Notice2022-26518
In the Matter of: Tian Min Wu, Room 10-7-401 Kangjiayuan, Gaobeidian North Road, Chaoyang District, Beijing, China 100025; Order Denying Export Privileges
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
December 7, 2022
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 87 Issue 234 (Wednesday, December 7, 2022)</title>
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[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75028-75029]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26518]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Tian Min Wu, Room 10-7-401 Kangjiayuan,
Gaobeidian North Road, Chaoyang District, Beijing, China 100025; Order
Denying Export Privileges
On June 9, 2021, in the U.S. District Court for the Central
District of California, Tian Min Wu (``Wu'') was convicted of violating
section 38 of the Arms Export Control Act (22 U.S.C 2778) (``AECA'').
Specifically, Wu was convicted of knowingly and willfully soliciting
the export of, attempting to export and causing others to export from
the United States, a Decoder, a defense article as defined in Category
XI of the United States Munition List, without first obtaining from the
U.S. Department of State a license for such export or written approval.
As a result of his conviction, the Court sentenced Wu to 52 months or
time served in prison, three years of supervised release and a $100
assessment.
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 Wu's conviction for violating section 38 of
the AECA. BIS provided notice and opportunity for Wu 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 and considered a written submission
from Wu.
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\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730 through 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 Wu's export privileges under
the Regulations for a period of 10 years from the date of Wu's
conviction. The Office of Exporter Services has also decided to revoke
any BIS-issued licenses in which Wu 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
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 June 9, 2031, Tian Min Wu,
with a last known address of Room 10-7-401 Kangjiayuan, Gaobeidian
North Road, Chaoyang District, Beijing, China 100025, 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
[[Page 75029]]
``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 Wu 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, Wu 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.
Fifth, a copy of this Order shall be delivered to Wu and shall be
published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until June 9, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-26518 Filed 12-6-22; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on December 7, 2022.
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