[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Notices]
[Pages 19033-19034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8194]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Credit International Trading 
Co. Ltd; In the Matter of: Credit International Trading Co, Ltd (11th 
Institute), No. 2 Zhong Guan Cun Nan Street, Haidian District, Beijing 
100039, People's Republic of China and No 9A Dongtucheng Road, Heping 
Street, Chaoyang District, Beijing, People's Republic of China;

Order Making Order Denying Export Privileges of Ruo Ling Wang 
Applicable to Related Person Credit International Trading Company

    Pursuant to Sections 766.25(h) and 766.23 of the Export 
Administration Regulations \1\ (``EAR''), the Bureau of Industry and 
Security (``BIS''), U.S. Department of Commerce, through its Office of 
Export Enforcement (``OEE''), has requested that I make the Denial 
Order that was imposed against the individual Ruo Ling Wang (``Wang'') 
on April 18, 2006 (71 Fed. Reg. 23897, April 25, 2006) applicable to 
Credit International Trading Co, Ltd (11th Institute), (``Credit 
International''), with addresses at: No. 2 Zhong Guan Cun Nan Street, 
Haidian District, Beijing 100039, People's Republic of China, and No 9A 
Dongtucheng Road, Heping Street, Chaoyang District, Beijing, People's 
Republic of China, (hereinafter, the ``Related Person''), as a person 
related to Wang.
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    \1\ The EAR are currently codified at 15 CFR parts 730-774 
(2010).
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    Section 766.23 of the EAR provides that ``[i]n order to prevent 
evasion, certain types of orders under this part may be made applicable 
not only to the respondent, but also to other persons then or 
thereafter related to the respondent by ownership, control, position of 
responsibility, affiliation, or other connection in the conduct of 
trade or business. Orders that may be made applicable to related 
persons include those that deny or affect export privileges * * *.'' 15 
CFR 766.23(a).
    On April 18, 2006, then Director of Office of Exporter Services 
issued an Order pursuant to 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'') \2\ and Section 766.25 of the 
EAR denying the export privileges under the Regulations of Wang for 10 
years. The Order was based on Wang's conviction of violating the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq. 
(2000)) (``IEEPA''). Wang was convicted of knowingly and willfully 
making a false statement and concealing a material fact from the Bureau 
of Industry Security (``BIS'') and the former U.S. Customs Service.
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    \2\ 50 U.S.C. app. Sec. Sec.  2401-2420 (2000). 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)), which 
has been extended by successive Presidential Notices, the most 
recent being that of August 12, 2010 (75 FR 50681 (Aug. 16, 2010)), 
has continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq. (2000)).
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    BIS has presented evidence that indicates that Credit International 
is related to Wang by ownership, control, position of responsibility, 
affiliation, or other connection in the conduct of trade or business, 
and that it is necessary to add this entity to the Wang Denial Order in 
order to avoid evasion of that Order. The basis for naming Credit 
International to the Wang Denial Order is that Wang acting for, as, or 
on behalf of Credit International, is actively involved in attempting 
to procure items for export from the United States.
    As provided in Section 766.23 of the EAR, I gave notice to Credit 
International that its export privileges under the EAR could be denied 
for up to 10 years due to its relationship with Wang and that BIS 
believes naming Credit International as a related party to Wang would 
be necessary to prevent evasion of a denial order imposed against Wang. 
In providing such notice, I gave Credit International an opportunity to 
oppose its addition to the Wang Denial Order as a related party. Having 
received no submission, I have decided, following consultations with 
BIS's Office of Export Enforcement, including its Director, to name 
Credit International as a Related Person to the Wang Denial Order, 
thereby denying Credit International export privileges for 10 years 
from the date of Wang's conviction.
    I have also decided to revoke all licenses issued pursuant to the 
Act or EAR in which Credit International had an interest at the time of 
Wang's conviction. The 10-year denial period will end on May 2, 2015.
    Accordingly, it is hereby
    Ordered
    First, that having been provided notice and opportunity for comment 
as provided in Sections 766.25 and 766.23 of the Export Administration 
Regulations (the ``Regulations''), the following entity, Credit 
International Trading Co., Ltd. (11th Institute) (``Credit 
International''), with last known addresses at No. 2 Zhong Guan Cun Nan 
Street, Haidian District, Beijing 100039, People's Republic of China, 
and No 9A Dongtucheng Road, Heping Street, Chaoyang District, Beijing, 
People's Republic of China has been determined to be related to Wang by 
affiliation, ownership, control, or position of responsibility in the 
conduct of trade or related services, and it has been deemed necessary 
to make the Order denying the export privileges of Wang applicable to 
Credit International in order to prevent evasion of the Wang Denial 
Order.
    Second, that the denial of export privileges described in the Wang 
Denial Order, which was published in the Federal Register on April 25, 
2006 at 71 FR 23896, shall be made applicable to Credit International 
until its expiration on May 2, 2015, as follows:
    I. Credit International, with last known addresses at No. 2 Zhong 
Guan Cun Nan Street, Haidian District, Beijing 100039, People's 
Republic of China, and No 9A Dongtucheng Road, Heping Street, Chaoyang 
District, Beijing, People's Republic of China, and when

[[Page 19034]]

acting for or on behalf of Credit International, its representatives, 
agents, officers or employees (collectively, ``Related Person'') may 
not participate, directly or indirectly, 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 Related Person any 
item subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Related 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 Related 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 Related Person of any item subject to 
the Regulations that has been exported from the United States;
    D. Obtain from the Related 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 Related Person, or 
service any item, of whatever origin, that is owned, possessed or 
controlled by the Related 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.
    Third, that in accordance with the provisions of Section 766.23(c) 
of the Regulations, the Related Person 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.
    Fourth, that 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.
    Fifth, that this Order is effective immediately and shall remain in 
effect until May 2, 2015.
    Sixth, that this Order shall be published in the Federal Register 
and a copy served on the Related Person.

     Issued this 30 day of March 2011.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2011-8194 Filed 4-5-11; 8:45 am]
BILLING CODE 3510-DT-P