Notice2022-19447
Order Denying Export Privileges; In the Matter of: Wei Sun, 7146 W. Fall Haven Way, Tucson, AZ 85757
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 8, 2022
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 87 Issue 173 (Thursday, September 8, 2022)</title>
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54956-54957]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19447]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges; In the Matter of: Wei Sun, 7146
W. Fall Haven Way, Tucson, AZ 85757
On November 17, 2020 in the U.S. District Court for the District of
Arizona, Wei Sun (``Sun'') was convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C. 2778) (``AECA''). Sun was convicted
of knowingly and willfully exporting from the United States to China,
technical data, specifically, two files of computer data contained in
an HP Elitebook 840 computer possessed by Sun, controlled under the
International Traffic in Arms Regulations and the United State
Munitions List without having first obtained from the Department of
State a license for such export or written authorization for such
export.
As a result of his conviction, the Court sentenced Sun to 38 months
in prison, three years of supervised release and a $100 special
assessment. The Department of State also added Sun to its list of
debarred parties.
Pursuant to section 1760(e) of the Export Control Reform Act
(``ECRA''), the export privileges of any person who has been convicted
of certain offenses, including, but not limited to, section 38 of the
AECA, may be denied for a period of up to ten (10) years from the date
of his/her conviction. See 50 U.S.C. 4819(e). In addition, any Bureau
of Industry and Security (``BIS'') licenses or other authorizations
issued under ECRA, in which the person had an interest at the time of
the conviction, may be revoked. Id.
BIS received notice of Sun's conviction for violating Section 38 of
the AECA. BIS provided notice and opportunity for Sun to make a written
submission to BIS, as provided in section 766.25 of the Export
Administration Regulations (``EAR'' or the ``Regulations''). 15 CFR
766.25.\1\ BIS has not received a written submission from Sun.
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\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2022).
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Based upon my review of the record and consultations with BIS's
Office of Exporter Services, including its Director, and the facts
available to BIS, I have decided to deny Sun's export privileges under
the Regulations for a period of 10 years from the date of Sun's
conviction. The Office of Exporter Services has also decided to revoke
any BIS-issued licenses in which Sun had an interest at the time of his
conviction.\2\
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\2\ The Director, Office of Export Enforcement, is the
authorizing official for issuance of denial orders, pursuant to
recent amendments to the Regulations (85 FR 73411, November 18,
2020).
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Accordingly, it is hereby ordered:
First, from the date of this Order until November 17, 2030, Wei
Sun, with a last known address of: 7146 W. Fall Haven Way, Tucson, AZ
85757, and when acting for or on his behalf, his successors, assigns,
employees, agents or representatives (``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 engaging 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 from any other activity subject to the Regulations.
Second, no person may, directly or indirectly, do any of the
following:
A. Export, reexport, or transfer (in-country) 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.
Third, pursuant to Section 1760(e) of ECRA (50 U.S.C. 4819(e)) and
sections 766.23 and 766.25 of the Regulations, any other person, firm,
corporation, or business organization related to Sun by ownership,
control, position of responsibility, affiliation, or other connection
in the conduct of trade or business may also be made subject to the
provisions of this Order in order to prevent evasion of this Order.
Fourth, in accordance with part 756 of the Regulations, Sun may
file an appeal of this Order with the Under Secretary of Commerce for
Industry and Security.
[[Page 54957]]
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.
Fifth, a copy of this Order shall be delivered to Sun and shall be
published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until November 17, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-19447 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on September 8, 2022.
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