[Federal Register Volume 71, Number 79 (Tuesday, April 25, 2006)]
[Notices]
[Pages 23896-23897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3895]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Ruo Ling Wang, Respondent and 
Beijing Rich Linscience Electronics Company; Related Person; Order 
Denying Export Privileges

A. Denial of Export Privileges of Ruo Ling Wang

    On May 2, 2005, in the U.S. District Court in the Eastern District 
of Wisconsin, Ruo Ling Wang (``Wang'') was convicted of violating the 
International Emergency Economic Powers Act (50 U.S.C. 1701-1706 
(2000)) (``IEEPA''). Wang was found guilty of knowingly and willfully 
making a false statement and concealing a material fact from the Bureau 
of Industry and Security and the former U.S. Customs Service. Wang was 
sentenced to a term of ``time served'' (of approximately 6\1/2\ months 
in prison).
    Section 11(h) of the Export Administration Act of 1979, as amended 
(currently codified at 50 U.S.C. app. Sec. Sec.  2401-2420 (2000)) 
(``Act'') \1\ and section 766.25 of the Export Administration 
Regulations (``Regulations'') \2\ provide, in pertinent part, that 
``[t]he Director of Exporter Services, in consultation with the 
Director of the Office of Export Enforcement, may deny export 
privileges of any person who has been convicted of a violation * * * 
IEEPA,'' for a period not to exceed 10 years from the date of 
conviction. 15 CFR 766.25(a) and (d). In addition, Section 750.8 of the 
Regulations states that BIS's Office of Exporter Services may revoke 
any BIS licenses previously issued in which the person had an interest 
in at the time of her conviction.
---------------------------------------------------------------------------

    \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 August 3, 2000 (3 CFR, 200 Comp. 397 (2001)), 
continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000)) 
(``IEEPA''). On November 13, 2000, the Act was reauthorized and it 
remained in effect through August 20, 2001. Since August 21, 2001, 
the Act has been in lapse and the President, through Executive Order 
13222 of August 21, 2001 (3 CFR, 2001 Comp. 783 (2002)), as extended 
by the Notice of August 2, 2005 (70 FR 45273, August 5, 2005), has 
continued the Regulations in effect under the IEEPA.
    \2\ The Regulations are currently codified at 15 CFR parts 730-
774 (2006).
---------------------------------------------------------------------------

    I have received notice of Wang's conviction for violating the 
IEEPA, and have provided notice and an opportunity for Wang to make a 
written submission to the Bureau of Industry and Security as provided 
in section 766.25 of the Regulations. On February 15, 2006, BIS mailed 
the notice letter to Wang by registered mail at her last known address 
in Beijing, China. To date, BIS has not received the registered mail 
receipt. However, pursuant to section 766.25(b) of the Regulations, BIS 
has met the legal requirements and this action constitutes providing 
notice under the Regulations.
    Having received no submission from Wang, I, following consultations 
with the Export Enforcement, including the Director, Office of Export 
Enforcement, have decided to deny Wang's export privileges under the 
Regulations for a period of 10 years from the date of Wang's 
conviction.

B. Denial of Export Privileges of Related Persons

    In addition, pursuant to sections 766.25(h) and 766.23 of the 
Regulations, the Director, Office of Exporter Services, in consultation 
with the Director, Office of Export Enforcement, may take action to 
name persons related to the Respondent by ownership, control, position 
of responsibility, affiliation, or other connection in the conduct of 
trade or business in order to prevent evasion of the Order. On February 
15, 2006, I gave notice to Beijing Rich Linscience Electronics Company 
(``BRLE''), by registered mail at its last known addresses in Beijing, 
China, notifying BRLE that its export privileges under the Regulations 
could be denied for up to 10 years as BIS believes that BRLE is related 
to Wang and including BRLE in the Wang Order is necessary to prevent 
evasion. The basis for naming BRLE to the Wang order include the facts 
that Wang is one of the owners of BRLE and BRLE has been receiving 
unlicensed exports from the United States of electronic components and 
semiconductor chips, items subject to the Regulations. To date, BIS has 
not

[[Page 23897]]

received the registered mail receipt. However, pursuant to section 
766.25(b) of the Regulations, BIS has met the legal requirements and 
these actions constitute providing notice under the Regulations.
    Having received no submission from BRLE, I, following consultations 
with the Export Enforcement, including the Director, Office of Export 
Enforcement, have decided to name BRLE as a related person to the Wang 
Denial Order, thereby denying BRLE's export privileges from 10 years 
from the date of Wang's conviction.
    I have also decided to revoke all licenses issued pursuant to the 
Act or Regulations in which Wang and BRLE had an interest at the time 
of Wang's conviction. The 10-year denial period ends on May 2, 2015.
    Accordingly, it is hereby ordered:
    I. Until May 2, 2015, Ruo Ling Wang, No. 2 Zhong Guan Cun South 
Avenue, Cyber Mode Room 1001, Haidian District, Beijing, China 100086, 
and when acting for or on her behalf, her employees, agents or 
representatives, (``the Denied Person'') and the following person 
related to the Denied Person as defined by section 766.23 of the 
Regulations, Beijing Rich Linscience Electronics Company, Services, No. 
2 Zhiong Guan Cun South Avenue, Cyber Mode Room 1001, Haidian District, 
Beijing, China 100086, and when acting for or on its behalf, its 
employees, agents or representatives, (``the Related Persons'') 
(together, the Denied Person and the Related Persons are ``Persons 
Subject To This Order'') 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 a 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. Benefitting in any way from any transaction involving any item 
exported or to be exported from the United States that is subject to 
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 Persons Subject To 
This Order any item subject to the Regulations;
     B. Take any action that facilitates the acquisition or attempted 
acquisition by the persons Subject To This Order 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 Persons 
Subject To This Order 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 Persons Subject To This 
Order of any item subject to the Regulations that has been exported 
from the United States;
     D. Obtain from the Persons Subject To This Order 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 persons Subject To 
This Order, or service any item, of whatever origin, that is owned, 
possessed or controlled by the Persons Subject To This Order if such 
service involves the use of any item subject to the Regulations that 
has been or will be exported form the United States. For purposes of 
this paragraph, servicing means installation, maintenance, repair, 
modification or testing.
     III. In addition to the Related Person named above, after notice 
and opportunity for comment as provided in section 766.23 of the 
Regulations, any other person, firm, corporation, or business 
organization related to Wang 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 if necessary 
to prevent evasion of the 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 May 2, 2015.
     VI. In accordance with part 756 of the Regulations, Wang may file 
an appeal of this Order with the Under Secretary of Commerce 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. In accordance with section 766.23(c), BRLE may file an appeal 
with the Administrative Law Judge.
     VIII. A copy of this Order shall be delivered to Wang and BRLE. 
This Order shall be published in the Federal Register.

    Dated: April 18, 2006.
Eileen M. Albanese,
Director, Office of Exporter Service.
[FR Doc. 06-3895 Filed 4-24-06; 8:45am]
BILLING CODE 3510-DT-M