Notice2025-23123
In the Matter of: Arthur Ching-Fu Gau, 8802 South Feliz Drive, Tempe, AZ 85284; 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 17, 2025
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 90 Issue 240 (Wednesday, December 17, 2025)</title>
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[Federal Register Volume 90, Number 240 (Wednesday, December 17, 2025)]
[Notices]
[Pages 58544-58545]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23123]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Arthur Ching-Fu Gau, 8802 South Feliz Drive,
Tempe, AZ 85284; Order Denying Export Privileges
On March 10, 2022, in the U.S. District Court for the District of
Arizona, Arthur Ching-Fu Gau (``Gau'') was convicted of violating the
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.)
(``IEEPA''). Specifically, Gau was convicted of knowingly and willfully
exporting and causing to exported from the United States to China
technical data related to the electronic control unit of the legacy
aircraft auxiliary power units, without having first obtaining the
required license from the U.S. Department of Commerce. As a result of
his conviction, the court sentenced him to 36 months of probation.
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). 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 Gau's conviction for violating IEEPA. As
provided in Section 766.25 of the Export Administration Regulations
(``EAR'' or the ``Regulations''), BIS provided notice and opportunity
for Gau to make a
[[Page 58545]]
written submission to BIS. 15 CFR 766.25.\2\ BIS received and
considered written submissions from Gau.
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\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR Parts 730-774 (2025).
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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 Gau's export privileges under
the Regulations for a period of 4 years from the date of Gau's
conviction. The Office of Exporter Services has also decided to revoke
any BIS-issued licenses in which Gau 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 March 10, 2026, Arthur
Ching-Fu Gau with a last known address of: 8802 South Feliz Drive,
Tempe, AZ 85284 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 and Sections 766.23 and
766.25 of the Regulations, any other person, firm, corporation, or
business organization related to Gau 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, Gau 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 Gau and shall be
published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until March 10, 2026.
Steven Fisher,
Acting Director, Office of Export Enforcement.
[FR Doc. 2025-23123 Filed 12-16-25; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on December 17, 2025.
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