[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Notices]
[Pages 63075-63076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25742]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Bing Sun

    In the Matter of: Bing Sun, currently incarcerated at Seymour 
Johnson Federal prison Camp, 51583-083, Goldsboro, North 
Carolina 27533, and with an address at 14026 Ticonderoga Court, 
Fontana, California 92336.

Order denying Export Privileges

    On December 18, 2000, a U.S. District Count in the Eastern District 
of Virginia convicted Bing Sun of violating section 38 of the Arms 
Export Control Act (22 U.S.C. 2778 (1994 & Supp. V 1999)) (``AECA''). 
Specifically, the Court found that Bing Sun knowingly and willfully 
attempted to export defense articles on the United States Munitions 
List, from the United States to the People's Republic of China, without 
having first obtained from the Department of State a

[[Page 63076]]

license or written authorization for such export.
    Section 11(h) of the Export Administration act of 1979, as amended 
(currently codified at 5 U.S.C. app. 2401-2420 (1994 & Supp. V 1999)) 
(``Act'') \1\ provides that, at the discretion of the Secretary of 
Commerce,\2\ no person convicted of violating any of a number of 
federal criminal statutes including the AECA shall be eligible to apply 
for or use any export license issued pursuant to, or provided by, the 
Act of the Export Administration Regulations (currently codified at 15 
CFR parts 730-774 (2002)) (``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\ From August 21, 1994 through November 12, 2000, the Act was 
in lapse. During that period, the president, through Executive Order 
12924, which had been extended by successive Presidential Notices, 
the last of which was issued on August 3, 2000 (3 CFR, 2000 Comp. 
397 (2001)), continued the Regulations in effect under the 
International Emergency Economic Powers Act (50 U.S.C. 1701-1706 
(1994 & Supp. V 1999)) (``IEEPA''). Since August 21, 2001, the Act 
has been in lapse and the President, through Executive Order 13222 
of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), as extended by 
the Notice of August 14, 2002 (67 FR 53721 (August 16, 2002)), has 
continued the Regulations in effect under IEEPA.
    \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 AECA, 
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 
dare of conviction and shall also determine whether to revoke any 
license previously issued to such a person.
    Having received notice of Bing Sun's conviction for violating the 
AECA, and after providing notice and an opportunity for Bing Sun to 
make a written submission to the Bureau of Industry and Security 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 Bing Sun's 
export privileges for a period of 10 years from the date of his 
conviction. The 10-year period ends on December 18, 2010. I have also 
decided to revoke all licenses issued pursuant to the Act in which Bing 
Sun had an interest at the time of his conviction.
    Accordingly, it is hereby--

Ordered

    I. Until December 18, 2010, Bing Sun, currently incarcerated at 
Seymour Johnson Federal Prison Camp, 51583-083, Goldsboro, 
North Carolina 27533, and with an address at 14026 Ticonderoga Court, 
Fontana, California 92336, (``the denied person'') and, when acting in 
behalf of it, all of its successors or assigns, officers, 
representatives, agent and employees, 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, 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 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 Bing Sun 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 December 18, 2010.
    VI. In accordance with Part 756 of the Regulations, Bing Sun may 
file an appeal from this Order with the Under Secretary for Industry 
and Security. 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 Bing Sun. This 
Order shall be published in the Federal Register.

    Dated: October 4, 2002.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 02-25742 Filed 10-9-02; 8:45 am]
BILLING CODE 3510-DT-M