[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22773]


[[Page Unknown]]

[Federal Register: September 15, 1994]


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DEPARTMENT OF COMMERCE
 

Action Affecting Export Privileges; Pinzhe Zhang, Also Known as 
Peter Zhang; Order Denying Permission To Apply for or Use Export 
Licenses

    On September 17, 1993, Pinzhe Zhang, also known as Peter Zhang 
(Zhang), was convicted in the U.S. District Court for the Eastern 
District of Viginia of violating Section 38 of the Arms Export Control 
Act (22 U.S.C.A. 2778 (1990)) (the AECA), among other crimes. 
Specifically, Zhang was convicted on three counts of knowingly and 
willfully exporting and causing to be exported second generation 
military specification image intensifying tubes, from the United States 
to Hong Kong, New Territories, without obtaining the required licenses 
or written approval from the U.S. Department of State.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(50 U.S.C.A. app. 2401-2420 (1991, Supp. 1993, and Pub. L. 103-277, 
July 5, 1994)) (the Act),\1\ provides that, at the discretion of the 
Secretary of Commerce,\2\ no person convicted of violating the AECA, or 
certain other provisions of the United States Code, shall be eligible 
to apply for or use any export license issued pursuant to, or provided 
by, the Act or the Export Administration Regulations (currently 
codified at 15 C.F.R. parts 768-799 (1994)) (the Regulations) for a 
period of up to 10 years from the date of the conviction. In addition, 
any export license issued pursuant to the Act in which such a person 
had any interest at the time of conviction may be revoked.
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    \1\The act expired on August 20, 1994. Executive Order 12924 (59 
FR 43437, August 23, 1994) continued the Regulations in effect under 
the International Emergency Economic Powers Act (50 U.S.C.A. 1701-
1706 (1991)).
    \2\Pursuant to appropriate delegations of authority that are 
reflected in the Regulations, the Director, Office of Export 
Licensing, in consulation with the Director, Office of Export 
Enforcement, exercises the authority granted to the Secretary by 
Section 11(h) of the Act.
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    Pursuant to Secs. 770.15 and 772.1(g) of the Regulations, upon 
notification that a person has been convicted of violating the AECA, 
the Director, Office of Export Licensing, in consultation with the 
Director, Office of Export Enforcement, shall determine whether to deny 
that person permission to apply for or use any export license issued 
pursuant to, or provided by, the Act and the Regulations, and shall 
also determine whether to revoke any export license previously issued 
to such a person.
    Having received notice of Zhang's conviction for violating the 
AECA, and following consultations with the Director, Office of Export 
Enforcement, I have decided to deny Zhang permission to apply for or 
use any export license, including any general license, issued pursuant 
to, or provided by, the Act and the Regulations, for a period of 10 
years from the date of his conviction. The 10-year period ends on 
September 17, 2003. I have also decided to revoke all export licenses 
issued pursuant to the Act in which Zhang had an interest at the time 
of his conviction.
    Accordingly, it is hereby ordered:
    I. All outstanding individual validated licenses in which Zhang 
appears or participates, in any manner or capacity, are hereby revoked 
and shall be returned forthwith to the Office of Export Licensing for 
cancellation. Further, all of Zhang's privileges of participating, in 
any manner or capacity, in any special licensing procedure, including, 
but not limited to, distribution licenses, are hereby revoked.
    II. Until September 17, 2003, Pinzhe Zhang, also known as Peter 
Zhang, 82 W. 49th Street, Apartment A, Norfolk, Virginia 23518, and 
currently incarcerated at Federal Correctional Institution, Registry 
No. 25241-083, P.O. Box 1000, Petersburg, Virginia 23804-1000, hereby 
is denied all privileges of participating, directly or indirectly, in 
any manner or capacity, in any transaction in the United States or 
abroad involving any commodity or technical data exported or to be 
exported from the United States, in whole or in part, and subject to 
the Regulations. Without limiting the generality of the foregoing, 
participation, either in the United States or abroad, shall include 
participation, directly or indirectly, in any manner or capacity: (i) 
As a party or as a representative of a party to any export license 
application submitted to the Department; (ii) in preparing or filing 
with the Department any export license application or request for 
reexport authorization, or any document to be submitted therewith; 
(iii) in obtaining from the Department or using any validated or 
general export license, reexport authorization or other export control 
document; (iv) in carrying on negotiations with respect to, or in 
receiving, ordering, buying, selling, delivering, storing, using, or 
disposing of, in whole or in part, any commodities or technical data 
exported or to be exported from the United States, and subject to the 
Regulations; and (v) in financing, forwarding, transporting, or other 
servicing of such commodities or technical data.
    III. After notice and opportunity for comment as provided in 
Section 770.15(h) of the Regulations, any person, firm, corporation, or 
business organization related to Zhang 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.
    IV. As provided in Sec. 787.12(a) of the Regulations, without prior 
disclosure of the facts to and specific authorization of the Office of 
Export Licensing, in consultation with the Office of Export 
Enforcement, no person may directly or indirectly, in any manner or 
capacity: (i) Apply for, obtain, or use any license, Shipper's Export 
Declaration, bill of lading, or other export control document relating 
to an export or reexport of commodities or technical data by, to, or 
for another person then subject to an order revoking or denying his 
export privileges or then excluded from practice before the Bureau of 
Export Administration; or (ii) order, buy, receive, use, sell, deliver, 
store, dispose of, forward, transport, finance, or otherwise service or 
participate: (a) In any transaction which may involve any commodity or 
technical data exported or to be exported from the United States; (b) 
in any reexport thereof; or (c) in any other transaction which is 
subject to the Export Administration Regulations, if the person denied 
export privileges may obtain any benefit or have any interest in, 
directly or indirectly, any of these transactions.
    V. This Order is effective immediately and shall remain in effect 
until September 17, 2003.
    VI. A copy of this Order shall be delivered to Zhang. This Order 
shall be published in the Federal Register.

    Dated: September 7, 1994.
Charles M. Guernieri,
Acting Director, Office of Export Licsensing.
[FR Doc. 94-22773 Filed 9-14-94; 8:45 am]
BILLING CODE 3510-DT-M