[Federal Register: August 1, 2005 (Volume 70, Number 146)]
[Notices]
[Page 44084-44085]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au05-24]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Wen Enterprises; Ning Wen;
Hailan Lin; Beijing Rich Linscience Electronics Company; Ruo Ling Wang
In the matters of Wen Enterprises, 402 Wild Oak Drive, Manitowoc,
WI 54220; and, Ning Wen, 402 Wild Oak Drive, Manitowoc, WI 54220; and,
Hailin Lin, 402 Wild Oak Drive, Manitowoc, WI 54220; and, Beijing Rich
Linscience Electronics Company, No. 2 Zhong Guan Cun South Avenue,
Cyber Mode Room 1001, Haidian District, Beijing, China 100086,
Respondents, and, Ruo Ling Wang, No. 2 Zhong Guan Cun South Avenue,
Cyber Mode Room 1001, Haidian District, Beijing, China 100086, Related
Party.
Wen Enterprises (``WE''), Ning Wen (``Wen''), Hailin Lin (``Lin''),
Beijing Rich Linscience Electronics Company (``BRLE''), and Ruo Ling
Wang (``Wang'').
Order Renewing Temporary Denial Order and Adding a Related Party
Pursuant to Section 766.24 of the Export Administration Regulations
(``EAR''), the Bureau of Industry and Security (``BIS''), U.S.
Department of Commerce, through its Office of Export Enforcement
(``OEE''), has requested that I renew for 180 days an Order temporarily
denying export privileges of Wen Enterprises (``WE''), 402 Wild Oak
Drive, Manitowoc, WI 54220; Ning Wen (``Wen''), 402 Wild Oak Drive,
Manitowoc, WI 54220; Hailin Lin (``Lin''), 402 Wild Oak Drive,
Manitowoc, WI 54220; and Beijing Rich Linscience Electronics Company
(``BRLE''), No. 2 Zhong Guan Cun South Avenue, Cyber Mode Room 1001,
Haidian District, Beijing, China 100086 (hereinafter collectively
referred to as the ``Respondents''). Additionally, OEE has requested
that I add Ruo Ling Wang, No. 2 Zhong Guan Cun South Avenue, Cyber Mode
Room 1001, Haidian District, Beijing, China 100086, to the Order as a
related party.
On January 31, 2005, I found that evidence presented by BIS
demonstrated that the Respondents conspired to do acts that violated
the EAR and did in fact commit numerous violations of the EAR by
participating in the unlicensed export of national security controlled
items to the People's Republic of China (``PRC''). I further found that
such violations had been significant, deliberate and covert, and were
likely to occur again, especially given the nature of the structure and
relationships of the Respondents.
OEE has presented additional evidence that Lin, Wang, and a co-
owner of BRLE have pled guilty to criminal violations of the EAA,
IEEPA, and EAR for some of the transactions at issue herein. OEE has
further presented evidence that Wang, as co-owner of BRLE, has returned
to the PRC. I now find, based on the continued circumstances that led
to the initial issuance of the order Denying Export Privileges on
January 31, 2005, and on the additional evidence supplied by OEE, that
the renewal of this TDO for a period of 180 days is necessary and in
the public interest, to prevent an imminent violation of the EAR.
Furthermore, I find that the addition of Wang as a related party to
this Order is necessary to prevent the evasion of the Order. All
parties to this TDO have been given notice of the request for renewal
and, in the case of Wang, of the request for the addition of a related
party.
It is therefore ordered:
First, that the Respondents, Wen Enterprises, 402 Wild Oak Drive,
Manitowoc, WI 54220; Ning Wen, 402 Wild Oak Drive, Manitowoc, WI 54220;
Hailin Lin, 402 Wild Oak Drive, Manitowoc, WI 54220; and Beijing Rich
Linscience Electronics Company, No. 2 Zhong Guan Cun South Avenue,
Cyber Mode Room 1001, Haidian District, Beijing, China 100086
(hereinafter collectively referred to as ``Respondents''), and their
successors and assigns and when acting on behalf of any of the
Respondents, their officers, employees, agents or representatives,
(``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 Export
Administration Regulations (``EAR''), or in any other activity subject
to the EAR 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 EAR, or in any other activity
subject to the EAR; 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 EAR, or in any other activity subject to the EAR.
Second, that 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 EAR;
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 EAR 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 EAR that has been exported from the United States.
D. Obtain from the Denied Person in the United States any item
subject to the EAR 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 EAR
that has
[[Page 44085]]
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 is such service involved the use of any item subject to the EAR
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, that, having been provided notice and opportunity for
comment as provided in section 766.23 of the EAR, Ruo Ling Wang, No. 2
Zhong Guan Cun South Avenue, Cyber Mode Room 1001, Haidian District,
Beijing, China 100086 (hereinafter, ``Related Party'') shall be made
subject to the provisions of this Order based on her relationship to
BRLE by affiliation, ownership, control, or position of responsibility
in the conduct of trade or related services.
Fourth, that after notice and opportunity for comment as provided
in section 766.23 of the EAR, any other person, firm, corporation, or
business organization related to any of the Respondents by affiliation,
ownership, control, or position or responsibility in that conduct of
trade or related services may also be made subject to the provisions of
this Order.
Fifth, that this Order does not prohibit any export, reexport, or
other transaction subject to the EAR where the only items involved that
are subject to the EAR are the foreign-produced direct product of U.S.-
origin technology.
In accordance with the provisions of section 766.24(e) of the EAR,
the Respondents may, at any time, appeal this Order by filing a full
written statement in support of the appeal with the Office of the
Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40
South Gay Street, Baltimore, Maryland 21202-4022.
In accordance with the provisions of section 766.23(c) of the EAR,
the Related Party may, at any time, make an appeal related to this
Order by filing a full written statement in support of the appeal with
the Office of the Administrative Law Judge, U.S. Coast Guard ALJ
Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202-4022.
In accordance with the provisions of section 766.24(d) of the EAR,
BIS may seek renewal of this Order by filing a written request not
later than 20 days before the expiration date. The Respondents may
oppose a request to renew this Order by filing a written submission
with the Assistant Secretary for Export Enforcement, which must be
received not later than seven days before the expiration date of the
Order.
A copy of this Order shall be served on the Respondents and the
Related Party, and shall be published in the Federal Register.
This Order is effective on July 31, 2005 and shall remain in effect
for 180 days.
Entered this 26th day of July, 2005.
Wendy Wysong,
Acting Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 05-15140 Filed 7-29-05; 8:45 am]
BILLING CODE 3510-DT-M