[Federal Register Volume 61, Number 85 (Wednesday, May 1, 1996)]
[Notices]
[Pages 19257-19258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10716]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Export Administration
Action Affecting Export Privileges; Mega Computer Corporation and
Peng K. Lim and Payling Wang; Order Denying Permission to Related
Persons To Apply for or Use Export Licenses
In the matters of: Mega Computer Corporation, 10840 Thornmint
Road, San Diego, California 92127 and Peng K. Lim, 10840 Thornmint
Road, San Diego, California 92127 and Payling Wang, 10840 Thronmint
Road, San Diego, California 92127.
On August 10, 1994, Charles M. Guernieri, Acting Director, Office
of Export Licensing, issued an Order denying Mega Computer Corporation
(Mega Computer) permission to apply for or use any export license until
March 23, 2002. 59 FR 42804 (August 19, 1994). The Order was based on
Mega Computer's conviction of violating the Export Administration Act
of 1979, as amended (50 U.S.C.A. app. Secs. 2401-2420 (1991 & Supp.
1995)) (the Act).\1\ Section 11(h) of the Act provides that any person
related, through affiliation, ownership, control, or position of
responsibility, to a person who has been denied export privileges as a
result of a conviction for violating the Act, may be denied export
privileges as well. On June 6, 1995, Peng K. Lim and Payling Wang were
notified that the Bureau of Export Administration, U.S. Department of
Commerce, had reason to believe that they were related to Mega Computer
through affiliation, ownership, control, or position of responsibility.
They were also advised that, after consulting with the Acting Director,
Office of Export Enforcement, I intended to deny them permission to
apply for or use any export license, including any general license,
because of their relationship to Mega Computer, as provided by the Act
and Section 770.15(h) of the Export Administration Regulations
(currently codified at 15 CFR Parts 768-799 (1995)) (the Regulations).
---------------------------------------------------------------------------
\1\ The Act expired on August 20, 1994. Executive Order 12924 (3
C.F.R., 1994 Comp. 917 (1995)), extended by Presidential Notice on
August 15, 1995 (60 Fed. Reg. 42767, August 17, 1995), continued the
Regulations in effect under the International Emergency Economic
Powers Act (50 U.S.C.A. Secs. 1701-1706 (1991)).
---------------------------------------------------------------------------
The notification also advised Peng K. Lim and Payling Wang of their
right to request a hearing concerning their relationship to Mega
Computer within 30 days. Although both Peng K. Lim and Payling Wang
received notification, neither of them requested a hearing or made any
written response.
Therefore, I hereby find that Peng K. Lim and Payling Wang are
related to Mega Computer, a party denied all U.S. export privileges
until March 23, 2002, through affiliation, ownership, control, or
position of responsibility.
Accordingly, the Order of August 10, 1994 denying Mega Computer
permission to apply for or use any export license, including any
general license, is hereby amended as follows:
It is ordered: I. All outstanding individual validated licenses in
which Mega Computer or either of the related persons, Peng K. Lim or
Payling Wang, appears or participates, in any manner or capacity, are
hereby revoked and shall be returned forthwith to the Office of
Exporter Services for cancellation. Further, all of Mega Computer's,
Peng K. Lim's, and Payling Wang's privileges of participating, in any
manner or capacity, in any special licensing procedure, including, but
not limited to, distribution licenses, are hereby revoked.
II. Until March 23, 2002, Mega Computer Corporation, 10840
Thornmint Road, San Diego, California 92127; Peng K. Lim, 10840
Thornmint Road, San Diego, California 92127; and Payling Wang, 10840
Thornmint Road, San Diego, California 92127, hereby are denied all
privileges of participating, directly or indirectly, in any manner or
capacity, in any transaction in the United States or abroad involving
any commodity or technical data exported or to be exported from the
United States, in whole or in part, and subject to the Regulations.
Without limiting the generality of the foregoing, participation, either
in the United States or abroad, shall include participation, directly
or indirectly, in any manner or capacity: (i) As a party or as a
representative of a party to any export license application submitted
to the Department; (ii) in preparing or filing with the Department any
export license application or request for reexport authorization, or
any document to be submitted therewith; (iii) in obtaining from the
Department or using any validated or general export license, reexport
authorization or other export control document; (iv) in carrying on
negotiations with respect to, or in receiving, ordering, buying,
selling, delivering, storing, using, or disposing of, in whole or in
part, any commodities or technical data exported or to be exported from
the United States, and subject to the Regulations; and (v) in
financing, forwarding, transporting, or other servicing of such
commodities or technical data.
III. After notice and opportunity for comment as provided in
Section 770.15(h) of the Regulations, any person, firm, corporation, or
business organization related to Mega Computer, Peng K. Lim, or Payling
Wang, by affiliation, ownership, control, or position of responsibility
in the conduct of trade or related services may also be subject to the
provisions of this Order.
IV. As provided in Section 787.12(a) of the Regulations, without
prior disclosure of the facts to and specific authorization of the
Office of Export Licensing,\2\ in consultation with the Office of
Export Enforcement, no person may directly or indirectly, in any manner
or capacity: (i) Apply for, obtain, or use any license, Shipper's
Export Declaration, bill of lading, or other export control document
relating to an export or reexport of commodities or technical data by,
to, or for another person then subject to an order revoking or denying
his export privileges or then excluded from practice before the Bureau
of Export Administration; or (ii) order, buy, receive, use, sell,
deliver, store, dispose of, forward, transport, finance, or otherwise
service or participate: (a) in any transaction which may involve any
commodity or technical data exported or to be exported from the United
States; (b) in any reexport thereof; or (c) in any other transaction
which is subject to the Regulations, if the person denied export
privileges may obtain any benefit or have any interest in, directly or
indirectly, any of these transactions.
---------------------------------------------------------------------------
\2\ Because of a recent Bureau of Export Administration
reorganization, this responsibility now rests with the Director,
Office of Exporter Services.
---------------------------------------------------------------------------
[[Page 19258]]
V. This Order is effective immediately and shall remain in effect
until March 23, 2002.
VI. A copy of this Order shall be delivered to Mega Computer and
each of the related persons, Peng K. Lim and Payling Wang. This Order
shall be published in the Federal Register.
Entered this 19th day of April, 1996.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 96-10716 Filed 4-30-96; 8:45 am]
BILLING CODE 3510-DT-M
