[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2604-2605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00710]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Ge Song Tao (Ge), Block 3, Zijinyuan, No. 5 
Muxuyuan Street, Nanjing, 210007 China; Order Denying Export Privileges

Washington, DC 20230

    On July 14, 2021, in the U.S. District Court for the Middle 
District of Florida, Ge Song Tao (``Ge'') was convicted of violating 18 
U.S.C. 371 and 18 U.S.C. 554(a). Specifically, Ge was convicted of 
conspiring to submit false export information through the federal 
government's Automated Export System and to export maritime raiding 
craft and engines to China fraudulently, and attempting to export that 
equipment fraudulently. As a result of his conviction, the Court 
sentenced Ge to 42 months of confinement, three years of supervised 
release, $50,000 criminal fine and $200 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, 18 U.S.C. 
371 and 18 U.S.C. 554, 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). 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 on August 13, 2018, 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.
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    BIS received notice of Ge's conviction for violating 18 U.S.C. 371 
and 18 U.S.C. 554. As provided in Section 766.25 of the Export 
Administration Regulations (``EAR'' or the ``Regulations''), BIS 
provided notice and opportunity for Ge to make a written submission to 
BIS. 15 CFR 766.25.\2\ BIS has not received a written submission from 
Ge.
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    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2022).
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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 Ge's export privileges under 
the Regulations for a period of 10 years from the date of Ge's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Ge had an interest at the time of his 
conviction.\3\
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    \3\ The Director, Office of Export Enforcement, is the 
authorizing official for issuance of denial orders pursuant to 
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 July 14, 2031, Ge Song 
Tao, with a last known address of Block 3, Zijinyuan, No. 5 Muxuyuan 
Street, Nanjing, 210007 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 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

[[Page 2605]]

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 ECRA and Sections 766.23 and 
766.25 of the Regulations, any other person, firm, corporation, or 
business organization related to Ge 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, Ge 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 Ge and shall be 
published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until July 14, 2031.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-00710 Filed 1-13-23; 8:45 am]
BILLING CODE 3510-DT-P