[Federal Register Volume 65, Number 171 (Friday, September 1, 2000)]
[Notices]
[Pages 53268-53269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22441]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Dien Duc Huynh

    In the Matter of: Dien Duc Huynh currently incarcerated at: 
Federal Correctional Institute, Inmate Number: 10068-035, P.O. Box 
5050, East Whatley Road, Oakdale, Louisiana 71463, and with an 
address at: 113 Buffalo Run, Maurice, Louisiana 70555.

Order Denying Export Privileges

    On January 26, 2000, Dien Duc Huynh (Huynh) was convicted in the 
United States District Court for the Western District of Louisiana at 
Lafayette on multiple counts of violating the Export Administration Act 
of 1979, as amended (currently codified at 50 U.S.C.A. app. 
Sec. Sec. 2401-2420 (1991 & Supp. 2000)) (the Act),\1\ among other 
crimes. Specifically, Huynh was convinced of knowingly and 
intentionally exporting United States military vehicles and military 
vehicle parts to Vietnam without obtaining the required export license 
from the Department of Commerce.
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    \1\ The Act expired on August 20, 1994. Executive Order 12924 (3 
CFR, 1994 Comp. 917 (1995)), which has been extended by successive 
Presidential Notices, the most recent being that of August 3, 2000 
(65 FR 48347, August 8, 2000), continued the Regulations in effect 
under the International Emergency Economic Powers Act (50 U.S.C.A. 
Secs. 1701-1706 (1991 & Supp. 2000)).
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    Section 11(h) of the Act provides that, at the discretion of the 
Secretary of Commerce,\2\ no person convicted of violating the 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 (2000), 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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    \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 the 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 Huynh's conviction for violating the Act, 
and after providing notice and an opportunity for Huynh 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 Huynh's 
export privileges for a period of 10 years from the date of his 
conviction. The 10-year period ends on January 26, 2010. I have also 
decided to revoke all licenses issued pursuant to the Act in which 
Huynh had an interest at the time of his conviction.
    Accordingly, It Is Hereby Ordered
    I. Until January 26, 2010, Dien Duc Huynh, currently incarcerated 
at: Federal Correctional Institute, Inmate Number; 10068-035, P.O. Box 
5050, East Whatley Road, Oakdale, Louisiana 71463, and with an address 
at: 113 Buffalo Run, Maurice, Louisiana 70555, 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.

[[Page 53269]]

    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 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 user 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 Huynh 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 26, 2010.
    VI. In accordance with Part 756 of the Regulations, Huynh 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 Huynh. This Order 
shall be published in the Federal Register.

    Dated: August 22, 2000.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 00-22441 Filed 8-31-00; 8:45 am]
BILLING CODE 3510-DT-M