Notice2023-28278
In the Matter of: Tina Chen a/k/a Ya When Chen, a/k/a Wen Tina Chen, a/k/a Tina Dunbar, a/k/a Tina Dubner, Inmate Number: 47268-509, FMC Carswell, Federal Medical Center, P.O. Box 27137, Fort Worth, TX 76127; 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 88572-88573]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28278]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Tina Chen a/k/a Ya When Chen, a/k/a Wen Tina
Chen, a/k/a Tina Dunbar, a/k/a Tina Dubner, Inmate Number: 47268-509,
FMC Carswell, Federal Medical Center, P.O. Box 27137, Fort Worth, TX
76127; Order Denying Export Privileges
On February 23, 2023, in the U.S. District Court for the District
of Nevada, Tina Chen, a/k/a Ya When Chen, a/k/a Wen Tina Chen, a/k/a
Tina Dunbar, a/k/a Tina Dubner (``Chen''), was convicted of violating
the International Emergency Economic Powers Act (50 U.S.C 1701, et
seq.) (``IEEPA''). Specifically, Chen was convicted of exporting goods
from the United States to Iran without the required licenses from the
Office of Foreign Assets Control. As a result of her conviction, the
Court sentenced Chen to 13 months of confinement, three years of
supervised release, and a $100 assessment.
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, 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 Chen's conviction for violating IEEPA, and
has provided notice and opportunity for Chen 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 received and considered a written submission from
Chen.
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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, including Chen's submission,
and consultations with BIS's Office of Exporter Services, including its
Director, and the facts available to BIS, I have decided to deny Chen's
export privileges under the Regulations for a period of ten years from
the date of Chen's conviction. The Office of Exporter Services has also
decided to revoke any BIS-issued licenses in which Chen had an interest
at the time of her 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 February 23, 2033, Tina
Chen, a/k/a Ya When Chen, a/k/a Wen Tina Chen, a/k/a Tina Dunbar, a/k/a
Tina Dubner, with a last known address of Inmate Number: 47268-509, FMC
Carswell, Federal Medical Center, P.O. Box 27137, Fort Worth, TX 76127,
and when acting for or on her behalf, her 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 Chen 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, Chen 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
[[Page 88573]]
provisions of part 756 of the Regulations.
Fifth, a copy of this Order shall be delivered to Chen and shall be
published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until February 23, 2033.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-28278 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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