[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10286-10287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03420]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Shuren Qin, Inmate Number: 01003-138, FCI 
Allenwood Low, Federal Correctional Institution, P.O. Box 1000, White 
Deer, PA 17887;

    On September 8, 2021, in the U.S. District Court for the District 
of Massachusetts, Shuren Qin (``Qin''), was convicted of violating the 
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.) 
(``IEEPA''), 8 U.S.C. 1001 and 18 U.S.C. 554(a), among other 
violations. Specifically, Qin was convicted conspiring to unlawfully 
export items from the United States to Northwestern Polytechnical 
University, an entity on the Department of Commerce's Entity List, 
without first obtaining the required export licenses; two counts of 
making false statements to law enforcement agents regarding his 
customers and the types of parts he caused to be exported from the 
United States to China; and two counts of smuggling hydrophones from 
the United States to the China.

[[Page 10287]]

    As a result of his conviction, the Court sentenced Qin to 24 months 
of confinement, two years of supervised release, a $1,000 assessment 
and a $20,000 criminal fine.
    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, IEEPA, 18 
U.S.C. 1001 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) 
(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 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 Qin's conviction for violating IEEPA, 18 
U.S.C. 1001 and 18 U.S.C. 554, and has provided notice and opportunity 
for Qin 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 Qin.
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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 Qin's export privileges under 
the Regulations for a period of ten years from the date of Qin's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Qin 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 September 8, 2031, Shuren 
Qin, with a last known address of, Inmate Number: 01003-138, FCI 
Allenwood Low, Federal Correctional Institution, P.O. Box 1000, White 
Deer, PA 17887, 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 Qin 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, Qin 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 Qin and shall be 
published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until September 8, 2031.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-03420 Filed 2-16-23; 8:45 am]
BILLING CODE 3510-DT-P