[Federal Register Volume 65, Number 133 (Tuesday, July 11, 2000)]
[Notices]
[Pages 42664-42665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17476]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Robert Chaegon Kim; Order 
Denying Export Privileges

    In the Matter of: Robert Chaegon Kim currently incarcerated at: 
Allenwood Federal Correctional Institution, Inmate Number: 49756-
083, Low Security, P.O. Box 1500, White Deer, Pennsylvania 17887 and 
with an address at: 20765 Bank Way, Sterling, Virginia 20165.

    On July 11, 1997, following a plea of guilty to one count of an 
Indictment, Robert Chaegon Kim (Kim) was convicted in the United States 
District Court for the Eastern District of Virginia of violating 
Section 793(b) and (g) of the Espionage Act (currently codified at 18 
U.S.C.A. Secs. 792-799 (1976 & Supp. 2000)). Kim was convicted of 
conspiring to gather national defense information with the intent that 
the information be used to the advantage of a foreign nation, South 
Korea.
    Section 11(h) of the Export Administration Act of 1979, as amended 
(currently codified at 50 U.S.C.A. app. Secs. 2401-2420 (1991 & Supp. 
2000)) (the Act),\1\ provides that, at the discretion of the Secretary 
of Commerce,\2\ no person convicted of violating Section 793 of the 
Espionage Act, 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 CFR Parts 730-774 (1999), as 
amended (65 FR 14862, March 20, 2000)) (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 
CFR, 1994 Comp. 917 (1995)), extended by Presidential Notices of 
August 15, 1995 (3 CFR, 1995 Comp. 501 (1996)), August 14, 1996 (3 
CFR, 1996 Comp. 298 (1997)), August 13, 1997 (3 CFR, 1997 Comp. 306 
(1998)), August 13, 1998 (3 CFR, 1998 Comp. 294 (1999)) and August 
10, 1999 (3 CFR, 1999 Comp. 302 (2000)), continued the Export 
Administration Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C.A. Secs. 1701-1706 (1991 & 
Supp. 2000)).
    \2\ Pursuant to appropriate delegations of authority that are 
reflected in the Regulations, 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 Section 793 
of the Espionage Act, the Director, Office of Exporter Services, in 
consultation with the Director, Office of Export Enforcement, shall 
determine whether to deny that person's export privileges for a period 
of up to 10 years from the date of conviction and shall also determine 
whether to revoke any license previously issued to such a person.
    Having received notice of Kim's conviction for violating Section 
793(b) and (g) of the Espionage Act, and after providing notice and an 
opportunity for Kim to make a written submission to the Bureau of 
Export Administration before issuing an Order denying his export 
privileges, as provided in Section 766.25 of the Regulations, I, 
following consultations with the Director, Office of Export 
Enforcement, have decided to deny Kim's export privileges for a period 
of 10 years from the date of his conviction. The 10-year period ends on 
July 11, 2007. I have also decided to revoke all license issued 
pursuant to the Act in which Kim had an interest at the time of his 
conviction.
    Accordingly, it is hereby Ordered.
    I. Until July 11, 2007, Robert Chaegon Kim, currently incarcerated 
at: Allenwood Federal Correctional Institution, Inmate Number: 49756-
083, Low Security, P.O. Box 1500, White Deer, Pennsylvania 17887, and 
with an address at: 20765 Bank Way, Sterling, Virginia 20165, 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 Untied States that is subject to 
the Regulations, or in any other activity subject to the Regulations.
    II. No person may, directly or indirectly, do 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 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 form 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

[[Page 42665]]

    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.
    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 Kim 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 July 11, 2007.
    VI. In accordance with Part 756 of the Regulations, Kim may file an 
appeal from this Order with the Under Secretary for Export 
Administration. 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.
    VII. A copy of this Order shall be delivered to Kim. This Order 
shall be published in the Federal Register.

    Dated: June 27, 2000.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 00-17476 Filed 7-10-00; 8:45 am]
BILLING CODE 3510-DT-M