In the Matter of: Ge Song Tao (Ge), Block 3, Zijinyuan, No. 5 Muxuyuan Street, Nanjing, 210007 China; Order Denying Export Privileges, 2604-2605 [2023-00710]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 2604 Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices exported from the United States that is subject to the Regulations, or engaging 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 from any other activity subject to the Regulations. Second, no person may, directly or indirectly, do any of the following: A. Export, reexport, or transfer (incountry) 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. Third, pursuant to Section 1760(e) of ECRA and Sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Medina by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with Part 756 of the Regulations, Medina may file an appeal of this Order with the Under Secretary of Commerce for Industry and VerDate Sep<11>2014 18:16 Jan 13, 2023 Jkt 259001 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. Fifth, a copy of this Order shall be delivered to Medina and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until February 22, 2026. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–00709 Filed 1–13–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Ge Song Tao (Ge), Block 3, Zijinyuan, No. 5 Muxuyuan Street, Nanjing, 210007 China; Order Denying Export Privileges Washington, DC 20230 On July 14, 2021, in the U.S. District Court for the Middle District of Florida, Ge Song Tao (‘‘Ge’’) was convicted of violating 18 U.S.C. 371 and 18 U.S.C. 554(a). Specifically, Ge was convicted of conspiring to submit false export information through the federal government’s Automated Export System and to export maritime raiding craft and engines to China fraudulently, and attempting to export that equipment fraudulently. As a result of his conviction, the Court sentenced Ge to 42 months of confinement, three years of supervised release, $50,000 criminal fine and $200 assessment. Pursuant to Section 1760(e) of the Export Control Reform Act (‘‘ECRA’’),1 the export privileges of any person who has been convicted of certain offenses, including, but not limited to, 18 U.S.C. 371 and 18 U.S.C. 554, may be denied for a period of up to ten (10) years from the date of his/her conviction. 50 U.S.C. 4819(e). In addition, any Bureau of Industry and Security (‘‘BIS’’) licenses or other authorizations issued under ECRA, in which the person had an interest at the time of the conviction, may be revoked. Id. BIS received notice of Ge’s conviction for violating 18 U.S.C. 371 and 18 U.S.C. 554. As provided in Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’), BIS provided notice and opportunity for Ge to make a written submission to BIS. 15 1 ECRA was enacted on August 13, 2018, as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, and as amended is codified at 50 U.S.C. 4801–4852. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 CFR 766.25.2 BIS has not received a written submission from Ge. Based upon my review of the record and consultations with BIS’s Office of Exporter Services, including its Director, and the facts available to BIS, I have decided to deny Ge’s export privileges under the Regulations for a period of 10 years from the date of Ge’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Ge had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until July 14, 2031, Ge Song Tao, with a last known address of Block 3, Zijinyuan, No. 5 Muxuyuan Street, Nanjing, 210007 China, and when acting for or on his behalf, his successors, assigns, employees, agents or representatives (‘‘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 engaging 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 from any other activity subject to the Regulations. Second, no person may, directly or indirectly, do any of the following: A. Export, reexport, or transfer (incountry) 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 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2022). 3 The Director, Office of Export Enforcement, is the authorizing official for issuance of denial orders pursuant to amendments to the Regulations (85 FR 73411, November 18, 2020). E:\FR\FM\17JAN1.SGM 17JAN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices 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. Third, pursuant to Section 1760(e) of ECRA and Sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Ge by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with Part 756 of the Regulations, Ge 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. Fifth, a copy of this Order shall be delivered to Ge and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until July 14, 2031. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2023–00710 Filed 1–13–23; 8:45 am] BILLING CODE 3510–DT–P VerDate Sep<11>2014 18:16 Jan 13, 2023 Jkt 259001 DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Brett McGinnis, 54 North St. Andrews Drive, Ormond Beach, FL 32174; Order Denying Export Privileges On September 16, 2021, in the U.S. District Court for the Southern District of Texas, Brett McGinnis (‘‘McGinnis’’) was convicted of violating 18 U.S.C. 554. Specifically, McGinnis was convicted of knowingly and willfully exporting and smuggling from the United States to Mexico, a Beretta Model 84, .380 caliber pistol; a Beretta, Model 92FS, .22LR caliber pistol; 2,451 rounds of .22 caliber ammunition; 1,500 rounds of Fiocchi .38 Super Caliber Ammunition, 500 rounds of Magtech .44 Caliber Ammunition; 440 rounds of TulAmmo 7.62 caliber Ammunition; 300 Rounds of G2 Research .380 Caliber Ammunition; 200 Rounds of G2 Research 9mm Ammunition; 200 Rounds of Hornady .270 Caliber Ammunition; 150 Rounds of Remington .45 Caliber Colt Ammunition; 120 Rounds of Remington .308 Caliber Ammunition; and various other firearms, firearms parts, and ammunition. As a result of his conviction, the Court sentenced McGinnis to 24 months in prison, three years supervised release, $100 special assessment, and a $10,000 fine. Pursuant to section 1760(e) of the Export Control Reform Act (‘‘ECRA’’),1 the export privileges of any person who has been convicted of certain offenses, including, but not limited to, 18 U.S.C. 554, may be denied for a period of up to ten (10) years from the date of his/her conviction. 50 U.S.C. 4819(e). In addition, any Bureau of Industry and Security (‘‘BIS’’) licenses or other authorizations issued under ECRA, in which the person had an interest at the time of the conviction, may be revoked. Id. BIS received notice of McGinnis’s conviction for violating 18 U.S.C. 554. As provided in section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’), BIS provided notice and opportunity for McGinnis to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from McGinnis. 1 ECRA was enacted on August 13, 2018, as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, and as amended is codified at 50 U.S.C. 4801–4852. 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2022). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 2605 Based upon my review of the record and consultations with BIS’s Office of Exporter Services, including its Director, and the facts available to BIS, I have decided to deny McGinnis’s export privileges under the Regulations for a period of ten-years from the date of McGinnis’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which McGinnis had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until September 16, 2031, McGinnis, with a last known address of 54 North Street Andrews Drive, Ormond Beach, FL 32174, and when acting for or on his behalf, his successors, assigns, employees, agents or representatives (‘‘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 engaging 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 from any other activity subject to the Regulations. Second, no person may, directly or indirectly, do any of the following: A. Export, reexport, or transfer (incountry) 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 3 The Director, Office of Export Enforcement, is the authorizing official for issuance of denial orders pursuant to amendments to the Regulations (85 FR 73411, November 18, 2020). E:\FR\FM\17JAN1.SGM 17JAN1

Agencies

[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2604-2605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00710]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Ge Song Tao (Ge), Block 3, Zijinyuan, No. 5 
Muxuyuan Street, Nanjing, 210007 China; Order Denying Export Privileges

Washington, DC 20230

    On July 14, 2021, in the U.S. District Court for the Middle 
District of Florida, Ge Song Tao (``Ge'') was convicted of violating 18 
U.S.C. 371 and 18 U.S.C. 554(a). Specifically, Ge was convicted of 
conspiring to submit false export information through the federal 
government's Automated Export System and to export maritime raiding 
craft and engines to China fraudulently, and attempting to export that 
equipment fraudulently. As a result of his conviction, the Court 
sentenced Ge to 42 months of confinement, three years of supervised 
release, $50,000 criminal fine and $200 assessment.
    Pursuant to Section 1760(e) of the Export Control Reform Act 
(``ECRA''),\1\ the export privileges of any person who has been 
convicted of certain offenses, including, but not limited to, 18 U.S.C. 
371 and 18 U.S.C. 554, may be denied for a period of up to ten (10) 
years from the date of his/her conviction. 50 U.S.C. 4819(e). In 
addition, any Bureau of Industry and Security (``BIS'') licenses or 
other authorizations issued under ECRA, in which the person had an 
interest at the time of the conviction, may be revoked. Id.
---------------------------------------------------------------------------

    \1\ ECRA was enacted on August 13, 2018, as part of the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019, and 
as amended is codified at 50 U.S.C. 4801-4852.
---------------------------------------------------------------------------

    BIS received notice of Ge's conviction for violating 18 U.S.C. 371 
and 18 U.S.C. 554. As provided in Section 766.25 of the Export 
Administration Regulations (``EAR'' or the ``Regulations''), BIS 
provided notice and opportunity for Ge to make a written submission to 
BIS. 15 CFR 766.25.\2\ BIS has not received a written submission from 
Ge.
---------------------------------------------------------------------------

    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2022).
---------------------------------------------------------------------------

    Based upon my review of the record and consultations with BIS's 
Office of Exporter Services, including its Director, and the facts 
available to BIS, I have decided to deny Ge's export privileges under 
the Regulations for a period of 10 years from the date of Ge's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Ge had an interest at the time of his 
conviction.\3\
---------------------------------------------------------------------------

    \3\ The Director, Office of Export Enforcement, is the 
authorizing official for issuance of denial orders pursuant to 
amendments to the Regulations (85 FR 73411, November 18, 2020).
---------------------------------------------------------------------------

    Accordingly, it is hereby ordered:
    First, from the date of this Order until July 14, 2031, Ge Song 
Tao, with a last known address of Block 3, Zijinyuan, No. 5 Muxuyuan 
Street, Nanjing, 210007 China, and when acting for or on his behalf, 
his successors, assigns, employees, agents or representatives (``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 engaging 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 from any other activity subject to the Regulations.
    Second, no person may, directly or indirectly, do any of the 
following:
    A. Export, reexport, or transfer (in-country) 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

[[Page 2605]]

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.
    Third, pursuant to Section 1760(e) of ECRA and Sections 766.23 and 
766.25 of the Regulations, any other person, firm, corporation, or 
business organization related to Ge by ownership, control, position of 
responsibility, affiliation, or other connection in the conduct of 
trade or business may also be made subject to the provisions of this 
Order in order to prevent evasion of this Order.
    Fourth, in accordance with Part 756 of the Regulations, Ge 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.
    Fifth, a copy of this Order shall be delivered to Ge and shall be 
published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until July 14, 2031.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-00710 Filed 1-13-23; 8:45 am]
BILLING CODE 3510-DT-P

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