# Action Affecting Export Privileges; Bing Sun

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A02-25742

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** October 10, 2002
- **Citation:** 67 FR 63075

## Text

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

Action Affecting Export Privileges; Bing Sun

In the Matter of: Bing Sun, currently incarcerated at Seymour
Johnson Federal prison Camp, 51583-083, Goldsboro, North
Carolina 27533, and with an address at 14026 Ticonderoga Court,
Fontana, California 92336.

Order denying Export Privileges

On December 18, 2000, a U.S. District Count in the Eastern District
of Virginia convicted Bing 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 Bing 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

[[Page 63076]]

license or written authorization for such export.
Section 11(h) of the Export Administration act of 1979, as amended
(currently codified at 5 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 of 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''). 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
dare of conviction and shall also determine whether to revoke any
license previously issued to such a person.
Having received notice of Bing Sun's conviction for violating the
AECA, and after providing notice and an opportunity for Bing Sun to
make a written submission to the Bureau of Industry and Security before
issuing an Order denying his 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 Bing Sun's
export privileges for a period of 10 years from the date of his
conviction. The 10-year period ends on December 18, 2010. I have also
decided to revoke all licenses issued pursuant to the Act in which Bing
Sun had an interest at the time of his conviction.
Accordingly, it is hereby--

Ordered

I. Until December 18, 2010, Bing Sun, currently incarcerated at
Seymour Johnson Federal Prison Camp, 51583-083, Goldsboro,
North Carolina 27533, 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. 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, 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 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 Bing 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, 2010.
VI. In accordance with Part 756 of the Regulations, Bing 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 Bing Sun. This
Order shall be published in the Federal Register.

Dated: October 4, 2002.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 02-25742 Filed 10-9-02; 8:45 am]
BILLING CODE 3510-DT-M

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A02-25742. Public record. Not legal advice.