[Federal Register Volume 71, Number 23 (Friday, February 3, 2006)]
[Notices]
[Pages 5809-5810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1003]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Wen Enterprises, Ning Wen, 
Hailin Lin; Order Renewing Temporary Denial Order Against Wen 
Enterprises (``WE''), Ning Wen (``Wen''), and Hailin Lin (``Lin'')

    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, Respondents.
    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, WI 
54220; and Hailin Lin (``Lin''), 402 Wild Oak Drive, Manitowoc, WI 
54220 (hereinafter collectively referred to as the ``Respondents''). 
BIS has not sought a renewal of the Order against Beijing Rich 
Linscience Electronics Company or Ruo Ling Wang.
    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. Effective July 31, 2005, I found 
that, 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 the 
Order for a period of 180 days was necessary and in the public 
interest, to prevent an imminent violation of the EAR.
    OEE has presented additional evidence that, on September 20, 2005, 
a jury convicted Wen of nine counts related to his participation in a 
conspiracy to violate U.S. export control laws. On January 18, 2006, 
Wen was sentenced to 60 months in prison and a $50,000 fine. OEE also 
presented evidence that on December 21, 2005,

[[Page 5810]]

Lin was sentenced to 42 months in prison and a $50,000 fine for her 
involvement in the conspiracy to violate U.S. export laws. OEE has 
informed me that Wen and Lin remain out of custody, on bond, and reside 
at a location that is both their home and also the operating address of 
WE. I now find, based on the continued circumstances that led to the 
initial issuance of the Order Denying Export Privileges on January 31, 
2005, on the evidence that was presented by OEE prior to the Order's 
renewal on July 31, 2005, and on the additional evidence supplied by 
OEE, that the renewal of this Order for a period of 180 days is 
necessary and in the public interest, to prevent an imminent violation 
of the EAR. All parties to this Order have been given notice of the 
request for renewal in accordance with section 766.24 of the EAR.
    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; 
and Hailin Lin, 402 Wild Oak Drive, Manitowoc, WI 54220 (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. 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 EAR, or in any other activity 
subject to the EAR; 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 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 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 EAR that has been or will be exported from the United States. For 
puposes of this paragraph, servicing means installation, maintenance, 
repair, modification or testing.
    Third, 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 of responsibility in the conduct of 
trade or related services may also be made subject to the provisions of 
this Order.
    Fourth, 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 766.24(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 shall 
be published in the Federal Register.
    This Order is effective on January 27, 2006 and shall remain in 
effect for 180 days.

    Entered this 27th day of January, 2006.
Wendy Wysong,
Deputy Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 06-1003 Filed 2-2-06; 8:45 am]
BILLING CODE 3510-DT-M