[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Notices]
[Pages 16650-16651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06135]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Dan Tran Dang, 1010 W. Moore Street, Santa Ana,
CA 92707; Order Denying Export Privileges
On April 17, 2012, in the U.S. District Court, Central District of
California, Dan Tran Dang (``Dang'') was convicted of violating Section
38 of the Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp. IV
2010)) (``AECA''). Specifically, Dang was convicted of aiding and
abetting and willfully exporting Generation 3 Night Vision Goggles,
defense articles listed on the United States Munitions List, from the
United States to Vietnam, without first obtaining from the U.S.
Department of State a license or written authorization for such export.
Dang was sentenced to one day of prison, (credit for time served),
followed by three years of supervised release, and fined a special
assessment of $500. Dang is also listed on the U.S. Department of State
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. Sec. 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 (2012). 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 15, 2012 (77 FR 49699 (August 16, 2012)), has
continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
IV 2010)).
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I have received notice of Dang's conviction for violating the AECA,
and have provided notice and an opportunity for Dang to make a written
submission to BIS, as provided in Section 766.25 of the Regulations. I
have not received a submission from Dang. 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 Dang's
export privileges under the Regulations for a period of 10 years from
the date of Dang's conviction. I have also decided to revoke all
licenses issued pursuant to the Act or Regulations in which Dang had an
interest at the time of his conviction.
Accordingly, it is hereby ordered:
I. Until April 17, 2022, Dan Tran Dang, with a last known address
at: 1010 W. Moore Street, Santa Ana, CA 92707, and when acting for or
on behalf of Dang, his 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 Dang 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.
[[Page 16651]]
V. This Order is effective immediately and shall remain in effect
until April 17, 2022.
VI. In accordance with Part 756 of the Regulations, Dang 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 Dang. This Order
shall be published in the Federal Register.
Issued this 12th day of March, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-06135 Filed 3-15-13; 8:45 am]
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