[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Notices]
[Pages 34342-34343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14090]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

In the Matter of:

Zhen Zhou Wu,
a/k/a Alex Wu,
Currently Incarcerated at:
Inmate Number: 40887-424
FMC Devens,
Federal Medical Center,
P.O. Box 879,
Ayer, MA 01432,

and with an Address at:

2127 Sungang Building 19/F,
Luohu District, Shenzhen, 518001, China.

    On January 26, 2011, in the U.S. District Court, District of 
Massachusetts, Zhen Zhou Wu, a/k/a Alex Wu (``Wu'') was convicted of 
violating the International Emergency Economic Powers Act (50 U.S.C. 
1701 et seq. (2000)) (``IEEPA'') and violating Section 38 of the Arms 
Export Control Act (22 U.S.C. 2778 (2000)) (``AECA''). Specifically, Wu 
was convicted of illegally exporting various electronic components and 
other items subject to the Export Administration Regulations (the 
``Regulations'') to end-users in China between 2004 and 2007, including 
to entities on the BIS Entity List, and for military end-uses. Wu was 
also convicted of illegally exporting military electronic components 
designated on the U.S. Munitions List to China through Hong Kong 
between 2004 and 2007. In addition, Wu was convicted of conspiring over 
a period of 10 years to violate IEEPA and AECA (18 U.S.C. 371); aiding 
and abetting (18 U.S.C. 2); and filing false shipping documents with 
the Department of Commerce (18 U.S.C. 1001). Wu was sentenced to 97 
months in prison, 24 months of supervised release, a $1,700 Special 
Assessment and a $15,000 fine. Wu is also listed on the Department of 
State's Debarred List.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, 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 the [Export 
Administration Act (``EAA'')], the EAR, or any order, license or 
authorization issued thereunder; any regulation, license, or order 
issued under the International Emergency Economic Powers Act (50 U.S.C. 
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal 
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms 
Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also 
Section 11(h) of the EAA, 50 U.S.C. app. Sec.  2410(h). The denial of 
export privileges under this provision may be for a period of up to 10 
years from the date of the conviction. 15 CFR 766.25(d); see also 50 
U.S.C. app. Sec.  2410(h). In addition, Section 750.8 of the 
Regulations states that the Bureau of Industry and Security's Office of 
Exporter Services may revoke any Bureau of Industry and Security 
(``BIS'') licenses previously issued in which the person had an 
interest in at the time of his conviction.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2011). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. app. 
Sec. Sec.  2401-2420 (2000)) (``EAA''). Since August 21, 2001, the 
EAA 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, 2011 (76 FR 50661 (August 16, 2011)), 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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    I have received notice of Wu's conviction for violating IEEPA and 
the AECA, and have provided notice and an opportunity for Wu to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Wu. Based upon my 
review and consultations with BIS's Office of Export Enforcement, 
including its Director, and the facts available to BIS, I have decided 
to deny Wu's export privileges under the Regulations for a period of 10 
years from the date of Wu's conviction. I have also decided to revoke 
all licenses issued pursuant to the Act or Regulations in which Wu had 
an interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    I. Until January 26, 2021, Zhen Zhou Wu, a/k/a Alex Wu, with last 
known addresses at: Inmate Number: 40887-424, FMC Devens, Federal 
Medical Center, P.O. Box 879, Ayer, MA 01432 and 2127 Sungang Road, 
Huatong Building 19/F, Luohu District, Shenzhen, 518001, China, and 
when acting for or on behalf of Wu, his representatives, assigns, 
agents or employees (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, 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

[[Page 34343]]

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 
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 to 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 Wu by affiliation, ownership, 
control or position of responsibility in the conduct of trade or 
related services may also be 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 January 26, 2021.
    VI. In accordance with Part 756 of the Regulations, Wu 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 the Wu. This Order 
shall be published in the Federal Register.

    Issued this 4th day of June, 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012-14090 Filed 6-8-12; 8:45 am]
BILLING CODE P