[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Notices]
[Pages 21345-21346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08272]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Liem Duc Huynh, a/k/a Duc Huynh, 2905 South 
Elm, Broken Arrow, OK 74012; Order Denying Export Privileges

    On April 17, 2012, in the U.S. District Court, Central District of 
California, Liem Duc Huynh (``Huynh'') was convicted of violating 
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp. 
IV 2010)) (``AECA''). Specifically, Huynh was convicted of aiding and 
abetting and willfully exporting Generation 3 Night Vision Goggles, 
defense articles listed on the United States Munitions List, from the 
United States to Vietnam, without first obtaining from the U.S. 
Department of State a license or written authorization for such export. 
Huynh was sentenced to one day of prison, (credit for time served), 
followed by three years of supervised release and a $1,500 fine. Huynh 
is also listed on the U.S. Department of State 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 (2012). 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 15, 2012 (77 Fed. Reg. 49699 (August 16, 
2012)), has continued the Regulations in effect under the 
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. 
(2006 & Supp. IV 2010)).
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    I have received notice of Huynh's conviction for violating the 
AECA, and have provided notice and an opportunity for Huynh to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have not received a submission from Huynh. 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 Huynh's export privileges under the Regulations for a period of 
10 years from the date of Huynh's conviction. I have also decided to 
revoke all licenses issued pursuant to the Act or Regulations in which 
Huynh had an interest at the time of his conviction.
    Accordingly, it is hereby
    Ordered
    I. Until April 17, 2022, Liem Duc Huynh (``Huynh''), with a last 
known address at: 2905 South Elm, Broken Arrow, OK 74012, and when 
acting for or on behalf of Huynh, 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

[[Page 21346]]

(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 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 Huynh 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 April 17, 2022.
    VI. In accordance with Part 756 of the Regulations, Huynh 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 Huynh. This 
Order shall be published in the Federal Register.

    Issued this 2nd day of April 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-08272 Filed 4-9-13; 8:45 am]
BILLING CODE P