is listed below in the section entitled ‘‘Final Results of Review.’’ DATES: Effective Date: December 5, 2012. FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Patricia Tran, AD/ AGENCY: 1 See Citric Acid and Certain Citrate Salts from the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review, 77 FR 33167 (June 5, 2012) (Preliminary Results). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 72323 CVD Operations, Office 3, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–4793 and (202) 482–1503, respectively. SUPPLEMENTARY INFORMATION: Background Following the Preliminary Results, we received a case brief from the Government of the People’s Republic of China (GOC) and the RZBC Companies on July 12, 2012, and a rebuttal brief from Petitioners 2 on July 23, 2012. We did not hold a hearing in this review, as one was not requested. Scope of the Order The merchandise subject to the order is citric acid and certain citrate salts. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 2918.14.0000, 2918.15.1000, 2918.15.5000, 3824.90.9290, and 3824.90.9290. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description, available in Citric Acid and Certain Citrate Salts from the People’s Republic of China: Notice of Countervailing Duty Order, 74 FR 25705 (May 29, 2009), remains dispositive. Analysis of Comments Received All issues raised in the case briefs filed by the GOC and the RZBC Companies and the rebuttal brief filed by Petitioners are addressed in the Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, entitled ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Citric Acid and Certain Citrate Salts from the People’s Republic of China,’’ signed concurrently with this notice (Issues and Decision Memorandum), which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix I. The Issues and Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http:// iaaccess.trade.gov and in the Central Records Unit, room 7046 of the main 2 Petitioners are Archer Daniels Midland Company, Cargill, Incorporated, and Tate & Lyle Ingredients Americas LLC. E:\FR\FM\05DEN1.SGM 05DEN1

Agencies

[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.
---------------------------------------------------------------------------

    \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)).
---------------------------------------------------------------------------

    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]
BILLING CODE P