In the Matter of: Liem Duc Huynh, a/k/a Duc Huynh, 2905 South Elm, Broken Arrow, OK 74012; Order Denying Export Privileges, 21345-21346 [2013-08272]
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TKELLEY on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 69 / Wednesday, April 10, 2013 / Notices
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 Telemi 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
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17:59 Apr 09, 2013
Jkt 229001
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
November 30, 2022.
VI. In accordance with Part 756 of the
Regulations, Telemi 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 Telemi. This Order
shall be published in the Federal
Register.
Issued this 2nd day of April 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013–08274 Filed 4–9–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Liem Duc Huynh, a/k/
a Duc Huynh, 2905 South Elm, Broken
Arrow, OK 74012; Order Denying
Export Privileges
On April 17, 2012, in the U.S. District
Court, Central District of California,
Liem Duc Huynh (‘‘Huynh’’) was
convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C.
2778 (2006 & Supp. IV 2010)) (‘‘AECA’’).
Specifically, Huynh was convicted of
aiding and abetting and willfully
exporting Generation 3 Night Vision
Goggles, defense articles listed on the
United States Munitions List, from the
United States to Vietnam, without first
obtaining from the U.S. Department of
State a license or written authorization
for such export. Huynh was sentenced
to one day of prison, (credit for time
served), followed by three years of
supervised release and a $1,500 fine.
Huynh 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
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
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Fmt 4703
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21345
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.
I have received notice of Huynh’s
conviction for violating the AECA, and
have provided notice and an
opportunity for Huynh to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations. I
have not received a submission from
Huynh. 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 Huynh’s export
privileges under the Regulations for a
period of 10 years from the date of
Huynh’s conviction. I have also decided
to revoke all licenses issued pursuant to
the Act or Regulations in which Huynh
had an interest at the time of his
conviction.
Accordingly, it is hereby
Ordered
I. Until April 17, 2022, Liem Duc
Huynh (‘‘Huynh’’), with a last known
address at: 2905 South Elm, Broken
Arrow, OK 74012, and when acting for
or on behalf of Huynh, 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
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 Fed. Reg. 49699
(August 16, 2012)), has continued the Regulations
in effect under the International Emergency
Economic Powers Act (50 U.S.C. 1701, et seq. (2006
& Supp. IV 2010)).
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TKELLEY on DSK3SPTVN1PROD with NOTICES
21346
Federal Register / Vol. 78, No. 69 / Wednesday, April 10, 2013 / Notices
(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.
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17:59 Apr 09, 2013
Jkt 229001
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 Huynh 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 foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until April 17,
2022.
VI. In accordance with Part 756 of the
Regulations, Huynh 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 Huynh. This Order
shall be published in the Federal
Register.
3. Emerging Technologies—Results
from the Conference: Impact of Export
Controls on Higher Education and
Scientific Institutions—March 26–27,
2013, at the University of Pennsylvania.
4. Intelligence and National Security
Alliance Innovations Showcase
Program.
Issued this 2nd day of April 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
1. Discussion on status of the Export
Control Reform Initiatives.
2. Basic Research and Emerging
Technologies.
3. Emerging Technologies and Export
Controls-NASA Tech Briefs.
4. Emerging Technologies
Implications for Industry-University
Collaborations.
5. Upcoming Committee tasks.
The open sessions will be accessible via
teleconference to 40 participants on a
first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at
Yvette.Springer@bis.doc.gov no later
than, April 18, 2013.
A limited number of seats will be
available for the public session.
Reservations are not accepted. To the
extent that time permits, members of the
public may present oral statements to
the Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
the distribution of public presentation
materials to the Committee members,
the Committee suggests that presenters
forward the public presentation
materials prior to the meeting to Ms.
Springer via email.
For more information, call Yvette
Springer at (202) 482–2813.
[FR Doc. 2013–08272 Filed 4–9–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Emerging Technology and Research
Advisory Committee; Notice of
Partially Closed Meeting
The Emerging Technology and
Research Advisory Committee (ETRAC)
will meet on April 25 and 26, 2013, 8:30
a.m., Room 3884, at the Herbert C.
Hoover Building, 14th Street between
Pennsylvania and Constitution Avenues
NW., Washington, DC. The Committee
advises the Office of the Assistant
Secretary for Export Administration on
emerging technology and research
activities, including those related to
deemed exports.
Agenda
Thursday, April 25
Open Session: 8:30 a.m.–11:30 a.m.
1. Opening Remarks.
2. Panel Discussion on Deemed
Exports.
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Closed Session: 1:30 p.m.–4:00 p.m.
Discussion of matters determined to
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 2 §§ 10(a)(1) and 10(a)(3).
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on October 4, 2012,
pursuant to Section 10(d) of the Federal
Advisory Committee Act, as amended,
that the portion of the meeting dealing
with matters the of which would be
likely to frustrate significantly
implementation of a proposed agency
action as described in 5 U.S.C. 552b(c)
(9)(B) shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. app. 2 §§ 10(a)1 and
10(a)(3). The remaining portions of the
meeting will be open to the public.
Friday, April 26
Open Session: 8:30 a.m.–3:30 p.m.
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]]>Agencies
[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Notices]
[Pages 21345-21346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08272]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Liem Duc Huynh, a/k/a Duc Huynh, 2905 South
Elm, Broken Arrow, OK 74012; Order Denying Export Privileges
On April 17, 2012, in the U.S. District Court, Central District of
California, Liem Duc Huynh (``Huynh'') was convicted of violating
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp.
IV 2010)) (``AECA''). Specifically, Huynh was convicted of aiding and
abetting and willfully exporting Generation 3 Night Vision Goggles,
defense articles listed on the United States Munitions List, from the
United States to Vietnam, without first obtaining from the U.S.
Department of State a license or written authorization for such export.
Huynh was sentenced to one day of prison, (credit for time served),
followed by three years of supervised release and a $1,500 fine. Huynh
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. 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. Sec. 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.
Sec. Sec. 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 Fed. Reg. 49699 (August 16,
2012)), has continued the Regulations in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.
(2006 & Supp. IV 2010)).
---------------------------------------------------------------------------
I have received notice of Huynh's conviction for violating the
AECA, and have provided notice and an opportunity for Huynh to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from Huynh. 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 Huynh's export privileges under the Regulations for a period of
10 years from the date of Huynh's conviction. I have also decided to
revoke all licenses issued pursuant to the Act or Regulations in which
Huynh had an interest at the time of his conviction.
Accordingly, it is hereby
Ordered
I. Until April 17, 2022, Liem Duc Huynh (``Huynh''), with a last
known address at: 2905 South Elm, Broken Arrow, OK 74012, and when
acting for or on behalf of Huynh, 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
[[Page 21346]]
(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 Huynh 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 17, 2022.
VI. In accordance with Part 756 of the Regulations, Huynh 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 Huynh. This
Order shall be published in the Federal Register.
Issued this 2nd day of April 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-08272 Filed 4-9-13; 8:45 am]
BILLING CODE P
