[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Notices]
[Pages 58545-58546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18439]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    On March 30, 2022, in the U.S. District Court for the Northern 
District of Illinois, Tuqiang Xie (``Xie'') was convicted of violating 
section 38 of the Arms Export Control Act (22 U.S.C. 2778) (``AECA''). 
Specifically, Xie was convicted of knowingly and willfully engaging in 
brokering activities involving the People's Republic of China in 
negotiating and arranging purchases, sales, transfers, export, and 
import of a defense article, namely an eyepiece assembly, National 
Stock Number 1240-01-063-1352, without first registering with, and 
obtaining a license or written approval from the U.S. Department of 
State. As a result of his conviction, the Court sentenced Xie to one 
year and one day in prison, one year of supervised release, an 
assessement of $200 and a preliminary order of forfeiture in the amount 
of $200,027.
    Pursuant to section 1760(e) of the Export Control Reform Act 
(``ECRA''), the export privileges of any person who has been convicted 
of certain offenses, including, but not limited to, section 38 of the 
AECA, may be denied for a period of up to ten (10) years from the date 
of his/her conviction. See 50 U.S.C. 4819(e). In addition, any Bureau 
of Industry and Security (``BIS'') licenses or other authorizations 
issued under ECRA, in which the person had an

[[Page 58546]]

interest at the time of the conviction, may be revoked. Id.
    BIS received notice of Xie's conviction for violating section 38 of 
the AECA. BIS provided notice and opportunity for Xie to make a written 
submission to BIS, as provided in section 766.25 of the Export 
Administration Regulations (``EAR'' or the ``Regulations''). 15 CFR 
766.25.\2\ BIS has not received a written submission from Xie.
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    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2022).
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    Based upon my review of the record and consultations with BIS's 
Office of Exporter Services, including its Director, and the facts 
available to BIS, I have decided to deny Xie's export privileges under 
the Regulations for a period of 10 years from the date of Xie's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Xie had an interest at the time of his 
conviction.\3\
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    \3\ The Director, Office of Export Enforcement, is the 
authorizing official for issuance of denial orders, pursuant to 
amendments to the Regulations (85 FR 73411, November 18, 2020).
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    Accordingly, it is hereby ordered:
    First, from the date of this Order until March 30, 2032, Tuqiang 
Xie, with a last known address of 110 Espina, Irvine, CA 92620, 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, reexport, or transfer (in-country) 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, pursuant to section 1760(e) of ECRA (50 U.S.C. 4819(e)) and 
sections 766.23 and 766.25 of the Regulations, any other person, firm, 
corporation, or business organization related to Xie 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, Xie 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 Xie and shall be 
published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until March 30, 2032.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-18439 Filed 8-25-23; 8:45 am]
BILLING CODE 3510-DT-P