[Federal Register Volume 78, Number 185 (Tuesday, September 24, 2013)]
[Notices]
[Pages 58519-58520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23141]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Denial of Export Privileges; Sixing Liu
In the Matter of: Sixing Liu, a/k/a Steve Liu, Inmate
43102-424, FCI Oxford, Federal Correctional Institution,
P.O. Box 1000, Oxford, WI 53952
Order Denying Export Privileges
On March 26, 2013, in the U.S. District Court for the District of
New Jersey, Sixing Liu, a/k/a Steve Liu (``Liu''), was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2006 & Supp. IV 2010)) (``AECA''). Specifically, Liu was convicted of
knowingly and willfully exporting and attempting to export to the
People's Republic of China defense articles, specifically, technical
data on the United States Munitions List related to fire control, range
finder, optical and guidance and control equipment, without having
first obtained from the U.S. Department of State a license or written
approval for such export. Liu was sentenced to 70 months of
imprisonment, three years of supervised release, a $15,000 criminal
fine, and an assessment of $900.00.
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. 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 (2013). The Regulations
issued pursuant to the Export Administration Act (50 U.S.C. app.
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 8, 2013 (78 FR 49107 (August 12, 2013)), 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 Liu's conviction for violating the AECA,
and have provided notice and an opportunity for Liu to make a written
submission to BIS, as provided in Section 766.25 of the Regulations. I
have not received a submission from Liu.
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 Liu's export privileges under the Regulations for
a period of 10 years from the date of Liu's conviction. I have also
decided to revoke all licenses issued pursuant to the Act or
Regulations in which Liu had an interest at the time of his conviction.
Accordingly, it is hereby
Ordered
I. Until March 26, 2023, Sixing Liu, a/k/a Steve Liu, with a last
known address at: Inmate Number 43102-424, FCI Oxford, Federal
Correctional Institution, P.O. Box 1000, Oxford, WI 53952, and when
acting for or on behalf of Liu, 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
[[Page 58520]]
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 Liu 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 March 26, 2023.
VI. In accordance with Part 756 of the Regulations, Liu 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 Liu. This Order
shall be published in the Federal Register.
Issued this 18th day of September, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-23141 Filed 9-23-13; 8:45 am]
BILLING CODE P