[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22772]
[[Page Unknown]]
[Federal Register: September 15, 1994]
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DEPARTMENT OF COMMERCE
Action Affecting Export Privileges; Bin Wu; Order Denying
Permission To Apply for or Use Export Licenses
On September 17, 1993, Bin Wu (Wu) was convicted in the U.S.
District Court for the Eastern District of Virginia of violating
Section 38 of the Arms Export Control Act (22 U.S.C.A 2778 (1990)) (the
AECA), among other crimes. Specifically, Wu was convicted on five
counts of knowingly and willfully exporting and causing to be exported
second generation military specification image intensifying tubes, from
the United States to Hong Kong, New Territories, without obtaining the
required licenses or written approval from the U.S. Department of
State.
Section 11(h) of the Export Administration Act of 1979, as amended
(50 U.S.C.A. app. 2401-2420 (1991, Supp. 1993, and Pub. L. No. 103-277,
July 5, 1994)) (the Act),1 provides that, at the discretion of the
Secretary of Commerce,2 no person convicted of violating the AECA,
or certain other provisions of the United States Code, shall be
eligible to apply for or use any export license issued pursuant to, or
provided by, the Act or the Export Administration Regulations
(currently codified at 15 CFR Parts 768-799 (1994)) (the Regulations)
for a period of up to 10 years from the date of the conviction. In
addition, any export license issued pursuant to the Act in which such a
person had any interest at the time of conviction may be revoked.
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\1\The Act expired on August 20, 1994. Executive Order 12924 (59
FR 43437, August 23, 1994) continued the Regulations in effect under
the International Emergency Economic Powers Act (50 U.S.C.A 1701-
1706 (1991)).
\2\Pursuant to appropriate delegations of authority that are
reflecting in the Regulations, the Director, Office of Export
Licensing, in consultation with the Director, Office of Export
Enforcement, exercises the authority granted to the Secretary by
Section 11(h) of the Act.
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Pursuant to Secs. 770.15 and 772.1(g) of the Regulations, upon
notification that a person has been convicted of violating the AECA,
the Director, Office of Export Licensing, in consultation with the
Director, Office of Export Enforcement, shall determine whether to deny
that person permission to apply for or use any export license issued
pursuant to, or provided by, the Act and the Regulations, and shall
also determine whether to revoke any export license previously issued
to such a person.
Having received notice of Wu's conviction for violating the AECA,
and following consultations with the Director, Office of Export
Enforcement, I have decided to deny Wu permission to apply for or use
any export license, including any general license, issued pursuant to,
or provided by, the Act and the Regulations, for a period of 10 years
from the date of his conviction. The 10-year period ends on September
17, 2003. I have also decided to revoke all export licenses issued
pursuant to the Act in which Wu had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
I. All outstanding individual validated licenses in which Wu
appears or participates, in any manner or capacity, are hereby revoked
and shall be returned forthwith to the Office of Export Licensing for
cancellation. Further, all of Wu'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 September 17, 2003, Bin Wu, 201 North Palm Avenue,
Virginia Beach, Virginia 23462, and currently incarcerated at Federal
Correctional Institution, Schuylkill, Registry No. 25213-083, P.O. Box
759, Minersville, Pennsylvania 17954, hereby is 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
Sec. 770.15(h) of the Regulations, any person, firm, corporation, or
business organization related to Wu 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 Sec. 787.12(a) of the Regulations, without prior
disclosure of the facts to and specific authorization of the Office of
Export Licensing, 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 Export Administration Regulations, if the person denied
export privileges may obtain any benefit or have any interest in,
directly or indirectly, any of these transactions.
V. This Order is effective immediately and shall remain in effect
until September 17, 2003.
VI. A copy of this Order shall be delivered to Wu. This Order shall
be published in the Federal Register.
Dated: September 7, 1994.
Charles M. Guernieri,
Acting Director; Office of Export Licensing.
[FR Doc. 94-22772 Filed 9-14-94; 8:45 am]
BILLING CODE 3510-DT-M
