[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 62989-62990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24806]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Si Mong Park, 10386 East Painted Turtle Lane; 
Tucson, AZ 85747; Order Denying Export Privileges

    On September 14, 2020, in the U.S. District Court for the District 
of Columbia, Si Mong Park (``Park'') was convicted of violating Section 
38 of the Arms Export Control Act (22 U.S.C. 2778) (``AECA''). 
Specifically, Park was convicted of knowingly and willfully exporting 
and causing to be exported from the United States to South Korea, 
defense articles, that is, technical data related to launch vehicles, 
guided missiles, ballistic missiles, rockets, torpedoes, bombs and 
mines, and technical data related to enumerated aircraft and aircraft 
related articles, which are all designated as defense articles on the 
United States Munitions List, without having first obtained from the 
Department of State a license for such export or written authorization 
for such export. Park was sentenced to 21 months in prison, 36 months 
of supervised release and a $100 assessment.
    Pursuant to Section 1760(e) of the Export Control Reform Act 
(``ECRA''),\1\ the export privileges of any person who has been 
convicted of certain offenses, including, but not limited to, Section 
38 of the AECA, may be denied for a period of up to ten (10) years from 
the date of his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). 
In addition, any Bureau of Industry and Security (``BIS'') licenses or 
other authorizations issued under ECRA, in which the person had an 
interest at the time of the conviction, may be revoked. Id.
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    \1\ ECRA was enacted as part of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019, and as amended is 
codified at 50 U.S.C. 4801-4852. Park's conviction post-dates ECRA's 
enactment on August 13, 2018.
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    BIS received notice of Park's conviction for violating Section 38 
of the AECA, and has provided notice and opportunity for Park to make a 
written submission to BIS, as provided in Section 766.25 of the Export 
Administration Regulations (``EAR'' or the ``Regulations''). 15 CFR 
766.25.\2\ BIS has not received a written submission from Park.
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    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2021).
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    Based upon my review of the record and consultations with BIS's 
Office of Exporter Services, including its Director, and the facts 
available to BIS, I have decided to deny Park's export privileges under 
the Regulations for a period of seven years from the date of Park's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Park had an interest at the time of 
his conviction.\3\
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    \3\ The Director, Office of Export Enforcement, is now the 
authorizing official for issuance of denial orders, pursuant to 
recent amendments to the Regulations (85 FR 73411, November 18, 
2020).
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    Accordingly, it is hereby ordered:
    First, from the date of this Order until September 14, 2027, Si 
Mong Park, with a last known address of 10386 East Painted Turtle Lane, 
Tucson, AZ 85747, 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 engaging 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 from any other activity subject to the Regulations.
    Second, no person may, directly or indirectly, do any of the 
following:
    A. Export, reexport, or transfer (in-country) 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, pursuant to Section 1760(e) of the Export Control Reform Act 
(50 U.S.C. 4819(e)) and Sections 766.23 and 766.25 of the Regulations, 
any other person, firm, corporation, or business organization related 
to Park 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, Park 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 Park and shall be 
published in the Federal Register.

[[Page 62990]]

    Sixth, this Order is effective immediately and shall remain in 
effect until September 14, 2027.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-24806 Filed 11-12-21; 8:45 am]
BILLING CODE 3510-DT-P