[Federal Register Volume 65, Number 175 (Friday, September 8, 2000)]
[Notices]
[Pages 54480-54481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23079]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration


Action Affecting Export Privileges; Son Kim Nguyen; Order Denying 
Export Privileges

    On October 20, 1999, Son Kim (Nguyen) was convicted in the United 
States District Court for the Western District of Louisiana at 
Lafayette of violating the Export Administration Act of 1979, as 
amended (currently codified at 50 U.S.C.A. app. sections 2401-2420 
(1991 & Supp. 2000)) (the Act).\1\ Specifically, Nguyen was convicted 
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. 
1701-1706 (1991 & Supp. 2000)).
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    Section 11(h) of the Act provides that, at the discretion of the 
Secretary of

[[Page 54481]]

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 Secs. 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 Nguyen's conviction for violating the 
Act, and after providing notice and an opportunity for Nguyen to make a 
written submission to the Bureau of Export Administration before 
issuing an Order denying his export privileges, as provided in 
Sec. 766.25 of the regulations, I, following consultations with the 
Director, Office of Export Enforcement, have decided to deny Nguyen's 
export privileges for a period of five years from the date of his 
conviction. The five-year period ends on October 20, 2004. I have also 
decided to revoke all licenses issued pursuant to the Act in which 
Nguyen had an interest at the time of his conviction.
    According, it is hereby Ordered
    I. Until October 20, 2004, Son Kim Nguyen, 8662 Amy Avenue, Garden 
Grove, California 92841, 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. Apply 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, directly or indirectly, do any of the following:
    A. Export or reexport to or on behalf of the denied person any time 
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 time 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 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 766.23 
of the regulations, any person, firm, corporation, or business 
organization related to Nguyen 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 October 20, 2004.
    VI. In accordance with part 756 of the regulations, Nguyen 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 Nguyen. This Order 
shall be published in the Federal Register.

    Dated: August 29, 2000.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 00-23079 Filed 9-7-00; 8:45 am]
BILLING CODE 3510-DT-M