[Federal Register Volume 72, Number 236 (Monday, December 10, 2007)]
[Notices]
[Pages 69649-69650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5986]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Ernest Koh Chong Tek; In the 
Matter of: Ernest Koh Chong Tek currently incarcerated at: USM 
73762-053 Federal Correctional Inst. (FCI) P.O. Drawer 30 
McRae, Georgia 31055 and with an address at: Bkl 136 09-430 
Bishan Street 12 Singapore 570136;

Order Denying Export Privileges

A. Denial of Export Privileges of Ernest Koh Chong Tek

    On October 13, 2006, in the U.S. District Court in the Eastern 
District of New York, Ernest Koh Chong Tek, (``Koh'') was convicted of 
violating the International Emergency Economic Powers Act (50 U.S.C. 
1701-1705 (2000)) (``IEEPA''). The court found that Koh did knowingly 
and willfully export from the United States to Iran, civilian aircraft 
wheel components and vanes that were listed on the Commerce Control 
Lists without first obtaining the required validated export license 
from the Commerce Department and the Department of the Treasury's 
Office of Foreign Assets Control. In addition, Koh was also found 
guilty on one count of conspiracy and one count of money laundering. 
Koh was sentenced to a term of imprisonment of 52 months followed by 
three years of supervised release.
    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 \2\

[[Page 69650]]

(``Regulations'') provide, in pertinent part, that ``[t]he Director of 
the Office of Exporter Services, in consultation with the Director of 
the Office of Export Enforcement, may deny the export privileges of any 
person who has been convicted of a violation of * * * any regulation, 
license or order issued under the International Emergency Economic 
Powers Act,'' 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 Bureau of Industry's (``BIS'') Office of 
Exporter Services may revoke any BIS licenses previously issued in 
which the person had an interest in at the time of his conviction.
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    \1\ 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 15, 2007 
(72 FR 46137, Aug. 16, 2007), has continued the Regulations in 
effect under the International Emergency Economic Powers Act (50) 
U.S.C. 1701-1706 (2000)) (``IEEPA'').
    \2\ The Regulations are currently codified at 15 CFR Parts 730-
774 (2007).
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    I have received notice of Koh's conviction for violating the IEEPA, 
and have provided notice and an opportunity for Koh to make a written 
submission to the Bureau of Industry and Security as provided in 
Section 766.25 of the Regulations. Having received no submission from 
Koh, I, following consultations with BIS's Office of Export 
Enforcement, including its Director, have decided to deny Koh's export 
privileges under the Regulations for a period of 10 years from the date 
of Koh's conviction.
    Accordingly, it is hereby ordered.
    I. Until October 13, 2016, Ernest Koh Chong Tek, Ernest Koh Chong 
Tek, currently incarcerated at: USM 73762-053, Federal 
Correctional Inst. (FCI), P.O. Drawer 30, McRae, Georgia 31055, and 
with an address at: Blk 136 09-430 Bishan Street 12, Singapore 
570136, and when acting for or on behalf of Koh, his representatives, 
assigns, agents, or employees, (collectively referred to hereinafter as 
the ``Denied Person'') 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 ot 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 other person, firm, corporation, 
or business organization related to Ernest Koh Chong Tek 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 shll remain in effect 
until October 13, 2016.
    VI. In accordance with Part 756 of the Regulations, Koh 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. A copy of this Order shall be delivered to Koh. This Order 
shall be published in Federal Register.

    Dated: November 27, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07-5986 Filed 12-7-07; 8:45 am]
BILLING CODE 3510-DT-M