[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Notices]
[Pages 19033-19034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8194]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Credit International Trading
Co. Ltd; In the Matter of: Credit International Trading Co, Ltd (11th
Institute), No. 2 Zhong Guan Cun Nan Street, Haidian District, Beijing
100039, People's Republic of China and No 9A Dongtucheng Road, Heping
Street, Chaoyang District, Beijing, People's Republic of China;
Order Making Order Denying Export Privileges of Ruo Ling Wang
Applicable to Related Person Credit International Trading Company
Pursuant to Sections 766.25(h) and 766.23 of the Export
Administration Regulations \1\ (``EAR''), the Bureau of Industry and
Security (``BIS''), U.S. Department of Commerce, through its Office of
Export Enforcement (``OEE''), has requested that I make the Denial
Order that was imposed against the individual Ruo Ling Wang (``Wang'')
on April 18, 2006 (71 Fed. Reg. 23897, April 25, 2006) applicable to
Credit International Trading Co, Ltd (11th Institute), (``Credit
International''), with addresses at: No. 2 Zhong Guan Cun Nan Street,
Haidian District, Beijing 100039, People's Republic of China, and No 9A
Dongtucheng Road, Heping Street, Chaoyang District, Beijing, People's
Republic of China, (hereinafter, the ``Related Person''), as a person
related to Wang.
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\1\ The EAR are currently codified at 15 CFR parts 730-774
(2010).
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Section 766.23 of the EAR provides that ``[i]n order to prevent
evasion, certain types of orders under this part may be made applicable
not only to the respondent, but also to other persons then or
thereafter related to the respondent by ownership, control, position of
responsibility, affiliation, or other connection in the conduct of
trade or business. Orders that may be made applicable to related
persons include those that deny or affect export privileges * * *.'' 15
CFR 766.23(a).
On April 18, 2006, then Director of Office of Exporter Services
issued an Order pursuant to Section 11(h) of the Export Administration
Act of 1979, as amended (currently codified at 50 U.S.C. app.
Sec. Sec. 2401-2420 (2000)) (``Act'') \2\ and Section 766.25 of the
EAR denying the export privileges under the Regulations of Wang for 10
years. The Order was based on Wang's conviction of violating the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.
(2000)) (``IEEPA''). Wang was convicted of knowingly and willfully
making a false statement and concealing a material fact from the Bureau
of Industry Security (``BIS'') and the former U.S. Customs Service.
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\2\ 50 U.S.C. app. Sec. Sec. 2401-2420 (2000). 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 12, 2010 (75 FR 50681 (Aug. 16, 2010)),
has continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq. (2000)).
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BIS has presented evidence that indicates that Credit International
is related to Wang by ownership, control, position of responsibility,
affiliation, or other connection in the conduct of trade or business,
and that it is necessary to add this entity to the Wang Denial Order in
order to avoid evasion of that Order. The basis for naming Credit
International to the Wang Denial Order is that Wang acting for, as, or
on behalf of Credit International, is actively involved in attempting
to procure items for export from the United States.
As provided in Section 766.23 of the EAR, I gave notice to Credit
International that its export privileges under the EAR could be denied
for up to 10 years due to its relationship with Wang and that BIS
believes naming Credit International as a related party to Wang would
be necessary to prevent evasion of a denial order imposed against Wang.
In providing such notice, I gave Credit International an opportunity to
oppose its addition to the Wang Denial Order as a related party. Having
received no submission, I have decided, following consultations with
BIS's Office of Export Enforcement, including its Director, to name
Credit International as a Related Person to the Wang Denial Order,
thereby denying Credit International export privileges for 10 years
from the date of Wang's conviction.
I have also decided to revoke all licenses issued pursuant to the
Act or EAR in which Credit International had an interest at the time of
Wang's conviction. The 10-year denial period will end on May 2, 2015.
Accordingly, it is hereby
Ordered
First, that having been provided notice and opportunity for comment
as provided in Sections 766.25 and 766.23 of the Export Administration
Regulations (the ``Regulations''), the following entity, Credit
International Trading Co., Ltd. (11th Institute) (``Credit
International''), with last known addresses at No. 2 Zhong Guan Cun Nan
Street, Haidian District, Beijing 100039, People's Republic of China,
and No 9A Dongtucheng Road, Heping Street, Chaoyang District, Beijing,
People's Republic of China has been determined to be related to Wang by
affiliation, ownership, control, or position of responsibility in the
conduct of trade or related services, and it has been deemed necessary
to make the Order denying the export privileges of Wang applicable to
Credit International in order to prevent evasion of the Wang Denial
Order.
Second, that the denial of export privileges described in the Wang
Denial Order, which was published in the Federal Register on April 25,
2006 at 71 FR 23896, shall be made applicable to Credit International
until its expiration on May 2, 2015, as follows:
I. Credit International, with last known addresses at No. 2 Zhong
Guan Cun Nan Street, Haidian District, Beijing 100039, People's
Republic of China, and No 9A Dongtucheng Road, Heping Street, Chaoyang
District, Beijing, People's Republic of China, and when
[[Page 19034]]
acting for or on behalf of Credit International, its representatives,
agents, officers or employees (collectively, ``Related Person'') may
not participate, directly or indirectly, 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 in any other
activity subject to the Regulations; or
C. Benefiting 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 in any other activity subject to the Regulations.
II. No person may, directly or indirectly, do any of the following:
A. Export or reexport to or on behalf of the Related Person any
item subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Related 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 Related 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 Related Person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from the Related 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 Related Person, or
service any item, of whatever origin, that is owned, possessed or
controlled by the Related 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, that in accordance with the provisions of Section 766.23(c)
of the Regulations, the Related Person 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.
Fourth, that this Order does not prohibit any export, reexport, or
other transaction subject to the Regulations where the only items
involved that are subject to the Regulations are the foreign-produced
direct product of U.S.-origin technology.
Fifth, that this Order is effective immediately and shall remain in
effect until May 2, 2015.
Sixth, that this Order shall be published in the Federal Register
and a copy served on the Related Person.
Issued this 30 day of March 2011.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2011-8194 Filed 4-5-11; 8:45 am]
BILLING CODE 3510-DT-P