[Federal Register Volume 63, Number 77 (Wednesday, April 22, 1998)]
[Notices]
[Pages 19895-19896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10695]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; James Lee, Also Known as Li 
Jin; Order Denying Permission To Apply for or Use Export Licenses

    In the Matter of: James Lee, also known as Li Jin, 410 Auburn 
Way, No. 34, San Jose, California 95129.

    On January 14, 1998, James Lee, also known as Li Jin (Lee), was 
convicted in the United States District Court for the Northern District 
of California of violating Section 38 of the Arms Export Control Act 
(currently codified at 22 U.S.C.A. 2778 (1990 & Supp. 1998)) (the 
AECA). Specifically, Lee was convicted of knowingly and willfully 
exporting and attempting to export defense articles to the People's 
Republic of China without obtaining the required export license from 
the Department of State.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(currently codified at 50 U.S.C.A. app. sections 2401-2420 (1991 & 
Supp. 1997)) (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 license, including any License 
Exception, issued pursuant to, or provided by, the Act or the Export 
Administration Regulations (currently codified at 15 CFR Parts 730-774 
(1997)) (the Regulations) for a period of up to 10 years from the date 
of the conviction. In addition, any 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 (3 
C.F.R., 1994 Comp. 917 (1995)), extended by Presidential Notices of 
August 15, 1995 (3 C.F.R., 1995 Comp. 501 (1996)), August 14, 1996 
(3 C.F.R., 1996 Comp. 298 (1997)), and August 13, 1997 (62 F.R. 
43629, August 15, 1997), continued the Export Administration 
Regulations in effect under the International Emergency Economic 
Powers Act (50 U.S.C.A. Sections 1701-1706 (1991 & Supp. 1998)).
    \2\ Pursuant to appropriate delegations of authority, the 
Director, Office of Exporter Services, in consultation 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 Sections 766.25 and 750.8(a) of the Regulations, upon 
notification that a person has been convicted of violating the AECA, 
the Director, Office of Exporter Services, in consultation with the 
Director, Office of Export Enforcement, shall determine whether to deny 
that person permission to apply for or use any license, including any 
License Exception, issued pursuant to, or provided by, the Act or the 
Regulations, and shall also determine whether to revoke any license 
previously issued to such a person.
    Having received notice of Lee's conviction for violating the AECA, 
and following consultations with the Acting Director, Office of Export 
Enforcement, I have decided to deny Lee permission to apply for or use 
any license, including any License Exception, 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 January 14, 
2008. I have also decided to revoke all licenses issued pursuant to the 
Act in which Lee had an interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    I. Until January 14, 2008, James Lee, also known as Li Jin, 410 
Auburn Way, No. 34, San Jose, California 95129, 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, or in any other activity 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. Benefiting 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 do, directly or indirectly, 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 a 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 a 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.

[[Page 19896]]

    III. After notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any person, firm, corporation, or 
business organization related to Lee 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. 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 January 14, 2008.
    VI. A copy of this Order shall be delivered to Lee. This Order 
shall be published in the Federal Register.

    Dated: April 6, 1998.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 98-10695 Filed 4-21-98; 8:45 am]
BILLING CODE 3510-DT-M