In the Matter of: Qingshan Li, Room 201 NO106 Lane 24, Chengshan Rd., Pudong District, Shanghai, China 200126; Order Denying Export Privileges, 12654-12655 [2023-03985]
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ACTION:
Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices
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ddrumheller on DSK120RN23PROD with NOTICES
SUMMARY:
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18:37 Feb 27, 2023
Jkt 259001
Agenda: Thursday, March 16, 2023, at
12:00 p.m. (CT)
1. Welcome & Roll Call
2. Chair’s Comments
3. Panelist Testimony
4. Committee Business
5. Next Steps
6. Public Comment
7. Adjourn
Dated: February 22, 2023.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2023–04004 Filed 2–27–23; 8:45 am]
BILLING CODE P
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the Utah
Advisory Committee to the U.S.
Commission on Civil Rights
U.S. Commission on Civil
Rights.
ACTION: Announcement of virtual
business meeting.
AGENCY:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act, that
the Utah Advisory Committee
(Committee) to the U.S. Commission on
Civil Rights will hold its inaugural
business meeting via Zoom at 11:00 a.m.
MT on Tuesday, March 7, 2023.
DATES: The meeting will take place on
Tuesday, March 7, 2023, from 11 a.m.–
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ADDRESSES:
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SUPPLEMENTARY INFORMATION:
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SUMMARY:
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deaf, deafblind, or hard of hearing. To
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Agenda
I. Welcome & Roll Call
II. Introductions
III. Designated Federal Officer—
Overview
IV. Public Comment
V. Next Steps
VI. Adjournment
Exceptional Circumstance: Pursuant
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meeting is given fewer than 15 calendar
days prior to the meeting because of the
exceptional circumstances of final
preparations for the upcoming
scheduled Committee meeting.
Dated: February 22, 2023.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2023–04019 Filed 2–27–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Qingshan Li, Room
201 NO106 Lane 24, Chengshan Rd.,
Pudong District, Shanghai, China
200126; Order Denying Export
Privileges
On June 12, 2020, in the U.S. District
Court for the Southern District of
California, Qingshan Li (‘‘Li’’) was
convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C.
E:\FR\FM\28FEN1.SGM
28FEN1
ddrumheller on DSK120RN23PROD with NOTICES
Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices
2778) (‘‘AECA’’). Specifically, Li was
convicted of knowingly and willfully
attempting to export from the United
States to China, a Harris Falcon III AN/
PRC 152A Radio, which is designated as
a defense article on the United States
Munitions List, without the required
licenses or written authorization from
the State Department. As a result of his
conviction, the Court sentenced Li to 36
months of confinement, three years of
supervised release and $100 assessment.
Li was also placed on U.S. Department
of State’s debarred list.
Pursuant to Section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, Section 38
of the AECA, may be denied for a period
of up to ten (10) years from the date of
his/her conviction. See 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 Li’s conviction
for violating Section 38 of the AECA.
BIS provided notice and opportunity for
Li to make a written submission to BIS,
as provided in Section 766.25 of the
Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’). 15 CFR
766.25.2 BIS has not received a written
submission from Li.
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 Li’s export
privileges under the Regulations for a
period of 10 years from the date of Li’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which Li had an
interest at the time of his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
June 12, 2030, Qingshan Li, with a last
known address of Room 201 NO106
Lane 24, Chengshan Rd., Pudong
District, Shanghai, China 200126, 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’’)
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).
VerDate Sep<11>2014
18:37 Feb 27, 2023
Jkt 259001
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
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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12655
Third, pursuant to Section 1760(e) of
ECRA (50 U.S.C. 4819(e)) and Sections
766.23 and 766.25 of the Regulations,
any other person, firm, corporation, or
business organization related to Li 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, Li 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 Li and shall be published
in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until June 12, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–03985 Filed 2–27–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Transportation and Related Equipment
Technical Advisory Committee; Notice
of Open Meeting
The Transportation and Related
Equipment Technical Advisory
Committee will meet on March 15,
2023, 11:30 a.m., Eastern Standard
Time, via teleconference. The
Committee advises the Office of the
Assistant Secretary for Export
Administration with respect to technical
questions that affect the level of export
controls applicable to transportation
and related equipment or technology.
Agenda
Public Session
1. Welcome and Introductions.
2. Status reports by working group
chairs.
3. Public comments and Proposals.
To join the conference, submit
inquiries to Ms. Yvette Springer at
Yvette.Springer@bis.doc.gov no later
than March 8, 2023.
To the extent 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 distribution of
public presentation materials to
E:\FR\FM\28FEN1.SGM
28FEN1
Agencies
[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12654-12655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03985]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Qingshan Li, Room 201 NO106 Lane 24, Chengshan
Rd., Pudong District, Shanghai, China 200126; Order Denying Export
Privileges
On June 12, 2020, in the U.S. District Court for the Southern
District of California, Qingshan Li (``Li'') was convicted of violating
Section 38 of the Arms Export Control Act (22 U.S.C.
[[Page 12655]]
2778) (``AECA''). Specifically, Li was convicted of knowingly and
willfully attempting to export from the United States to China, a
Harris Falcon III AN/PRC 152A Radio, which is designated as a defense
article on the United States Munitions List, without the required
licenses or written authorization from the State Department. As a
result of his conviction, the Court sentenced Li to 36 months of
confinement, three years of supervised release and $100 assessment. Li
was also placed on U.S. Department of State's debarred list.
Pursuant to Section 1760(e) of the Export Control Reform Act
(``ECRA''), the export privileges of any person who has been convicted
of certain offenses, including, but not limited to, Section 38 of the
AECA, may be denied for a period of up to ten (10) years from the date
of his/her conviction. See 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 Li's conviction for violating Section 38 of
the AECA. BIS provided notice and opportunity for Li to make a written
submission to BIS, as provided in Section 766.25 of the Export
Administration Regulations (``EAR'' or the ``Regulations''). 15 CFR
766.25.\2\ BIS has not received a written submission from Li.
---------------------------------------------------------------------------
\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 Li's export privileges under
the Regulations for a period of 10 years from the date of Li's
conviction. The Office of Exporter Services has also decided to revoke
any BIS-issued licenses in which Li 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 June 12, 2030, Qingshan
Li, with a last known address of Room 201 NO106 Lane 24, Chengshan Rd.,
Pudong District, Shanghai, China 200126, 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 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 (50 U.S.C. 4819(e)) and
Sections 766.23 and 766.25 of the Regulations, any other person, firm,
corporation, or business organization related to Li 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, Li 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 Li and shall be
published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until June 12, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-03985 Filed 2-27-23; 8:45 am]
BILLING CODE 3510-DT-P