82_FR_46672 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

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 Range46480-46481
FR Document2017-21475

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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)).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \2\ BIS provided notice to Dahua via Henry.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.



                                          VerDate Sep<11>2014   19:52 Oct 04, 2017   Jkt 244001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\05OCN1.SGM    05OCN1


                                                                            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
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 46480 

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