82_FR_39264 82 FR 39106 - In the Matter of: Wenxia Man, a/k/a Wency Man, Inmate Number: 50772-298, FCI Dublin, 5701 8th Street-Camp Parks, Dublin, CA 94568

82 FR 39106 - In the Matter of: Wenxia Man, a/k/a Wency Man, Inmate Number: 50772-298, FCI Dublin, 5701 8th Street-Camp Parks, Dublin, CA 94568

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 158 (August 17, 2017)

Page Range39106-39107
FR Document2017-17372

Federal Register, Volume 82 Issue 158 (Thursday, August 17, 2017) 
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Notices]
[Pages 39106-39107]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17372]


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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Wenxia Man, a/k/a Wency Man, Inmate Number: 
50772-298, FCI Dublin, 5701 8th Street--Camp Parks, Dublin, CA 94568

Order Denying Export Privileges

    On August 19, 2016, in the U.S. District Court for the Southern 
District of Florida, Wenxia Man, a/k/a Wency Man (``Wenxia Man''), was 
convicted of violating Section 38 of the Arms Export Control Act (22 
U.S.C. 2778 (2012)) (``AECA''). Specifically, Wenxia Man was convicted 
of knowingly and willfully conspiring to export and cause

[[Page 39107]]

the export from the United States to the People's Republic of China of 
defense articles designated on the United States Munitions List, 
namely, fighter jet engines and an unmanned aerial vehicle, without the 
required U.S. Department of State licenses. Wenxia Man was sentenced to 
50 months in prison, two years of supervised release, and a $100 
assessment.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director 
of the Office of Exporter Services, in consultation with the Director 
of the Office of Export Enforcement, may deny the export privileges of 
any person who has been convicted of a violation of the EAA [Export 
Administration Act], the EAR, or any order, license, or authorization 
issued thereunder; any regulation, license or order issued under the 
International Emergency Economic Powers Act (50 U.S.C. 1701-1706); 18 
U.S.C. 793, 794 or 798; section 4(b) of the Internal Security Act of 
1950 (50 U.S.C. 783(b)); or section 38 of the Arms Export Control Act 
(22 U.S.C. 2778).'' 15 CFR 766.25(a); see also Section 11(h) of the 
EAA, 50 U.S.C. 4610(h). The denial of export privileges under this 
provision may be for a period of up to 10 years from the date of the 
conviction. 15 CFR 766.25(d); see also 50 U.S.C. 4610(h). In addition, 
Section 750.8 of the Regulations states that the Bureau of Industry and 
Security's Office of Exporter Services may revoke any Bureau of 
Industry and Security (``BIS'') licenses previously issued pursuant to 
the Export Administration Act (``EAA'' or ``the Act'') or the 
Regulations in which the person had an interest at the time of her 
conviction.
---------------------------------------------------------------------------

    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2017). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. 4601-
4623 (Supp. III 2015) (available at http://uscode.house.gov)) 
(``EAA'' or ``the Act''). 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)), which has been extended by 
successive Presidential Notices, the most recent being that of 
August 4, 2016 (81 FR 52,587 (Aug. 8, 2016)), has continued the 
Regulations in effect under the International Emergency Economic 
Powers Act (50 U.S.C. 1701, et seq. (2012)).
---------------------------------------------------------------------------

    BIS has received notice of Wenxia Man's conviction for violating 
the AECA, and has provided notice and an opportunity for Wenxia Man to 
make a written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Wenxia Man.
    Based upon my review and consultations with BIS's Office of Export 
Enforcement, including its Director, and the facts available to BIS, I 
have decided to deny Wenxia Man's export privileges under the 
Regulations for a period of 10 years from the date of Wenxia Man's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Wenxia Man had an interest at the 
time of her conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until August 19, 2026, Wenxia 
Man, a/k/a Wency Man, with a last known address of Inmate Number: 
50772-298, FCI Dublin, 5701 8th Street--Camp Parks, Dublin, CA 94568, 
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 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.
    Third, after notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to Wenxia Man 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, Wenxia Man 
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 Wenxia Man and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until August 19, 2026.

    Issued: August 10, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-17372 Filed 8-16-17; 8:45 am]
BILLING CODE P

39106 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices temporary denial order (‘‘TDO’’) that the Zadeh, a/k/a Mita Zarek, a/k/a Mita intended to be, exported from the Bureau of Industry and Security (‘‘BIS’’) Zadeh, currently incarcerated at Inmate United States; or had issued. The named respondents Number: 43594–013, Rivers Correctional E. Engage in any transaction to service under the TDO included, among other Institution, P.O. Box 630, Winton, NC any item subject to the Regulations that parties, Zadeh (under his ‘‘Mita Zarek’’ 27986, and with prior known addresses has been or will be exported from the alias) and Lavantia, Ltd., a Nicosia, of 16 Kyraikou Matsi Ave, 3rd Floor, United States and which is owned, Cyprus company that Zadeh owned 1082 Nicosia, Cyprus, and Strovolou 77, possessed or controlled by the Denied and/or controlled. Zadeh was sentenced Strovolos Center Suite 202, Strovolos Person, or service any item, of whatever to 18 months in prison, 12 months of P.C. 2018, Nicosia, Cyprus, and P.O. origin, that is owned, possessed or supervised release, and a special Box 23973, 1687 Nicosia, Cyprus, and controlled by the Denied Person if such assessment of $100.00. Additionally, when acting for or on his behalf, his service involves the use of any item Zadeh forfeited $69,159. successors, assigns, employees, agents subject to the Regulations that has been Section 766.25 of the Regulations or representatives (the ‘‘Denied or will be exported from the United provides, in pertinent part, that ‘‘[t]he Person’’), may not, directly or indirectly, States. For purposes of this paragraph, Director of the Office of Exporter participate in any way in any servicing means installation, Services, in consultation with the transaction involving any commodity, maintenance, repair, modification or Director of the Office of Export software or technology (hereinafter testing. Enforcement, may deny the export collectively referred to as ‘‘item’’) Third, after notice and opportunity for privileges of any person who has been exported or to be exported from the comment as provided in Section 766.23 convicted of a violation of the EAA United States that is subject to the of the Regulations, any other person, [Export Administration Act], the EAR, Regulations, including, but not limited firm, corporation, or business or any order, license, or authorization to: organization related to Zadeh by issued thereunder; any regulation, A. Applying for, obtaining, or using ownership, control, position of license or order issued under the any license, license exception, or export responsibility, affiliation, or other International Emergency Economic control document; connection in the conduct of trade or Powers Act (50 U.S.C. 1701–1706); 18 business may also be made subject to B. Carrying on negotiations U.S.C. 793, 794 or 798; section 4(b) of the provisions of this Order in order to concerning, or ordering, buying, the Internal Security Act of 1950 (50 prevent evasion of this Order. receiving, using, selling, delivering, Fourth, in accordance with Part 756 of U.S.C. 783(b)); or section 38 of the Arms storing, disposing of, forwarding, Export Control Act (22 U.S.C. 2778).’’ 15 the Regulations, Zadeh may file an transporting, financing, or otherwise appeal of this Order with the Under CFR 766.25(a); see also Section 11(h) of servicing in any way, any transaction the EAA, 50 U.S.C. 4610(h). The denial Secretary of Commerce for Industry and involving any item exported or to be Security. The appeal must be filed of export privileges under this provision exported from the United States that is may be for a period of up to 10 years within 45 days from the date of this subject to the Regulations, or engaging Order and must comply with the from the date of the conviction. 15 CFR in any other activity subject to the provisions of Part 756 of the 766.25(d); see also 50 U.S.C. 4610(h). In Regulations; or Regulations. addition, Section 750.8 of the C. Benefitting in any way from any Fifth, a copy of this Order shall be Regulations states that BIS’s Office of transaction involving any item exported delivered to Zadeh and shall be Exporter Services may revoke any BIS or to be exported from the United States published in the Federal Register. licenses previously issued pursuant to the Export Administration Act (‘‘EAA’’ that is subject to the Regulations, or Sixth, this Order is effective or ‘‘the Act’’) or the Regulations in from any other activity subject to the immediately and shall remain in effect which the person had an interest at the Regulations. until December 14, 2026. time of his conviction. Second, no person may, directly or Issued: August 10, 2017. BIS has received notice of Zadeh’s indirectly, do any of the following: Karen H. Nies-Vogel, conviction for violating IEEPA, and has A. Export or reexport to or on behalf of the Denied Person any item subject to Director, Office of Exporter Services. provided notice and an opportunity for [FR Doc. 2017–17369 Filed 8–16–17; 8:45 am] Zadeh to make a written submission to the Regulations; BIS, as provided in Section 766.25 of B. Take any action that facilitates the BILLING CODE P the Regulations. BIS has received a acquisition or attempted acquisition by seven-page submission from Zadeh, via the Denied Person of the ownership, possession or control of any item subject DEPARTMENT OF COMMERCE his U.S. counsel. Based upon my review, including of to the Regulations that has been or will Bureau of Industry and Security Zadeh’s submission, and my be exported from the United States, consultations with BIS’s Office of including financing or other support In the Matter of: Wenxia Man, a/k/a Export Enforcement, including its activities related to a transaction Wency Man, Inmate Number: 50772– Director, and the facts available to BIS, whereby the Denied Person acquires or 298, FCI Dublin, 5701 8th Street—Camp I have decided to deny Zadeh’s export attempts to acquire such ownership, Parks, Dublin, CA 94568 privileges under the Regulations for a possession or control; C. Take any action to acquire from or Order Denying Export Privileges period of ten (10) years from the date of Zadeh’s conviction. I have also decided to facilitate the acquisition or attempted On August 19, 2016, in the U.S. acquisition from the Denied Person of District Court for the Southern District sradovich on DSK3GMQ082PROD with NOTICES to revoke all licenses issued pursuant to the Act or Regulations in which Zadeh any item subject to the Regulations that of Florida, Wenxia Man, a/k/a Wency had an interest at the time of his has been exported from the United Man (‘‘Wenxia Man’’), was convicted of conviction. States; violating Section 38 of the Arms Export Accordingly, it is hereby ordered: D. Obtain from the Denied Person in Control Act (22 U.S.C. 2778 (2012)) First, from the date of this Order until the United States any item subject to the (‘‘AECA’’). Specifically, Wenxia Man December 14, 2026, Mansour Regulations with knowledge or reason was convicted of knowingly and Moghtaderi Zadeh, a/k/a Mansour to know that the item will be, or is willfully conspiring to export and cause VerDate Sep<11>2014 19:44 Aug 16, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1

Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices 39107 the export from the United States to the Director, and the facts available to BIS, D. Obtain from the Denied Person in People’s Republic of China of defense I have decided to deny Wenxia Man’s the United States any item subject to the articles designated on the United States export privileges under the Regulations Regulations with knowledge or reason Munitions List, namely, fighter jet for a period of 10 years from the date of to know that the item will be, or is engines and an unmanned aerial Wenxia Man’s conviction. I have also intended to be, exported from the vehicle, without the required U.S. decided to revoke all licenses issued United States; or Department of State licenses. Wenxia pursuant to the Act or Regulations in E. Engage in any transaction to service Man was sentenced to 50 months in which Wenxia Man had an interest at any item subject to the Regulations that prison, two years of supervised release, the time of her conviction. has been or will be exported from the and a $100 assessment. Accordingly, it is hereby ordered: United States and which is owned, Section 766.25 of the Export First, from the date of this Order until possessed or controlled by the Denied Administration Regulations (‘‘EAR’’ or August 19, 2026, Wenxia Man, a/k/a Person, or service any item, of whatever ‘‘Regulations’’) 1 provides, in pertinent Wency Man, with a last known address origin, that is owned, possessed or part, that ‘‘[t]he Director of the Office of of Inmate Number: 50772–298, FCI controlled by the Denied Person if such Exporter Services, in consultation with Dublin, 5701 8th Street—Camp Parks, service involves the use of any item the Director of the Office of Export Dublin, CA 94568, and when acting for subject to the Regulations that has been Enforcement, may deny the export or on her behalf, her successors, assigns, or will be exported from the United privileges of any person who has been employees, agents or representatives States. For purposes of this paragraph, convicted of a violation of the EAA (the ‘‘Denied Person’’), may not, directly servicing means installation, [Export Administration Act], the EAR, or indirectly, participate in any way in maintenance, repair, modification or or any order, license, or authorization any transaction involving any testing. issued thereunder; any regulation, commodity, software or technology Third, after notice and opportunity for license or order issued under the (hereinafter collectively referred to as comment as provided in Section 766.23 International Emergency Economic ‘‘item’’) exported or to be exported from of the Regulations, any other person, Powers Act (50 U.S.C. 1701–1706); 18 the United States that is subject to the firm, corporation, or business U.S.C. 793, 794 or 798; section 4(b) of Regulations, including, but not limited organization related to Wenxia Man by the Internal Security Act of 1950 (50 to: ownership, control, position of U.S.C. 783(b)); or section 38 of the Arms A. Applying for, obtaining, or using responsibility, affiliation, or other Export Control Act (22 U.S.C. 2778).’’ 15 any license, license exception, or export connection in the conduct of trade or CFR 766.25(a); see also Section 11(h) of control document; business may also be made subject to the EAA, 50 U.S.C. 4610(h). The denial B. Carrying on negotiations the provisions of this Order in order to of export privileges under this provision concerning, or ordering, buying, prevent evasion of this Order. may be for a period of up to 10 years receiving, using, selling, delivering, Fourth, in accordance with Part 756 of from the date of the conviction. 15 CFR storing, disposing of, forwarding, the Regulations, Wenxia Man may file 766.25(d); see also 50 U.S.C. 4610(h). In transporting, financing, or otherwise an appeal of this Order with the Under addition, Section 750.8 of the servicing in any way, any transaction Secretary of Commerce for Industry and Regulations states that the Bureau of involving any item exported or to be Security. The appeal must be filed Industry and Security’s Office of exported from the United States that is within 45 days from the date of this Exporter Services may revoke any subject to the Regulations, or engaging Order and must comply with the Bureau of Industry and Security (‘‘BIS’’) in any other activity subject to the provisions of Part 756 of the licenses previously issued pursuant to Regulations; or Regulations. the Export Administration Act (‘‘EAA’’ C. Benefitting in any way from any Fifth, a copy of this Order shall be or ‘‘the Act’’) or the Regulations in transaction involving any item exported delivered to Wenxia Man and shall be which the person had an interest at the or to be exported from the United States published in the Federal Register. time of her conviction. that is subject to the Regulations, or Sixth, this Order is effective BIS has received notice of Wenxia from any other activity subject to the immediately and shall remain in effect Man’s conviction for violating the Regulations. until August 19, 2026. AECA, and has provided notice and an Second, no person may, directly or Issued: August 10, 2017. opportunity for Wenxia Man to make a indirectly, do any of the following: Karen H. Nies-Vogel, written submission to BIS, as provided A. Export or reexport to or on behalf Director, Office of Exporter Services. in Section 766.25 of the Regulations. of the Denied Person any item subject to [FR Doc. 2017–17372 Filed 8–16–17; 8:45 am] BIS has not received a submission from the Regulations; BILLING CODE P Wenxia Man. B. Take any action that facilitates the Based upon my review and acquisition or attempted acquisition by consultations with BIS’s Office of the Denied Person of the ownership, DEPARTMENT OF COMMERCE Export Enforcement, including its possession or control of any item subject to the Regulations that has been or will Bureau of Industry and Security 1 The Regulations are currently codified in the be exported from the United States, Code of Federal Regulations at 15 CFR parts 730– including financing or other support In the Matter of: Yasser Ahmad Obeid, 774 (2017). The Regulations issued pursuant to the Export Administration Act (50 U.S.C. 4601–4623 activities related to a transaction Inmate Number: 60923–018, FCI Yazoo (Supp. III 2015) (available at http:// whereby the Denied Person acquires or City Medium, Federal Correctional sradovich on DSK3GMQ082PROD with NOTICES uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since attempts to acquire such ownership, Institution, P.O. Box 5888, Yazoo City, August 21, 2001, the Act has been in lapse and the President, through Executive Order 13222 of August possession or control; MS 39194 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which C. Take any action to acquire from or has been extended by successive Presidential to facilitate the acquisition or attempted Order Denying Export Privileges Notices, the most recent being that of August 4, acquisition from the Denied Person of On December 17, 2014, in the U.S. 2016 (81 FR 52,587 (Aug. 8, 2016)), has continued the Regulations in effect under the International any item subject to the Regulations that District Court for the Middle District of Emergency Economic Powers Act (50 U.S.C. 1701, has been exported from the United Florida, Tampa Division, Yasser Ahmad et seq. (2012)). States; Obeid (‘‘Obeid’’) was convicted of VerDate Sep<11>2014 19:44 Aug 16, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1


Document Created: 2017-08-17 01:43:09
Document Modified: 2017-08-17 01:43:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 39106 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR