82 FR 46480 - In the Matter of: Mark Henry (a/k/a Weida Zheng, a/k/a Scott Russel, a/k/a Bob Wilson, a/k/a Joanna Zhong), Inmate Number: 75602-053, FCI Schuylkill, Federal Correctional Institution, Satellite Camp, P.O. Box 670, Minersville, PA 17954; Respondent; Dahua Electronics Corporation (a/k/a Bao An Corporation), 134-12 59th Avenue, Flushing, NY 11355, Related Person Order Denying Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 192 (October 5, 2017)

Page Range		46480-46481
FR Document		2017-21475
Federal Register, Volume 82 Issue 192 (Thursday, October 5, 2017)
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46480-46481]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21475]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Mark Henry (a/k/a Weida Zheng, a/k/a Scott 
Russel, a/k/a Bob Wilson, a/k/a Joanna Zhong), Inmate Number: 75602-
053, FCI Schuylkill, Federal Correctional Institution, Satellite Camp, 
P.O. Box 670, Minersville, PA 17954; Respondent; Dahua Electronics 
Corporation (a/k/a Bao An Corporation), 134-12 59th Avenue, Flushing, 
NY 11355, Related Person Order Denying Privileges

A. Denial of Export Privileges of Mark Henry, a/k/a Weida Zheng, a/k/a 
Scott Russel, a/k/a Bob Wilson, a/k/a Joanna Zhong

    On November 19, 2015, in the U.S. District Court for the Eastern 
District of New York, Mark Henry, a/k/a Weida Zheng, a/k/a Scott 
Russel, a/k/a Bob Wilson, a/k/a Joanna Zhong (``Henry''), was convicted 
of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Specifically, Henry was convicted of willfully and 
knowingly exporting, causing to be exported, and attempting to export 
from the United States to Taiwan defense articles listed on the United 
States Munitions List, specifically, ablative materials for use, among 
other things, as a protective coating for rocket nozzles, without the 
required State Department license. Henry was sentenced to 78 months in 
prison for violating Sections 38(b)(2) and (c) of the AECA, along with 
three years of supervised release and a $200 assessment.\1\
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    \1\ Henry also was convicted of a second count, specifically, 
conspiracy in violation of 18 U.S.C. Section 371. He was sentenced 
on this count to 60 months in prison and three years of supervision 
release. His sentence on this count runs concurrently with his 
sentence, disused in the text above, for violating Section 38 of the 
AECA.
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    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 of 1979], 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 ten (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 (``BIS'')'s Office of Exporter 
Services may revoke any BIS licenses previously issued pursuant to the 
EAA or the Regulations in which the person had an interest at the time 
of his/her conviction.
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    \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 of 1979 (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 15, 2017 (82 FR 39005 (Aug. 16, 2017)), has continued the 
Regulations in effect under the International Emergency Economic 
Powers Act (50 U.S.C. 1701, et seq. (2012)).
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    BIS received notice of Henry's conviction for violating Section 38 
of the AECA, and has provided notice and an opportunity for Henry to 
make a written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Henry. 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 Henry's export privileges under the Regulations for a period of 
ten (10) years from the date of Henry's conviction. I have also decided 
to revoke all licenses issued pursuant to the Act or Regulations in 
which Henry had an interest at the time of his conviction.

B. Denial of Export Privileges of Related Person Dahua Electronics 
Corporation, a/k/a Bao An Corporation

    Section 766.25(h) of the Regulations provides that the Director of 
BIS's Office of Exporter Services, in consultation with the Director of 
BIS's Office of Export Enforcement, may take action in accordance with 
Section 766.23 of the Regulations to make applicable to related persons 
a denial order that is being sought or has issued under Section 766.25. 
Section 766.23 provides, in turn, that in order to prevent evasion of a 
denial order issued pursuant to Part 766 of the Regulations, including 
pursuant to Section 766.25, the denial order made be made applicable 
not only to the respondent, but also to other persons related to the 
respondent by ownership, control, position of responsibility, 
affiliation, or other connection in the conduct of trade or business.
    As provided in Section 766.23, BIS gave notice to Dahua Electronics 
Corporation a/k/a Bao An Corporation (``Dahua'') that it intended to 
deny Mark Henry's export privileges pursuant to Section 766.25 for a 
period of up to ten (10) years from the date of his conviction and 
intended to make that denial order applicable to Dahua pursuant to 
Sections 766.25 and 766.23.\2\ BIS also provided notice that it has 
reason to believe that Dahua is related to Henry as set forth in 
Section 766.23, that is, by ownership, control, position of 
responsibility, affiliation, or other connection in the conduct of 
trade or business, and reason to believe that naming Dahua as a person 
related to Henry would be necessary to prevent evasion of a denial 
order imposed against Henry. BIS gave Dahua an opportunity to oppose 
its addition as a related party by informing Dahua that it could make a 
written submission describing why Dahua is not related to Henry or why 
a denial order against Henry should not be applied to Dahua.
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    \2\ BIS provided notice to Dahua via Henry.
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    Having received no submission from or on behalf of Dahua, I have 
decided, following consultations with BIS's Office of Export 
Enforcement, including its Director, to name Dahua as a Related Person 
and make this Denial Order applicable to Dahua, thereby denying its 
export privileges for ten (10) years from the date of Henry's 
conviction, that is, until November 19, 2025. I have also decided to 
revoke all licenses issued pursuant to the Act or Regulations in which 
Dahua had an interest at the time of Henry's conviction.

[[Page 46481]]

    Dahua was incorporated in New York State, and remains listed there 
as an active corporation. Henry, a naturalized U.S. citizen born in 
China, operated Dahua out of his residence in Flushing, New York, and 
is believed to own Dahua. He used Dahua to purchase various items from 
companies located in the United States, including tools, machine parts, 
materials used in machinery, and industrial chemicals, for export to 
end users or customers located in Asia, including China and Taiwan. 
Operating through Dahua, Henry received requests for products from 
customers located overseas and solicited orders for those products from 
suppliers and manufacturers located in the United States, including in 
connection with the violation of the AECA for which he was convicted. 
Thus, I find that Dahua is related to Henry within the meaning of 
Section 766.23, and that Dahua should be added as a related person to 
prevent evasion of this order.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until November 19, 2025, Mark 
Henry, a/k/a Weida Zheng, a/k/a Scott Russel, a/k/a Bob Wilson, a/k/a 
Joanna Zhong, with a last known address of FCI Schuylkill, Federal 
Correctional Institution, Satellite Camp, P.O. Box 670, Minersville, PA 
17954, and when acting for or on his behalf, his successors, assigns, 
employees, agents, or representatives, and Dahua Electronics 
Corporation, a/k/a Bao An Corporation, with a last known address of 
134-12 59th Avenue, Flushing, NY 11355, and when acting for or on its 
behalf, its successors, assigns, directors, officers, employees, 
agents, or representatives (each ``a Denied Person'' and collectively 
``the Denied Persons'') 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 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 a 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 a Denied Person of any item subject to 
the Regulations that has been exported from the United States;
    D. Obtain from a 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 a Denied Person, or 
service any item, of whatever origin, that is owned, possessed or 
controlled by a 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, in addition to the Related Person named above, after notice 
and opportunity for comment as provided in section 766.23 of the 
Regulations, any other individual, firm, corporation, or other 
association or organization or other person related to a Denied Person 
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 if necessary to prevent evasion 
of this Order.
    Fourth, in accordance with Part 756 and Section 766.25(g) of the 
Regulations, Henry may file an appeal of the issuance of this Order 
against him 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, in accordance with Part 756 and Section 766.23(c) of the 
Regulations, Dahua may file an appeal of its being named as a related 
person in this Order with the Under Secretary of Commerce for Industry 
and Security.\3\ This 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.
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    \3\ As set forth in Section 766.23(c), the only issues that may 
be raised in such an appeal are whether the person so named is 
related to the respondent and whether the order is justified in 
order to prevent evasion. Thus, Dahua may not appeal the issuance of 
the denial order against Henry.
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    Sixth, a copy of this Order shall be delivered to Henry and Dahua 
and shall be published in the Federal Register.
    Seventh, this Order is effective immediately and shall remain in 
effect until November 19, 2025.

     Issued this 28th day of September, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-21475 Filed 10-4-17; 8:45 am]
 BILLING CODE P
46480 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices

provisions of Part 756 of the ‘‘Regulations’’) 1 provides, in pertinent B. Denial of Export Privileges of Related
Regulations. part, that ‘‘[t]he Director of the Office of Person Dahua Electronics Corporation,
Fifth, a copy of this Order shall be Exporter Services, in consultation with a/k/a Bao An Corporation
delivered to the Hussain, and shall be the Director of the Office of Export
Section 766.25(h) of the Regulations
published in the Federal Register. Enforcement, may deny the export
provides that the Director of BIS’s Office
Sixth, this Order is effective privileges of any person who has been
of Exporter Services, in consultation
immediately and shall remain in effect convicted of a violation of the EAA with the Director of BIS’s Office of
until October 3, 2026. [Export Administration Act of 1979], the Export Enforcement, may take action in
EAR, or any order, license or accordance with Section 766.23 of the
Issued this 28th day of September, 2017.
authorization issued thereunder; any Regulations to make applicable to
Karen H. Nies-Vogel,
regulation, license, or order issued related persons a denial order that is
Director, Office of Exporter Services. under the International Emergency being sought or has issued under
[FR Doc. 2017–21476 Filed 10–4–17; 8:45 am] Economic Powers Act (50 U.S.C. 1701– Section 766.25. Section 766.23 provides,
BILLING CODE P 1706); 18 U.S.C. 793, 794 or 798; section in turn, that in order to prevent evasion
4(b) of the Internal Security Act of 1950 of a denial order issued pursuant to Part
(50 U.S.C. 783(b)), or section 38 of the 766 of the Regulations, including
DEPARTMENT OF COMMERCE
Arms Export Control Act (22 U.S.C. pursuant to Section 766.25, the denial
Bureau of Industry and Security 2778).’’ 15 CFR 766.25(a); see also order made be made applicable not only
Section 11(h) of the EAA, 50 U.S.C. to the respondent, but also to other
In the Matter of: Mark Henry (a/k/a 4610(h). The denial of export privileges persons related to the respondent by
Weida Zheng, a/k/a Scott Russel, a/k/a under this provision may be for a period ownership, control, position of
Bob Wilson, a/k/a Joanna Zhong), of up to ten (10) years from the date of responsibility, affiliation, or other
Inmate Number: 75602–053, FCI the conviction. 15 CFR 766.25(d); see connection in the conduct of trade or
Schuylkill, Federal Correctional also 50 U.S.C. 4610(h). In addition, business.
Institution, Satellite Camp, P.O. Box Section 750.8 of the Regulations states As provided in Section 766.23, BIS
670, Minersville, PA 17954; that the Bureau of Industry and Security gave notice to Dahua Electronics
Respondent; Dahua Electronics (‘‘BIS’’)’s Office of Exporter Services Corporation a/k/a Bao An Corporation
Corporation (a/k/a Bao An may revoke any BIS licenses previously (‘‘Dahua’’) that it intended to deny Mark
Corporation), 134–12 59th Avenue, issued pursuant to the EAA or the Henry’s export privileges pursuant to
Flushing, NY 11355, Related Person Section 766.25 for a period of up to ten
Regulations in which the person had an
Order Denying Privileges (10) years from the date of his
interest at the time of his/her
A. Denial of Export Privileges of Mark conviction. conviction and intended to make that
Henry, a/k/a Weida Zheng, a/k/a Scott denial order applicable to Dahua
BIS received notice of Henry’s pursuant to Sections 766.25 and
Russel, a/k/a Bob Wilson, a/k/a Joanna conviction for violating Section 38 of
Zhong 766.23.2 BIS also provided notice that it
the AECA, and has provided notice and has reason to believe that Dahua is
On November 19, 2015, in the U.S. an opportunity for Henry to make a related to Henry as set forth in Section
District Court for the Eastern District of written submission to BIS, as provided 766.23, that is, by ownership, control,
New York, Mark Henry, a/k/a Weida in Section 766.25 of the Regulations. position of responsibility, affiliation, or
Zheng, a/k/a Scott Russel, a/k/a Bob BIS has not received a submission from other connection in the conduct of trade
Wilson, a/k/a Joanna Zhong (‘‘Henry’’), Henry. Based upon my review and or business, and reason to believe that
was convicted of violating Section 38 of consultations with BIS’s Office of naming Dahua as a person related to
the Arms Export Control Act (22 U.S.C. Export Enforcement, including its Henry would be necessary to prevent
2778 (2012)) (‘‘AECA’’). Specifically, Director, and the facts available to BIS, evasion of a denial order imposed
Henry was convicted of willfully and I have decided to deny Henry’s export against Henry. BIS gave Dahua an
knowingly exporting, causing to be privileges under the Regulations for a opportunity to oppose its addition as a
exported, and attempting to export from period of ten (10) years from the date of related party by informing Dahua that it
the United States to Taiwan defense Henry’s conviction. I have also decided could make a written submission
articles listed on the United States to revoke all licenses issued pursuant to describing why Dahua is not related to
Munitions List, specifically, ablative the Act or Regulations in which Henry Henry or why a denial order against
materials for use, among other things, as had an interest at the time of his Henry should not be applied to Dahua.
a protective coating for rocket nozzles, conviction. Having received no submission from
without the required State Department or on behalf of Dahua, I have decided,
license. Henry was sentenced to 78 following consultations with BIS’s
months in prison for violating Sections 1 The Regulations are currently codified in the
Office of Export Enforcement, including
38(b)(2) and (c) of the AECA, along with Code of Federal Regulations at 15 CFR parts 730– its Director, to name Dahua as a Related
774 (2017). The Regulations issued pursuant to the
three years of supervised release and a Person and make this Denial Order
Export Administration Act of 1979 (50 U.S.C. 4601–
$200 assessment.1 4623 (Supp. III 2015) (available at http:// applicable to Dahua, thereby denying its
Section 766.25 of the Export uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since export privileges for ten (10) years from
Administration Regulations (‘‘EAR’’ or August 21, 2001, the Act has been in lapse and the the date of Henry’s conviction, that is,
ethrower on DSK3G9T082PROD with NOTICES

President, through Executive Order 13222 of August until November 19, 2025. I have also
1 Henry also was convicted of a second count,
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which decided to revoke all licenses issued
has been extended by successive Presidential pursuant to the Act or Regulations in
specifically, conspiracy in violation of 18 U.S.C.
Notices, the most recent being that of August 15,
Section 371. He was sentenced on this count to 60 which Dahua had an interest at the time
months in prison and three years of supervision 2017 (82 FR 39005 (Aug. 16, 2017)), has continued
the Regulations in effect under the International of Henry’s conviction.
release. His sentence on this count runs
concurrently with his sentence, disused in the text Emergency Economic Powers Act (50 U.S.C. 1701,
above, for violating Section 38 of the AECA. et seq. (2012)). 2 BIS provided notice to Dahua via Henry.

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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices 46481

Dahua was incorporated in New York C. Benefitting in any way from any with the provisions of Part 756 of the
State, and remains listed there as an transaction involving any item exported Regulations.
active corporation. Henry, a naturalized or to be exported from the United States Fifth, in accordance with Part 756 and
U.S. citizen born in China, operated that is subject to the Regulations, or Section 766.23(c) of the Regulations,
Dahua out of his residence in Flushing, from any other activity subject to the Dahua may file an appeal of its being
New York, and is believed to own Regulations. named as a related person in this Order
Dahua. He used Dahua to purchase Second, no person may, directly or with the Under Secretary of Commerce
various items from companies located in indirectly, do any of the following: for Industry and Security.3 This appeal
the United States, including tools, A. Export or reexport to or on behalf must be filed within 45 days from the
machine parts, materials used in of a Denied Person any item subject to date of this Order and must comply
machinery, and industrial chemicals, for the Regulations; with the provisions of Part 756 of the
export to end users or customers located B. Take any action that facilitates the Regulations.
in Asia, including China and Taiwan. acquisition or attempted acquisition by Sixth, a copy of this Order shall be
Operating through Dahua, Henry a Denied Person of the ownership, delivered to Henry and Dahua and shall
received requests for products from possession, or control of any item be published in the Federal Register.
customers located overseas and solicited subject to the Regulations that has been Seventh, this Order is effective
orders for those products from suppliers or will be exported from the United immediately and shall remain in effect
and manufacturers located in the United States, including financing or other until November 19, 2025.
States, including in connection with the support activities related to a Issued this 28th day of September, 2017.
violation of the AECA for which he was transaction whereby a Denied Person
Karen H. Nies-Vogel,
convicted. Thus, I find that Dahua is acquires or attempts to acquire such
ownership, possession or control; Director, Office of Exporter Services.
related to Henry within the meaning of [FR Doc. 2017–21475 Filed 10–4–17; 8:45 am]
C. Take any action to acquire from or
Section 766.23, and that Dahua should
to facilitate the acquisition or attempted BILLING CODE P
be added as a related person to prevent
acquisition from a Denied Person of any
evasion of this order.
item subject to the Regulations that has
Accordingly, it is hereby ordered: DEPARTMENT OF COMMERCE
been exported from the United States;
First, from the date of this Order until D. Obtain from a Denied Person in the
November 19, 2025, Mark Henry, a/k/a Bureau of Industry and Security
United States any item subject to the
Weida Zheng, a/k/a Scott Russel, a/k/a Regulations with knowledge or reason
Bob Wilson, a/k/a Joanna Zhong, with a In the Matter of: Robert J. Shubert, Sr.,
to know that the item will be, or is Currently Incarcerated at: Inmate
last known address of FCI Schuylkill, intended to be, exported from the
Federal Correctional Institution, Number: 96749–020, FCI Coleman Low,
United States; or P.O. Box 1031, Coleman, FL 33521; and
Satellite Camp, P.O. Box 670, E. Engage in any transaction to service
Minersville, PA 17954, and when acting With a Prior Known Address at: 417
any item subject to the Regulations that Hedlund Drive, Warner Robbins, GA
for or on his behalf, his successors, has been or will be exported from the
assigns, employees, agents, or 31088
United States and which is owned,
representatives, and Dahua Electronics possessed or controlled by a Denied Order Denying Export Privileges
Corporation, a/k/a Bao An Corporation, Person, or service any item, of whatever
with a last known address of 134–12 On October 15, 2014, in the U.S.
origin, that is owned, possessed or District Court, Middle District of
59th Avenue, Flushing, NY 11355, and controlled by a Denied Person, if such
when acting for or on its behalf, its Georgia, Robert J. Shubert, Sr.
service involves the use of any item (‘‘Shubert’’) was convicted of violating
successors, assigns, directors, officers, subject to the Regulations that has been
employees, agents, or representatives Section 38 of the Arms Export Control
or will be exported from the United Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).
(each ‘‘a Denied Person’’ and States. For purposes of this paragraph,
collectively ‘‘the Denied Persons’’) may Specifically, Shubert was convicted of
servicing means installation, knowingly and willfully exporting, from
not, directly or indirectly, participate in maintenance, repair, modification or
any way in any transaction involving the United States to Japan, Dual Sensor
testing. Night Vision Goggles designated as
any commodity, software or technology Third, in addition to the Related
(hereinafter collectively referred to as defense articles on the United States
Person named above, after notice and Munitions List, without the required
‘‘item’’) exported or to be exported from opportunity for comment as provided in
the United States that is subject to the U.S. Department of State licenses.
section 766.23 of the Regulations, any Shubert was sentenced to 78 months in
Regulations, or in any other activity other individual, firm, corporation, or
subject to the Regulations, including but prison, 36 months of supervised release,
other association or organization or a $15,000 fine, and a $300 assessment.
not limited to: other person related to a Denied Person Section 766.25 of the Export
A. Applying for, obtaining, or using by ownership, control, position of Administration Regulations (‘‘EAR’’ or
any license, license exception, or export responsibility, affiliation, or other ‘‘Regulations’’) 1 provides, in pertinent
control document; connection in the conduct of trade or
B. Carrying on negotiations business may also be made subject to 3 As set forth in Section 766.23(c), the only issues
concerning, or ordering, buying, the provisions of this Order if necessary that may be raised in such an appeal are whether
receiving, using, selling, delivering, to prevent evasion of this Order. the person so named is related to the respondent
storing, disposing of, forwarding, Fourth, in accordance with Part 756 and whether the order is justified in order to
ethrower on DSK3G9T082PROD with NOTICES

prevent evasion. Thus, Dahua may not appeal the
transporting, financing, or otherwise and Section 766.25(g) of the issuance of the denial order against Henry.
servicing in any way, any transaction Regulations, Henry may file an appeal of 1 The Regulations are currently codified in the

involving any item exported or to be the issuance of this Order against him Code of Federal Regulations at 15 CFR parts 730–
exported from the United States that is with the Under Secretary of Commerce 774 (2017). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. 4601–4623
subject to the Regulations, or engaging for Industry and Security. The appeal (Supp. III 2015) (available at http://
in any other activity subject to the must be filed within 45 days from the uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
Regulations; or date of this Order and must comply Continued

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Document Created: 2017-10-05 00:53:28
Document Modified: 2017-10-05 00:53:28
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 46480
DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 192 (October 5, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
