[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Notices]
[Pages 16786-16787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06811]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Sihai Cheng, a/k/a Alex Cheng, a/k/a Chun Hai 
Cheng, Inmate Number: 96454-038, FCI Terminal Island, Federal 
Correctional Institution, P.O. Box 3007, San Pedro, CA 90733; Order 
Denying Export Privileges

    On January 27, 2016, in the U.S. District Court, District of 
Massachusetts, Sihai Cheng, a/k/a Alex Cheng, a/k/a Chu Hai Cheng 
(``Cheng'') was convicted of violating the International Emergency 
Economic Powers Act (50 U.S.C. 1701, et seq. (2012)) (``IEEPA''). 
Specifically, Cheng knowingly and willfully conspired, combined and 
confederated and agreed with other persons known and unknown to export 
and cause the export of U.S. origin goods, that is, MKS pressure 
transducers (manometer types 722A and 722B), from the United States to 
the Islamic Republic of Iran without first having obtained the required 
licenses and authorizations from the the United States Department of 
Treasury, Office of Foreign Assets Control. Cheng was sentenced to nine 
years in prison and an assessment of $600.00.
    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 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

[[Page 16787]]

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. 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. 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 4, 2016 (81 FR 52,587 (Aug. 8, 2016)), 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 Cheng's conviction for violating IEEPA, 
and in accordance with Section 766.25 of the Regulations, BIS has 
provided notice and an opportunity for Cheng to make a written 
submission to BIS. BIS has not received a submission from Cheng.
    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 Cheng's export privileges under the Regulations 
for a period of 10 years from the date of Cheng's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Cheng had an interest at the time of his 
conviction.

    Accordingly, it is hereby Ordered:

    First, from the date of this Order until January 27, 2026, Sihai 
Cheng, a/k/a Alex Cheng, a/k/a Chun Hai Cheng, with a last known 
address of Inmate Number: 96454-038, FCI Terminal Island, Federal 
Correctional Institution, P.O. Box 3007, San Pedro, CA 90733, 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 Cheng 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, Cheng 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 Cheng. This 
Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until January 27, 2026.

    Dated: Issued this 31st day of March, 2017.
Hillary Hess,
Acting Director, Office of Exporter Services.
[FR Doc. 2017-06811 Filed 4-5-17; 8:45 am]
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