[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Notices]
[Pages 56559-56560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22421]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Ming Suan Zhang, Inmate Number--00819-005, Moshannon Valley, 
Correctional Institution, 555 Geo Drive, Philipsburg, PA 16866; Order 
Denying Export Privileges

    On December 10, 2013, in the U.S. District Court, Eastern District 
of New York, Ming Suan Zhang (``Zhang''), was convicted of violating 
the International Emergency Economic Powers Act (50 U.S.C. 1701, et 
seq. (2006 & Supp. IV 2010)) (``IEEPA''). Specifically, Zhang 
knowingly, intentionally and willfully attempted to export from the 
United States to China, one or more spools of Toray type M60JB-3000-50B 
carbon fiber, without first having obtained the required license from 
the Department of Commerce. Zhang was sentenced to 57 months of 
imprisonment and fined a $100 assessment.
    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

[[Page 56560]]

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 (2014). 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 7, 2014 (79 FR 46959 (August 11, 2014)), 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 Zhang's conviction for violating the 
IEEPA, and have provided notice and an opportunity for Zhang to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. I have received a written submission from Zhang. However, 
the submission was not in English nor did it include an English 
translation. Subsequently, I notified Zhang that if he would like BIS 
to consider his written submission, he should resubmit the submission 
in English or provide an English translation. BIS did not receive a 
response in English or otherwise.
    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 Zhang's export privileges under the Regulations 
for a period of 10 years from the date of Zhang's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Zhang had an interest at the time of his 
conviction.

Accordingly, it is hereby
Ordered

    I. Until December 10, 2023, Ming Suan Zhang, with a last known 
address at: Inmate Number: 00819-005, Moshannon Valley, Correctional 
Institution, 555 Geo Drive, Philipsburg, PA 16866, and when acting for 
or on behalf of Zhang, 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 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 Zhang 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 is effective immediately and shall remain in effect 
until December 10, 2023.
    V. In accordance with part 756 of the Regulations, Zhang 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.
    VI. A copy of this Order shall be delivered to Zhang. This Order 
shall be published in the Federal Register.

    Issued this 15th day of September, 2014.
Karen H. Nies-Vogel,
Acting Director, Office of Exporter Services.
[FR Doc. 2014-22421 Filed 9-19-14; 8:45 am]
BILLING CODE P