    22 April 1998
    Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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    [Federal Register: April 22, 1998 (Volume 63, Number 77)]
    [Notices]
    [Page 19895-19896]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr22ap98-47]

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    DEPARTMENT OF COMMERCE

    Bureau of Export Administration

    Action Affecting Export Privileges; James Lee, Also Known as Li
    Jin; Order Denying Permission To Apply for or Use Export Licenses

        In the Matter of: James Lee, also known as Li Jin, 410 Auburn
    Way, No. 34, San Jose, California 95129.

        On January 14, 1998, James Lee, also known as Li Jin (Lee), was
    convicted in the United States District Court for the Northern District
    of California of violating Section 38 of the Arms Export Control Act
    (currently codified at 22 U.S.C.A. 2778 (1990 & Supp. 1998)) (the
    AECA). Specifically, Lee was convicted of knowingly and willfully
    exporting and attempting to export defense articles to the People's
    Republic of China without obtaining the required export license from
    the Department of State.
        Section 11(h) of the Export Administration Act of 1979, as amended
    (currently codified at 50 U.S.C.A. app. sections 2401-2420 (1991 &
    Supp. 1997)) (the Act),<SUP>1</SUP> provides that, at the discretion of
    the Secretary of Commerce,<SUP>2</SUP> no person convicted of violating
    the AECA, or certain other provisions of the United States Code, shall
    be eligible to apply for or use any license, including any License
    Exception, issued pursuant to, or provided by, the Act or the Export
    Administration Regulations (currently codified at 15 CFR Parts 730-774
    (1997)) (the Regulations) for a period of up to 10 years from the date
    of the conviction. In addition, any license issued pursuant to the Act
    in which such a person had any interest at the time of conviction may
    be revoked.
    ---------------------------------------------------------------------------

        \1\ The Act expired on August 20, 1994. Executive Order 12924 (3
    C.F.R., 1994 Comp. 917 (1995)), extended by Presidential Notices of
    August 15, 1995 (3 C.F.R., 1995 Comp. 501 (1996)), August 14, 1996
    (3 C.F.R., 1996 Comp. 298 (1997)), and August 13, 1997 (62 F.R.
    43629, August 15, 1997), continued the Export Administration
    Regulations in effect under the International Emergency Economic
    Powers Act (50 U.S.C.A. Sections 1701-1706 (1991 & Supp. 1998)).
        \2\ Pursuant to appropriate delegations of authority, the
    Director, Office of Exporter Services, in consultation with the
    Director, Office of Export Enforcement, exercises the authority
    granted to the Secretary by Section 11(h) of the Act.
    ---------------------------------------------------------------------------

        Pursuant to Sections 766.25 and 750.8(a) of the Regulations, upon
    notification that a person has been convicted of violating the AECA,
    the Director, Office of Exporter Services, in consultation with the
    Director, Office of Export Enforcement, shall determine whether to deny
    that person permission to apply for or use any license, including any
    License Exception, issued pursuant to, or provided by, the Act or the
    Regulations, and shall also determine whether to revoke any license
    previously issued to such a person.
        Having received notice of Lee's conviction for violating the AECA,
    and following consultations with the Acting Director, Office of Export
    Enforcement, I have decided to deny Lee permission to apply for or use
    any license, including any License Exception, issued pursuant to, or
    provided by, the Act and the Regulations, for a period of 10 years from
    the date of his conviction. The 10-year period ends on January 14,
    2008. I have also decided to revoke all licenses issued pursuant to the
    Act in which Lee had an interest at the time of his conviction.
        Accordingly, it is hereby ordered:
        I. Until January 14, 2008, James Lee, also known as Li Jin, 410
    Auburn Way, No. 34, San Jose, California 95129, 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, or in any other activity 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 in any other
    activity subject to the Regulations; or
        C. Benefiting 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 in any other activity subject to the Regulations.
        II. No person may do, directly or indirectly, any of the following:
        A. Export or reexport 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 a 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 a 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.

    [[Page 19896]]

        III. After notice and opportunity for comment as provided in
    Section 766.23 of the Regulations, any person, firm, corporation, or
    business organization related to Lee by affiliation, ownership,
    control, or position of responsibility in the conduct of trade or
    related services may also be subject to the provisions of this Order.
        IV. This Order does not prohibit any export, reexport, or other
    transaction subject to the Regulations where the only items involved
    that are subject to the Regulations are the foreign-produced direct
    product of U.S.-origin technology.
        V. This Order is effective immediately and shall remain in effect
    until January 14, 2008.
        VI. A copy of this Order shall be delivered to Lee. This Order
    shall be published in the Federal Register.

        Dated: April 6, 1998.
    Eileen M. Albanese,
    Director, Office of Exporter Services.
    [FR Doc. 98-10695 Filed 4-21-98; 8:45 am]
    BILLING CODE 3510-DT-M

    -------------------------------------------------------------------------

    [Federal Register: April 22, 1998 (Volume 63, Number 77)]
    [Notices]
    [Page 19896-19897]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr22ap98-48]

    -----------------------------------------------------------------------

    DEPARTMENT OF COMMERCE

    Bureau of Export Administration

    Action Affecting Export Privileges; Penny Ray, Also Known as Lei
    Ping; Order Denying Permission To Apply for or Use Export Licenses

        In the Matter of: Penny Ray, also known as Lei Ping, 7100
    Rainbow Drive #30, San Jose, California 95129.

        On January 14, 1998, Penny Ray, also known as Lei Ping (Ray), was
    convicted in the United States District Court for the Northern District
    of California of violating Section 38 of the Arms Export Control Act
    (currently codified at 22 U.S.C.A. 2778 (1990 & Supp. 1998)) (the
    AECA). Specifically, Ray was convicted of knowingly and willfully
    exporting and attempting to export defense articles to the People's
    Republic of China without obtaining the required export license from
    the Department of State.
        Section 11(h) of the Export Administration Act of 1979, as amended
    (currently codified at 50 U.S.C.A. app. sections 2401-2420 (1991 &
    Supp. 1997)) (the Act),\1\ provides that, at the discretion of the
    Secretary of Commerce,\2\ no person convicted of violating the AECA, or
    certain other provisions of the United States Code, shall be eligible
    to apply for or use any license, including any License Exception,
    issued pursuant to, or provided by, the Act or the Export
    Administration Regulations (currently codified at 15 CFR Parts 730-774
    (1997)) (the Regulations) for a period of up to 10 years from the date
    of the conviction. In addition, any license issued pursuant to the Act
    in which such a person had any interest at the time of conviction may
    be revoked.
    ---------------------------------------------------------------------------

        \1\ The Act expired on August 20, 1994. Executive Order 12924 (3
    CFR, 1994 Comp. 917 (1995)), extended by Presidential Notices of
    August 15, 1995 (3 CFR, 1995 Comp. 501 (1996)), August 14, 1996 (3
    CFR, 1996 Comp. 298 (1997)), and August 13, 1997 (62 FR 43629,
    August 15, 1997), continued the Export Administration Regulations in
    effect under the International Emergency Economic Powers Act (50
    U.S.C.A. sections 1701-1706 (1991 & Supp. 1998)).
        \2\ Pursuant to appropriate delegations of authority, the
    Director, Office of Exporter Services, in consultation with the
    Director, Office of Export Enforcement, exercises the authority
    granted to the Secretary by Section 11(h) of the Act.
    ---------------------------------------------------------------------------

        Pursuant to Sections 766.25 and 750.8(a) of the Regulations, upon
    notification that a person has been convicted of violating the AECA,
    the Director, Office of Exporter Services, in consultation with the
    Director, Office of Export Enforcement, shall determine whether to deny
    that person permission to apply for or use any license, including any
    License Exception, issued pursuant to, or provided by, the Act or the
    Regulations, and shall also determine whether to revoke any license
    previously issued to such a person.
        Having received notice of Ray's conviction for violating the AECA,
    and following consultations with the Acting Director, Office of Export
    Enforcement, I have decided to deny Ray permission to apply for or use
    any license, including any License Exception, issued pursuant to, or
    provided by, the Act and the Regulations, for a period of 10 years from
    the date of her conviction. The 10-year period ends on January 14,
    2008. I have also decided to revoke all licenses issued pursuant to the
    Act in which Ray had an interest at the time of her conviction.
        Accordingly, it is hereby ordered
        I. Until January 14, 2008, Penny Ray, also known as Lei Ping, 7100
    Rainbow Drive #30, San Jose, California 95219, 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, or in any other activity 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 in any other
    activity subject to the Regulations; or
        C. Benefiting 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 in any other activity subject to the Regulations.
        II. No person may do, directly or indirectly, any of the following:
        A. Export or reexport 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 a 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 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.
        III. After notice and opportunity for comment as provided in
    Section 766.23 of the Regulations, any person, firm, corporation, or
    business organization related to Ray by affiliation, ownership,
    control, or position of responsibility in the conduct of trade or
    related services may also be subject to the provisions of this Order.
        IV. This Order does not prohibit any export, reexport, or other
    transaction

    [[Page 19897]]

    subject to the Regulations where the only items involved that are
    subject to the Regulations are the foreign-producted direct product of
    U.S.-origin technology.
        V. This Order is effective immediately and shall remain in effect
    until January 14, 2008.
        VI. A copy of this Order shall be delivered to Ray. This Order
    shall be published in the Federal Register.

        Dated: April 6, 1998
    Eileen M. Albanese,
    Director, Office of Exporter Services.
    [FR Doc. 98-10694 Filed 4-21-98; 8:45 am]
    BILLING CODE 3510-DT-M