Order Denying Export Privileges, 58545-58546 [2023-18439]
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Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
the Court sentenced Alexander to 46
months of imprisonment, three years of
supervised release, $10,000 criminal
fine and a $100 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, 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 Alexander’s
conviction for violating 18 U.S.C. 371.
As provided in Section 766.25 of the
Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’), BIS
provided notice and opportunity for
Alexander to make a written submission
to BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Alexander.
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 Alexander’s
export privileges under the Regulations
for a period of 10 years from the date of
Alexander’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Alexander had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
March 8, 2032, Esteban Andres
Alexander, with a last known address of
Inmate Number: 25471–509, FCI El
Reno, Federal Correctional Institution,
P.O. Box 1500, El Reno, OK 73036, 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:
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).
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
15:55 Aug 25, 2023
Jkt 259001
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.
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 Alexander by ownership,
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Frm 00004
Fmt 4703
Sfmt 4703
58545
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, Alexander 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 Alexander and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until March 8, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–18442 Filed 8–25–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
On March 30, 2022, in the U.S.
District Court for the Northern District
of Illinois, Tuqiang Xie (‘‘Xie’’) was
convicted of violating section 38 of the
Arms Export Control Act (22 U.S.C.
2778) (‘‘AECA’’). Specifically, Xie was
convicted of knowingly and willfully
engaging in brokering activities
involving the People’s Republic of
China in negotiating and arranging
purchases, sales, transfers, export, and
import of a defense article, namely an
eyepiece assembly, National Stock
Number 1240–01–063–1352, without
first registering with, and obtaining a
license or written approval from the
U.S. Department of State. As a result of
his conviction, the Court sentenced Xie
to one year and one day in prison, one
year of supervised release, an
assessement of $200 and a preliminary
order of forfeiture in the amount of
$200,027.
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
E:\FR\FM\28AUN1.SGM
28AUN1
lotter on DSK11XQN23PROD with NOTICES1
58546
Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices
interest at the time of the conviction,
may be revoked. Id.
BIS received notice of Xie’s
conviction for violating section 38 of the
AECA. BIS provided notice and
opportunity for Xie 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 Xie.
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 Xie’s export
privileges under the Regulations for a
period of 10 years from the date of Xie’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which Xie had an
interest at the time of his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
March 30, 2032, Tuqiang Xie, with a last
known address of 110 Espina, Irvine,
CA 92620, 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:
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
15:55 Aug 25, 2023
Jkt 259001
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 (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 Xie 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, Xie 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 Xie and shall be published
in the Federal Register.
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Fmt 4703
Sfmt 4703
Sixth, this Order is effective
immediately and shall remain in effect
until March 30, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–18439 Filed 8–25–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Materials and Equipment Technical
Advisory Committee; Revised: Notice
of Partially Closed Meeting
The Materials and Equipment
Technical Advisory Committee will
meet on September 7 and 8, 2023, at
1:00 p.m., Eastern Daylight Time, at the
AC Hotel, 1333 Veterans Boulevard,
South San Francisco, CA 94080. 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.
The purpose of the meeting is to have
Committee members and U.S.
Government representatives mutually
review updated technical data and
policy-driving information that has been
gathered.
Agenda
September 7, 2023–1:00 p.m.–5:00 p.m.
EST
Open Session
1. Opening Remarks and Introduction
by BIS Senior Management.
2. Report from working groups.
3. Report by regime representatives.
September 8, 2023–1:00 p.m.–5:00 p.m.
EST
Closed Session
4. Discussion of matters determined to
be exempt from the open meeting and
public participation requirements found
in sections 1009(a)(1) and 1009(a)(3) of
the Federal Advisory Committee Act
(FACA) (5 U.S.C. 1001–1014). The
exemption is authorized by section
1009(d) of the FACA, which permits the
closure of advisory committee meetings,
or portions thereof, if the head of the
agency to which the advisory committee
reports determines such meetings may
be closed to the public in accordance
with subsection (c) of the Government
in the Sunshine Act (5 U.S.C. 552b(c)).
In this case, the applicable provisions of
5 U.S.C. 552b(c) are subsection
552b(c)(4), which permits closure to
protect trade secrets and commercial or
financial information that is privileged
E:\FR\FM\28AUN1.SGM
28AUN1
]]>Agencies
[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Notices]
[Pages 58545-58546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18439]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
On March 30, 2022, in the U.S. District Court for the Northern
District of Illinois, Tuqiang Xie (``Xie'') was convicted of violating
section 38 of the Arms Export Control Act (22 U.S.C. 2778) (``AECA'').
Specifically, Xie was convicted of knowingly and willfully engaging in
brokering activities involving the People's Republic of China in
negotiating and arranging purchases, sales, transfers, export, and
import of a defense article, namely an eyepiece assembly, National
Stock Number 1240-01-063-1352, without first registering with, and
obtaining a license or written approval from the U.S. Department of
State. As a result of his conviction, the Court sentenced Xie to one
year and one day in prison, one year of supervised release, an
assessement of $200 and a preliminary order of forfeiture in the amount
of $200,027.
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
[[Page 58546]]
interest at the time of the conviction, may be revoked. Id.
BIS received notice of Xie's conviction for violating section 38 of
the AECA. BIS provided notice and opportunity for Xie 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 Xie.
---------------------------------------------------------------------------
\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 Xie's export privileges under
the Regulations for a period of 10 years from the date of Xie's
conviction. The Office of Exporter Services has also decided to revoke
any BIS-issued licenses in which Xie 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 March 30, 2032, Tuqiang
Xie, with a last known address of 110 Espina, Irvine, CA 92620, 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 Xie 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, Xie 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 Xie and shall be
published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until March 30, 2032.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-18439 Filed 8-25-23; 8:45 am]
BILLING CODE 3510-DT-P
