[Federal Register Volume 70, Number 146 (Monday, August 1, 2005)]
[Notices]
[Pages 44084-44085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15140]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Wen Enterprises; Ning Wen; 
Hailan Lin; Beijing Rich Linscience Electronics Company; Ruo Ling Wang

    In the matters of Wen Enterprises, 402 Wild Oak Drive, Manitowoc, 
WI 54220; and, Ning Wen, 402 Wild Oak Drive, Manitowoc, WI 54220; and, 
Hailin Lin, 402 Wild Oak Drive, Manitowoc, WI 54220; and, Beijing Rich 
Linscience Electronics Company, No. 2 Zhong Guan Cun South Avenue, 
Cyber Mode Room 1001, Haidian District, Beijing, China 100086, 
Respondents, and, Ruo Ling Wang, No. 2 Zhong Guan Cun South Avenue, 
Cyber Mode Room 1001, Haidian District, Beijing, China 100086, Related 
Party.
    Wen Enterprises (``WE''), Ning Wen (``Wen''), Hailin Lin (``Lin''), 
Beijing Rich Linscience Electronics Company (``BRLE''), and Ruo Ling 
Wang (``Wang'').

Order Renewing Temporary Denial Order and Adding a Related Party

    Pursuant to Section 766.24 of the Export Administration Regulations 
(``EAR''), the Bureau of Industry and Security (``BIS''), U.S. 
Department of Commerce, through its Office of Export Enforcement 
(``OEE''), has requested that I renew for 180 days an Order temporarily 
denying export privileges of Wen Enterprises (``WE''), 402 Wild Oak 
Drive, Manitowoc, WI 54220; Ning Wen (``Wen''), 402 Wild Oak Drive, 
Manitowoc, WI 54220; Hailin Lin (``Lin''), 402 Wild Oak Drive, 
Manitowoc, WI 54220; and Beijing Rich Linscience Electronics Company 
(``BRLE''), No. 2 Zhong Guan Cun South Avenue, Cyber Mode Room 1001, 
Haidian District, Beijing, China 100086 (hereinafter collectively 
referred to as the ``Respondents''). Additionally, OEE has requested 
that I add Ruo Ling Wang, No. 2 Zhong Guan Cun South Avenue, Cyber Mode 
Room 1001, Haidian District, Beijing, China 100086, to the Order as a 
related party.
    On January 31, 2005, I found that evidence presented by BIS 
demonstrated that the Respondents conspired to do acts that violated 
the EAR and did in fact commit numerous violations of the EAR by 
participating in the unlicensed export of national security controlled 
items to the People's Republic of China (``PRC''). I further found that 
such violations had been significant, deliberate and covert, and were 
likely to occur again, especially given the nature of the structure and 
relationships of the Respondents.
    OEE has presented additional evidence that Lin, Wang, and a co-
owner of BRLE have pled guilty to criminal violations of the EAA, 
IEEPA, and EAR for some of the transactions at issue herein. OEE has 
further presented evidence that Wang, as co-owner of BRLE, has returned 
to the PRC. I now find, based on the continued circumstances that led 
to the initial issuance of the order Denying Export Privileges on 
January 31, 2005, and on the additional evidence supplied by OEE, that 
the renewal of this TDO for a period of 180 days is necessary and in 
the public interest, to prevent an imminent violation of the EAR. 
Furthermore, I find that the addition of Wang as a related party to 
this Order is necessary to prevent the evasion of the Order. All 
parties to this TDO have been given notice of the request for renewal 
and, in the case of Wang, of the request for the addition of a related 
party.
    It is therefore ordered:
    First, that the Respondents, Wen Enterprises, 402 Wild Oak Drive, 
Manitowoc, WI 54220; Ning Wen, 402 Wild Oak Drive, Manitowoc, WI 54220; 
Hailin Lin, 402 Wild Oak Drive, Manitowoc, WI 54220; and Beijing Rich 
Linscience Electronics Company, No. 2 Zhong Guan Cun South Avenue, 
Cyber Mode Room 1001, Haidian District, Beijing, China 100086 
(hereinafter collectively referred to as ``Respondents''), and their 
successors and assigns and when acting on behalf of any of the 
Respondents, their officers, employees, agents or representatives, 
(``Denied Persons'') 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 Export 
Administration Regulations (``EAR''), or in any other activity subject 
to the EAR 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 EAR, or in any other activity 
subject to the EAR; or
    C. Benefitting in any way from any transaction involving any item 
exported or to be exported from the United States that is subject to 
the EAR, or in any other activity subject to the EAR.
    Second, that 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 EAR;
    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 EAR 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 EAR that has been exported from the United States.
    D. Obtain from the Denied Person in the United States any item 
subject to the EAR 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 EAR 
that has

[[Page 44085]]

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 is such service involved the use of any item subject to the EAR 
that has been or will be exported from the United States. For purposes 
of this paragraph, servicing means installation, maintenance, repair, 
modification or testing.
    Third, that, having been provided notice and opportunity for 
comment as provided in section 766.23 of the EAR, Ruo Ling Wang, No. 2 
Zhong Guan Cun South Avenue, Cyber Mode Room 1001, Haidian District, 
Beijing, China 100086 (hereinafter, ``Related Party'') shall be made 
subject to the provisions of this Order based on her relationship to 
BRLE by affiliation, ownership, control, or position of responsibility 
in the conduct of trade or related services.
    Fourth, that after notice and opportunity for comment as provided 
in section 766.23 of the EAR, any other person, firm, corporation, or 
business organization related to any of the Respondents by affiliation, 
ownership, control, or position or responsibility in that conduct of 
trade or related services may also be made subject to the provisions of 
this Order.
    Fifth, that this Order does not prohibit any export, reexport, or 
other transaction subject to the EAR where the only items involved that 
are subject to the EAR are the foreign-produced direct product of U.S.-
origin technology.
    In accordance with the provisions of section 766.24(e) of the EAR, 
the Respondents may, at any time, appeal this Order by filing a full 
written statement in support of the appeal with the Office of the 
Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 
South Gay Street, Baltimore, Maryland 21202-4022.
    In accordance with the provisions of section 766.23(c) of the EAR, 
the Related Party may, at any time, make an appeal related to this 
Order by filing a full written statement in support of the appeal with 
the Office of the Administrative Law Judge, U.S. Coast Guard ALJ 
Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202-4022.
    In accordance with the provisions of section 766.24(d) of the EAR, 
BIS may seek renewal of this Order by filing a written request not 
later than 20 days before the expiration date. The Respondents may 
oppose a request to renew this Order by filing a written submission 
with the Assistant Secretary for Export Enforcement, which must be 
received not later than seven days before the expiration date of the 
Order.
    A copy of this Order shall be served on the Respondents and the 
Related Party, and shall be published in the Federal Register.
    This Order is effective on July 31, 2005 and shall remain in effect 
for 180 days.

    Entered this 26th day of July, 2005.
Wendy Wysong,
Acting Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 05-15140 Filed 7-29-05; 8:45 am]
BILLING CODE 3510-DT-M