83 FR 29542 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 83, Issue 122 (June 25, 2018)

Page Range		29542-29543
FR Document		2018-13542
Federal Register, Volume 83 Issue 122 (Monday, June 25, 2018)
[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Notices]
[Pages 29542-29543]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13542]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Fuyi Sun a/k/a Frank Sun, Inmate Number: 
77362-054, Moshannon Valley Correctional Institution, 555 Geo Drive, 
Philipsburg, PA 16866.

    On August 31, 2017, in the U.S. District Court for the Southern 
District of New York, Fuyi Sun, a/k/a Frank Sun (``Sun''), was 
convicted of violating the International Emergency Economic Powers Act 
(50 U.S.C. 1701, et seq. (2012)) (``IEEPA''). Specifically, Sun 
knowingly and willfully attempted to export and cause to be exported 
from the United States to China Toray type M60JB-3000-50B carbon fiber, 
without the required U.S. Department of Commerce licenses. Sun was 
sentenced to 36 months in prison, with credit for time served 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 
Export Administration Act (``EAA'' or ``the Act''), 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 Act or 
Regulations, in which the person had an interest in 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 (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 has received notice of Sun's conviction for violating the 
IEEPA, and has provided notice and an opportunity for Sun to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Sun.
    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 Sun's export privileges under the Regulations for 
a period of 10 years from the date of Sun's conviction. I have also 
decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Sun

[[Page 29543]]

had an interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until August 31, 2027, Fuyi Sun, 
a/k/a Frank Sun, with a last known address of Inmate Number--77362-054, 
Moshannon Valley Correctional Institution, 555 Geo Drive, Philipsburg, 
PA 16866, and when acting for or on his behalf, his 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 Sun 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, Sun 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 the Sun, and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until August 31, 2027.

    Dated: June 13, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-13542 Filed 6-22-18; 8:45 am]
 BILLING CODE P
29542 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices

permit significantly greater flexibility in and existing Sites 1, 6, 7 and 8 as usage- the required U.S. Department of
the designation of new subzones or driven sites. The ASF allows for the Commerce licenses. Sun was sentenced
‘‘usage-driven’’ FTZ sites for operators/ possible exemption of one magnet site to 36 months in prison, with credit for
users located within a grantee’s ‘‘service from the ‘‘sunset’’ time limits that time served and a $100 assessment.
area’’ in the context of the FTZ Board’s generally apply to sites under the ASF, Section 766.25 of the Export
standard 2,000-acre activation limit for and the applicant proposes that Site 5 Administration Regulations (‘‘EAR’’ or
a zone. The application was submitted be so exempted. No additional ASF ‘‘Regulations’’) 1 provides, in pertinent
pursuant to the Foreign-Trade Zones subzones/usage-driven sites are being part, that ‘‘[t]he Director of the Office of
Act, as amended (19 U.S.C. 81a-81u), requested at this time. The application Exporter Services, in consultation with
and the regulations of the Board (15 CFR would have no impact on FTZ 9’s the Director of the Office of Export
part 400). It was formally docketed on previously authorized subzones. Enforcement, may deny the export
June 18, 2018. In accordance with the FTZ Board’s privileges of any person who has been
FTZ 9 was approved by the FTZ regulations, Christopher Kemp of the convicted of a violation of the EAA
Board on February 15, 1965 (Board FTZ Staff is designated examiner to [Export Administration Act], the EAR,
Order 65, 30 FR 2377, February 20, evaluate and analyze the facts and or any order, license or authorization
1965); relocated on April 16, 1982 information presented in the application issued thereunder; any regulation,
(Board Order 188, 47 FR 18014, April and case record and to report findings license, or order issued under the
27, 1982); and expanded on August 21, and recommendations to the FTZ Board. International Emergency Economic
1987 (Board Order 359, 52 FR 33458, Public comment is invited from Powers Act (50 U.S.C. 1701–1706); 18
September 3, 1987), November 16, 1988 interested parties. Submissions shall be U.S.C. 793, 794 or 798; section 4(b) of
(Board Order 399, 53 FR 47842, addressed to the FTZ Board’s Executive the Internal Security Act of 1950 (50
November 28, 1988), June 9, 1992 Secretary at the address below. The U.S.C. 783(b)), or section 38 of the Arms
(Board Orders 580 and 581, 57 FR closing period for their receipt is August Export Control Act (22 U.S.C. 2778).’’ 15
27020, June 17, 1992), June 19, 1995 24, 2018. Rebuttal comments in CFR 766.25(a); see also Section 11(h) of
(Board Order 751, 60 FR 33187, June 27, response to material submitted during the Export Administration Act (‘‘EAA’’
1995) and September 6, 2006 (Board the foregoing period may be submitted or ‘‘the Act’’), 50 U.S.C. 4610(h). The
Order 1477, 71 FR 54610, September 18, during the subsequent 15-day period to denial of export privileges under this
2006). September 10, 2018. provision may be for a period of up to
The current zone includes the A copy of the application will be 10 years from the date of the conviction.
following sites: Site 1 (17 acres)—Pier 2, available for public inspection at the 15 CFR 766.25(d); see also 50 U.S.C.
521 Ala Moana, Honolulu; Site 2 (1,033 Office of the Executive Secretary, 4610(h). In addition, Section 750.8 of
acres)—James Campbell Industrial Park, Foreign-Trade Zones Board, Room the Regulations states that the Bureau of
Kalaeloa Boulevard and Malakole Street, 21013, U.S. Department of Commerce, Industry and Security’s Office of
Ewa, Oahu; Site 3 (109 acres)—Mililani 1401 Constitution Avenue NW, Exporter Services may revoke any
Technology Park, 100 Kahelu Avenue, Washington, DC 20230–0002, and in the Bureau of Industry and Security (‘‘BIS’’)
Mililani, Oahu; Site 4 (60 acres)—Maui ‘‘Reading Room’’ section of the FTZ licenses previously issued pursuant to
Research & Technology Park, 1300 N. Board’s website, which is accessible via the Act or Regulations, in which the
Holopono Street, Kihei, Maui; Site 5 (31 www.trade.gov/ftz. For further person had an interest in at the time of
acres)—Hilo Industrial Park, 135 information, contact Christopher Kemp his/her conviction.
Operations Street, Hilo, Hawaii; Site 6 at Christopher.Kemp@trade.gov or (202) BIS has received notice of Sun’s
(27 acres)—Hawaii Fueling Facilities 482–0862. conviction for violating the IEEPA, and
Corporation, 3201 Aolele Street, has provided notice and an opportunity
Dated: June 19, 2018.
Honolulu, Oahu; Site 7 (7 acres)— for Sun to make a written submission to
Unicold Corporation, 3140 Ualena Andrew McGilvray, BIS, as provided in Section 766.25 of
Street, Honolulu, Oahu; Site 8 (10 Executive Secretary. the Regulations. BIS has not received a
acres)—Hawaii Convention Center, 1801 [FR Doc. 2018–13538 Filed 6–22–18; 8:45 am] submission from Sun.
Kalakaua Avenue, Honolulu, Oahu; and, BILLING CODE 3510–DS–P Based upon my review and
Site 9 (870 acres)—Natural Energy Lab consultations with BIS’s Office of
of Hawaii Authority, 73–4460 Queen Export Enforcement, including its
Kaahumanu Highway #101, Kailua- DEPARTMENT OF COMMERCE Director, and the facts available to BIS,
Kona, Hawaii. I have decided to deny Sun’s export
The grantee’s proposed service area Bureau of Industry and Security privileges under the Regulations for a
under the ASF would be the City and Order Denying Export Privileges period of 10 years from the date of Sun’s
County of Honolulu, County of Hawaii, conviction. I have also decided to
County of Kauai, and County of Maui, In the Matter of: Fuyi Sun a/k/a Frank Sun, revoke all licenses issued pursuant to
Hawaii, as described in the application. Inmate Number: 77362–054, Moshannon the Act or Regulations in which Sun
If approved, the grantee would be able Valley Correctional Institution, 555 Geo
to serve sites throughout the service area Drive, Philipsburg, PA 16866. 1 The Regulations are currently codified in the

based on companies’ needs for FTZ On August 31, 2017, in the U.S. Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the
designation. The application indicates District Court for the Southern District Export Administration Act (50 U.S.C. 4601–4623
that the proposed service area is within of New York, Fuyi Sun, a/k/a Frank Sun (Supp. III 2015) (available at http://
and adjacent to the Hilo and Kona (‘‘Sun’’), was convicted of violating the uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since
amozie on DSK3GDR082PROD with NOTICES1

International Emergency Economic August 21, 2001, the Act has been in lapse and the
(Hawaii), Kahului and Kihei (Maui), President, through Executive Order 13222 of August
Honolulu (Oahu); and, Nawiliwili-Port Powers Act (50 U.S.C. 1701, et seq. 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
Allen (Kauai) U.S. Customs and Border (2012)) (‘‘IEEPA’’). Specifically, Sun has been extended by successive Presidential
Protection ports of entry. knowingly and willfully attempted to Notices, the most recent being that of August 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
The applicant is requesting authority export and cause to be exported from the Regulations in effect under the International
to reorganize its zone to include existing the United States to China Toray type Emergency Economic Powers Act (50 U.S.C. 1701,
Sites 2, 3, 4, 5 and 9 as ‘‘magnet’’ sites M60JB–3000–50B carbon fiber, without et seq. (2012)).

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Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices 29543

had an interest at the time of his E. Engage in any transaction to service Lemon Juice from Argentina is not
conviction. any item subject to the Regulations that scheduled to be initiated in July 2018;
Accordingly, it is hereby ordered: has been or will be exported from the the error was based on a former
First, from the date of this Order until United States and which is owned, suspension agreement, which was
August 31, 2027, Fuyi Sun, a/k/a Frank possessed or controlled by the Denied superseded by a new agreement on
Sun, with a last known address of Person, or service any item, of whatever October 26, 2016.2 This notice serves to
Inmate Number—77362–054, origin, that is owned, possessed or correct the July 2018 Advance Sunset
Moshannon Valley Correctional controlled by the Denied Person if such Review Notice. There will be no sunset
Institution, 555 Geo Drive, Philipsburg, service involves the use of any item reviews initiated in July 2018, because
PA 16866, and when acting for or on his subject to the Regulations that has been Lemon Juice from Argentina was the
behalf, his successors, assigns, or will be exported from the United only case for which a sunset review was
employees, agents or representatives States. For purposes of this paragraph, scheduled.
(‘‘the Denied Person’’), may not, directly servicing means installation, DATES: Applicable (June 1, 2018).
or indirectly, participate in any way in maintenance, repair, modification or FOR FURTHER INFORMATION CONTACT:
any transaction involving any testing. Brenda E. Brown, Office of AD/CVD
commodity, software or technology Third, after notice and opportunity for Operations, Customs and Liaison Unit,
(hereinafter collectively referred to as comment as provided in Section 766.23 Enforcement and Compliance,
‘‘item’’) exported or to be exported from of the Regulations, any other person, International Trade Administration,
the United States that is subject to the firm, corporation, or business U.S. Department of Commerce, 1401
Regulations, including, but not limited organization related to Sun by Constitution Avenue NW, Washington,
to: ownership, control, position of
A. Applying for, obtaining, or using DC 20230; telephone: (202) 482–4735.
responsibility, affiliation, or other This correction notice of initiation is
any license, license exception, or export connection in the conduct of trade or being published in accordance with
control document; business may also be made subject to
B. Carrying on negotiations section 751(c) of the Act and 19 CFR
the provisions of this Order in order to 351.218 (c).
concerning, or ordering, buying, prevent evasion of this Order.
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of Dated: June 20, 2018.
storing, disposing of, forwarding, the Regulations, Sun may file an appeal James Maeder,
transporting, financing, or otherwise of this Order with the Under Secretary Associate Deputy Assistant Secretary for
servicing in any way, any transaction of Commerce for Industry and Security. Antidumping and Countervailing Duty
involving any item exported or to be The appeal must be filed within 45 days Operations performing the duties of Deputy
exported from the United States that is Assistant Secretary for Antidumping and
from the date of this Order and must
subject to the Regulations, or engaging Countervailing Duty Operations.
comply with the provisions of Part 756
in any other activity subject to the [FR Doc. 2018–13541 Filed 6–22–18; 8:45 am]
of the Regulations.
Regulations; or Fifth, a copy of this Order shall be BILLING CODE 3510–DS–P
C. Benefitting in any way from any delivered to the Sun, and shall be
transaction involving any item exported published in the Federal Register.
or to be exported from the United States DEPARTMENT OF COMMERCE
Sixth, this Order is effective
that is subject to the Regulations, or immediately and shall remain in effect
from any other activity subject to the National Oceanic and Atmospheric
until August 31, 2027. Administration
Regulations.
Second, no person may, directly or Dated: June 13, 2018.
RIN 0648–XG303
indirectly, do any of the following: Karen H. Nies-Vogel,
A. Export or reexport to or on behalf Director, Office of Exporter Services. Caribbean Fishery Management
of the Denied Person any item subject to [FR Doc. 2018–13542 Filed 6–22–18; 8:45 am] Council; Public Meeting
the Regulations; BILLING CODE P
B. Take any action that facilitates the AGENCY: National Marine Fisheries
acquisition or attempted acquisition by Service (NMFS), National Oceanic and
the Denied Person of the ownership, DEPARTMENT OF COMMERCE Atmospheric Administration (NOAA),
possession, or control of any item Commerce.
subject to the Regulations that has been International Trade Administration ACTION: Notice of a public meeting.
or will be exported from the United
States, including financing or other Advance Notification of Sunset SUMMARY: The Caribbean Fishery
support activities related to a Review; Correction Management Council’s (Council)
transaction whereby the Denied Person Scientific and Statistical Committee
AGENCY: Enforcement and Compliance, (SSC) will hold a 3-day meeting in July
acquires or attempts to acquire such International Trade Administration,
ownership, possession or control; to discuss the items contained in the
Department of Commerce. agenda in the SUPPLEMENTARY
C. Take any action to acquire from or
to facilitate the acquisition or attempted Background: On June 1, 2018, the INFORMATION.
acquisition from the Denied Person of Department of Commerce (Commerce) DATES: The meetings will be held from
any item subject to the Regulations that published the July 2018 Advance Sunset Tuesday, July 17, 2018, at 9 a.m.,
has been exported from the United Review Notice,1 in which Commerce through Thursday, July 19, 2018, at 5
amozie on DSK3GDR082PROD with NOTICES1

States; inadvertently listed the initiation of p.m.
D. Obtain from the Denied Person in Lemon Juice from Argentina (A–357–
818) for July 2018. The sunset review of ADDRESSES: The meetings will be held at
the United States any item subject to the
the Courtyard Marriott Isla Verde
Regulations with knowledge or reason 1 See Antidumping or Countervailing Duty Order,
to know that the item will be, or is Finding, or Suspended Investigation; Advance 2 See Lemon Juice from Argentina: Continuation
intended to be, exported from the Notification of Sunset Review, 83 FR 25436 (June of Suspension of Antidumping Investigation, 81 FR
United States; or 1, 2018) (July 2018 Advance Sunset Review Notice). 74395 (October 26, 2016).

VerDate Sep<11>2014 17:58 Jun 22, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\25JNN1.SGM 25JNN1
Document Created: 2018-06-23 02:28:49
Document Modified: 2018-06-23 02:28:49
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		83 FR 29542
83 FR 29542 - Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 83, Issue 122 (June 25, 2018)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
