[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Pages 43857-43858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17513]



[[Page 43857]]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Relating to Yaming Nina Qi Hanson

    In the Matter of: Yaming Nina Qi Hanson, 1003, 2 Unit, 
40 Bldg., Xuriwan Garden, Xiangzhou District, Zhuhai, Guangdong 
Province, People's Republic of China, Respondent

Order Relating to Yaming Nina Qi Hanson

    The Bureau of Industry and Security, U.S. Department of Commerce 
(``BIS''), has notified Yaming Nina Qi Hanson, of Zhuhai, Guangdong 
Province, People's Republic of China (``Qi Hanson''), of its intention 
to initiate an administrative proceeding against Qi Hanson pursuant to 
Section 766.3 of the Export Administration Regulations (the 
``Regulations''),\1\ and Section 13(c) of the Export Administration Act 
of 1979, as amended (the ``Act''),\2\ through the issuance of a 
Proposed Charging Letter to Qi Hanson that alleges that Qi Hanson 
committed one violation of the Regulations. Specifically, the charge 
is:
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2013). The charged 
violation occurred in 2009. The Regulations governing the violations 
at issue are found in the 2009 version of the Code of Federal 
Regulations (15 CFR parts 730-774). The 2013 Regulations set forth 
the procedures that apply to this matter.
    \2\ 50 U.S.C. app. 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 15, 2012 (77 FR 49699 (Aug. 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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Charge 1 15 CFR 764.2(g): Misrepresentation and Concealment of Facts in 
the Course of an Investigation

    On or about January 29, 2009, Qi Hanson made false or misleading 
statements to the U.S. Government in the course of an investigation. 
Specifically, in relation to an investigation of unlicensed exports to 
the People's Republic of China (``China'') of 20 autopilots, items 
subject to the Regulations, and valued at approximately $90,340, during 
an interview with a BIS special agent and an FBI special agent on or 
about January 29, 2009, Qi Hanson represented that several old 
university classmates in China provided her with $75,000 to purchase 
the autopilots from the Canadian seller. Qi Hanson knew at the time she 
made this statement to the agents that it was false and that in fact 
Fang Yu, President of Xi'an XiangYu Aviation Technical Group of Xian, 
China, had given her money to finance the entire purchase.

In so doing, Qi Hanson committed one violation of section 764.2(g) of 
the Regulations.
    Whereas, BIS and Qi Hanson have entered into a Settlement Agreement 
pursuant to Section 766.18(a) of the Regulations, whereby they agreed 
to settle this matter in accordance with the terms and conditions set 
forth therein; and
    Whereas, I have approved of the terms of such Settlement Agreement;
    It is therefore ordered:
    First, that for a period of fifteen (15) years from the date of 
this Order, Qi Hanson, with a last known address of 1003, 2 
Unit, 40 Bldg., Xuriwan Garden, Xiangzhou District, Zhuhai, Guangdong 
Province, People's Republic of China, and when acting for or on her 
behalf, her successors, assigns, representatives, agents, or employees 
(hereinafter collectively referred to as ``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. 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.
    Second, that 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.
    Third, that, after notice and opportunity for comment as provided 
in section 766.23 of the Regulations, any person, firm, corporation, or 
business organization related to the Denied Person 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 
the Order.
    Fourth, Qi Hanson shall not take any action or make or permit to be 
made any public statement, directly or indirectly, denying the 
allegations in the Proposed Charging Letter or the Order. The foregoing 
does not affect Qi Hanson's testimonial obligations in any proceeding, 
nor does it affect its right to take legal or factual positions in 
civil litigation or other civil proceedings in which the U.S. 
Department of Commerce is not a party.
    Fifth, that the Proposed Charging Letter, the Settlement Agreement, 
and this Order shall be made available to the public.
    Sixth, that this Order shall be served on Qi Hanson, and shall be 
published in the Federal Register.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.


[[Page 43858]]


    Issued this 16th day of July 2013.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2013-17513 Filed 7-19-13; 8:45 am]
BILLING CODE P