[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Notices]
[Pages 34339-34340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14091]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Yufeng Wei, a/k/a Annie Wei, 165 Beech Street, Belmont, MA 02378;
Order Denying Export Privileges
On January 28, 2011, in the U.S. District Court, District of
Massachusetts, Yufeng Wei, a/k/a Annie Wei (``Wei'') was convicted of
violating the International Emergency Economic Powers Act (50
U.S.C.1701 et seq. (2000)) (``IEEPA'') and violating Section 38 of the
Arms Export Control Act (22 U.S.C. 2778 (2000)) (``AECA'').
Specifically, Wei was convicted of illegally exporting various
electronic components and other items subject to the Export
Administration Regulations (the ``Regulations'') to end-users in China
between 2004 and 2007, including to entities on the BIS Entity List,
and for military end-uses. Wei was also convicted of illegally
exporting military electronic components designated on the U.S.
Munitions List to China through Hong Kong between 2004 and 2007. In
addition, Wei was convicted of conspiring over a period of 10 years to
violate IEEPA and AECA (18 U.S.C. 371); aiding and abetting (18 U.S.C.
2); filing false shipping documents with the Department of Commerce (18
U.S.C. 1001); and use of fraudulently obtained resident card (18 U.S.C.
1546(a)). Wei was sentenced to 36 months in prison and a $1,300 Special
Assessment. Wei is also listed on the Department of State's Debarred
List.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director
of the Office of Exporter Services, in consultation with the Director
of the Office of Export Enforcement, may deny the export privileges of
any person who has been convicted of a violation of the [Export
Administration Act (``EAA'')], the EAR, or any order, license or
authorization issued thereunder; any regulation, license, or order
issued under the International Emergency Economic Powers Act (50 U.S.C.
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms
Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also
Section 11(h) of the EAA, 50 U.S.C. app. Sec. 2410(h). The denial of
export privileges under this provision may be for a period of up to 10
years from the date of the conviction. 15 CFR 766.25(d); see also 50
U.S.C. app. 2410(h). In addition, Section 750.8 of the Regulations
states that the Bureau of Industry and Security's Office of Exporter
Services may revoke any Bureau of Industry and Security (``BIS'')
licenses previously issued in which the person had an interest in at
the time of his conviction.
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\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2011). The Regulations
issued pursuant to the Export Administration Act (50 U.S.C. app.
Sec. Sec. 2401-2420 (2000)) (``EAA''). Since August 21, 2001, the
EAA has been in lapse and the President, through Executive Order
13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has
been extended by successive Presidential Notices, the most recent
being that of August 12, 2011 (76 Fed. Reg. 50661 (August 16,
2011)), has continued the Regulations in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.
(2000)).
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[[Page 34340]]
I have received notice of Wei's conviction for violating IEEPA and
the AECA, and have provided notice and an opportunity for Wei to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from Wei. Based upon my
review and consultations with BIS's Office of Export Enforcement,
including its Director, and the facts available to BIS, I have decided
to deny Wei's export privileges under the Regulations for a period of
10 years from the date of Wei's conviction. I have also decided to
revoke all licenses issued pursuant to the Act or Regulations in which
Wei had an interest at the time of her conviction.
Accordingly, it is hereby ordered
I. Until January 28, 2021, Yufeng Wei, a/k/a Annie Wei, with a last
known address at: 165 Beech Street, Belmont, MA 02478, and when acting
for or on behalf of Wei, her representatives, assigns, agents or
employees (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 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 in any other activity subject to the Regulations.
II. No person may, directly or indirectly, do any of the following:
A. Export or reexport 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.
III. After notice and opportunity for comment as provided in
Section 766.23 of the Regulations, any other person, firm, corporation,
or business organization related to Wei 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 if
necessary to prevent evasion of the Order.
IV. This Order does not prohibit any export, reexport, or other
transaction subject to the Regulations where the only items involved
that are subject to the Regulations are the foreign-produced direct
product of U.S.-origin technology.
V. This Order is effective immediately and shall remain in effect
until January 28, 2021.
VI. In accordance with Part 756 of the Regulations, Wei 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.
VII. A copy of this Order shall be delivered to the Wei. This Order
shall be published in the Federal Register.
Issued this 4th day of June, 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012-14091 Filed 6-8-12; 8:45 am]
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