[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Notices]
[Pages 46898-46899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17033]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Fang Liwu, Nan Hu Xi Yuan 50505, Chai Yang 
District, Wang Ging, Beijing, China; Order Denying Export Privileges

    On July 20, 2015, in the U.S. District Court for the Eastern 
District of Pennsylvania, Fang Liwu (``Fang'') was convicted of 
violating the International Emergency Economic Powers Act (50 U.S.C. 
Sec.  1701, et seq. (2012)) (``IEEPA''). Specifically, Fang knowingly 
and willfully violated the IEEPA, and the regulations promulgated 
thereunder, and aided and abetted the violation, that is, without 
obtaining the required Office of Foreign Assets Control approval, Fang 
engaged in transactions to export, attempted to export, and aided and 
abetted the export of three CC-10 vacuum gauges to Iran from the United 
States. Fang was sentenced to 24 months in prison, with credit for time 
served, three years of supervised release, and a special assessment of 
$400.00.
    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

[[Page 46899]]

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. 
Sec.  1701-1706); 18 U.S.C. Sec. Sec.  793, 794 or 798; section 4(b) of 
the Internal Security Act of 1950 (50 U.S.C. Sec.  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. 4610(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. 4610(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\ 50 U.S.C. Sec. Sec.  4601-4623 (Supp. III 2015) (available 
at http://uscode.house.gov). 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 7, 2015 (80 FR 48,233 (Aug. 11, 2015)), has continued the 
Regulations in effect under the International Emergency Economic 
Powers Act (50 U.S.C. 1701, et seq. (2012)).
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    BIS has received notice of Fang's conviction for violating IEEPA, 
and in accordance with Section 766.25 of the Regulations, BIS has 
provided notice and an opportunity for Fang to make a written 
submission to BIS. BIS has not received a submission from Fang.
    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 Fang's export privileges under the Regulations for 
a period of 10 years from the date of Fang's conviction. I have also 
decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Fang had an interest at the time of his 
conviction.
    Accordingly, it is hereby ORDERED:
    First, from the date of this Order until July 20, 2025, Fang Liwu, 
with a last known address of Nan Hu Xi Yuan 50505, Chai Yang District, 
Wang Ging, Beijing, China, and when acting for or on his behalf, his 
successors, assigns, employees, agents or representatives (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.
    Second, 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, 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 Fang by ownership, control, 
position of responsibility, affiliation, or other connection in the 
conduct of trade or business may also be made subject to the provisions 
of this Order in order to prevent evasion of this Order.
    Fourth, in accordance with Part 756 of the Regulations, Fang 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.
    Fifth, a copy of this Order shall be delivered to the Fang. This 
Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until July 20, 2025.

    Issued this 12th day of July, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016-17033 Filed 7-18-16; 8:45 am]
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