Notice2023-28268
In the Matter of: Jonathan Yet Wing Soong, Inmate Number: 03089-510, USP LOMPOC, U.S. Penitentiary, 3901 Klein Blvd., Lompoc, CA 93436; 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 22, 2023
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 88 Issue 245 (Friday, December 22, 2023)</title>
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[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88565-88566]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28268]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Jonathan Yet Wing Soong, Inmate Number: 03089-
510, USP LOMPOC, U.S. Penitentiary, 3901 Klein Blvd., Lompoc, CA 93436;
Order Denying Export Privileges
On April 28, 2023, in the U.S. District Court for the Northen
District of California, Jonathan Yet Wing Soong (``Soong''), was
convicted of violating the International Emergency Economic Powers Act
(50 U.S.C. 1701, et seq.) (``IEEPA''). Specifically, Soong was
convicted of knowingly and willfully exporting from the United States
to Beihang University, an entity on the Department of Commerce's Entity
List, EAR99 CIFER (Comprehensive Identification from Frequency
Responses) software, a tool that allows a user to develop a dynamic
model of an aircraft using system identification techniques, without
having first obtained the required authorization from the Department of
Commerce. As a result of his conviction, the Court sentenced Soong to
20 months of imprisonment, three years of supervised release, $100
assessment and $168,885 in restitution.
Pursuant to section 1760(e) of the Export Control Reform Act
(``ECRA''),\1\ the export privileges of any person who has been
convicted of certain offenses,
[[Page 88566]]
including, but not limited to, IEEPA, may be denied for a period of up
to ten (10) years from the date of his/her conviction. 50 U.S.C.
4819(e) (Prior Convictions). 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.
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\1\ ECRA was enacted on August 13, 2018, as part of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 and,
as amended, is codified at 50 U.S.C. 4801-4852.
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BIS received notice of Soong's conviction for violating IEEPA, and
has provided notice and opportunity for Soong 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.\2\ BIS has not received a written submission from Soong.
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\2\ 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 Soong's export privileges
under the Regulations for a period of 10 years from the date of Soong's
conviction. The Office of Exporter Services has also decided to revoke
any BIS-issued licenses in which Soong had an interest at the time of
his conviction.\3\
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\3\ 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 April 28, 2033, Jonathan
Yet Wing Soong, with a last known address of Inmate Number: 03089-510,
USP LOMPOC, U.S. Penitentiary, 3901 Klein Blvd., Lompoc, CA 93436, 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 the Export Control Reform Act
(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 Soong 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, Soong 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 Soong and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until April 28, 2033.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-28268 Filed 12-21-23; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on December 22, 2023.
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