[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