[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: 94-22773]
[[Page Unknown]]
[Federal Register: September 15, 1994]
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DEPARTMENT OF COMMERCE
Action Affecting Export Privileges; Pinzhe Zhang, Also Known as
Peter Zhang; Order Denying Permission To Apply for or Use Export
Licenses
On September 17, 1993, Pinzhe Zhang, also known as Peter Zhang
(Zhang), was convicted in the U.S. District Court for the Eastern
District of Viginia of violating Section 38 of the Arms Export Control
Act (22 U.S.C.A. 2778 (1990)) (the AECA), among other crimes.
Specifically, Zhang was convicted on three 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. 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 C.F.R. 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
reflected in the Regulations, the Director, Office of Export
Licensing, in consulation 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 Zhang's conviction for violating the
AECA, and following consultations with the Director, Office of Export
Enforcement, I have decided to deny Zhang 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 Zhang had an interest at the time
of his conviction.
Accordingly, it is hereby ordered:
I. All outstanding individual validated licenses in which Zhang
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 Zhang'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, Pinzhe Zhang, also known as Peter
Zhang, 82 W. 49th Street, Apartment A, Norfolk, Virginia 23518, and
currently incarcerated at Federal Correctional Institution, Registry
No. 25241-083, P.O. Box 1000, Petersburg, Virginia 23804-1000, 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
Section 770.15(h) of the Regulations, any person, firm, corporation, or
business organization related to Zhang 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 Zhang. This Order
shall be published in the Federal Register.
Dated: September 7, 1994.
Charles M. Guernieri,
Acting Director, Office of Export Licsensing.
[FR Doc. 94-22773 Filed 9-14-94; 8:45 am]
BILLING CODE 3510-DT-M
