Action Affecting Export Privileges; Patte Sun

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

Action Affecting Export Privileges; Patte Sun

In the Matter of: Patte Sun, currently incarcerated at Alderson

Federal Prison Camp 16012-111, Alderson, West Virginia

24910, and with an address at 14026 Ticonderoga Court, Fontana,

California 92336.

[[Page 63077]]

Order Denying Export Privileges

On December 18, 2000, a U.S. District Court in the Eastern District

of Virginia convicted Patte Sun of violating section 38 of the Arms

Export Control Act (22 U.S.C. 2778 (1994 & Supp. V 1999)) (``AECA'').

Specifically, the Court found that Patte Sun knowingly and willfully

attempted to export defense articles on the United States Munitions

List, from the United States to the People's Republic of China, without

having first obtained from the Department of State a license or written

authorization for such export.

Section 11(h) of the Export Administration Act of 1979, as amended

(currently codified at 50 U.S.C. app. 2401-2420 (1994 & Supp. V 1999))

(``Act'')\1\ provides that, at the discretion of the Secretary of

Commerce,\2\ no person convicted of violating any of a number of

federal criminal statutes including the AECA shall be eligible to apply

for or use any export license issued pursuant to, or provided by, the

Act or the Export Administration Regulations (currently codified at 15

CFR Parts 730-774 (2002)) (``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\ From August 21, 1994 through November 12, 2000, the Act was

in lapse. During that period, the President, through Executive Order

12924, which had been extended by successive Presidential Notices,

the last of which was issued on August 3, 2000 (3 CFR, 2000 Comp.

397 (2001)), continued the Regulations in effect under the

International Emergency Economic Powers Act (50 U.S.C. 1701-1706

(1994 & Supp. V 1999)) (``IEEPA''). On November 13, 2000, the act

was reauthorized and it remained in effect through August 20, 2001.

Since August 21, 2001, the Act has been in lapse and the President,

through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp.

783 (2002)), as extended by the Notice of August 14, 2002 (67 FR

53721 (August 16, 2002)), has continued the Regulations in effect

under IEEPA.

\2\ Pursuant to appropriate delegations of authority that are

reflected in the Regulations, 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's export privileges for a period of up to 10 years from the

date of conviction and shall also determine whether to revoke any

license previously issued to such a person.

Having received notice of Patte Sun's conviction for violating the

AECA, and after providing notice and an opportunity for Patte Sun to

make a written submission to the Bureau of Industry and Security before

issuing an Order denying her export privileges, as provided in section

766.25 of the Regulations, I, following consultations with the

Director, Office of Export Enforcement, have decided to deny Patte

Sun's export privileges for a period of eight years from the date of

her conviction. The eight-year period ends on December 18, 2008. I have

also decided to revoke all licenses issued pursuant to the Act in which

Patte Sun had an interest at the time of her conviction.

Accordingly, it is hereby--

Ordered

I. Until December 18, 2008, Patte Sun, currently incarcerated at

Alderson Federal Prison Camp, 16012-111, Alderson, West

Virginia 24910, and with an address at 14026 Ticonderoga Court,

Fontana, California 92336, (``the denied person'') and, when acting in

behalf of it, all of its successors or assigns, officers,

representatives, agent and employees, 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. 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 in any other activity subject to the Regulations.

II. No person may, directly or indirectly, do 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 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 ow 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 Patte Sun 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 December 18, 2008.

VI. In accordance with Part 756 of the Regulations, Patte Sun may

file an appeal from this Order with the Under Secretary 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.

VII. A copy of this Order shall be delivered to Patte Sun. This

Order shall be published in the Federal Register.

[[Page 63078]]

Dated: October 4, 2002.

Eileen M. Albanese,

Director, Office of Exporter Services.

[FR Doc. 02-25740 Filed 10-9-02; 8:45 am]

BILLING CODE 3510-DT-M