Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices 58545 

1ECRA was enacted on August 13, 2018, as part 

of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019, and as 

amended is codified at 50 U.S.C. 4801–4852. 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2022). 

3The 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). 

the Court sentenced Alexander to 46 

months of imprisonment, three years of 

supervised release, $10,000 criminal 

fine and a $100 assessment. 

Pursuant to Section 1760(e) of the 

Export Control Reform Act (‘‘ECRA’’),1

the export privileges of any person who 

has been convicted of certain offenses, 

including, but not limited to, 18 U.S.C. 

371, may be denied for a period of up 

to ten (10) years from the date of his/her 

conviction. 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 interest at the 

time of the conviction, may be revoked. 

Id. 

BIS received notice of Alexander’s 

conviction for violating 18 U.S.C. 371. 

As provided in Section 766.25 of the 

Export Administration Regulations 

(‘‘EAR’’ or the ‘‘Regulations’’), BIS 

provided notice and opportunity for 

Alexander to make a written submission 

to BIS. 15 CFR 766.25.2 BIS has not 

received a written submission from 

Alexander. 

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 Alexander’s 

export privileges under the Regulations 

for a period of 10 years from the date of 

Alexander’s conviction. The Office of 

Exporter Services has also decided to 

revoke any BIS-issued licenses in which 

Alexander had an interest at the time of 

his conviction.3

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

March 8, 2032, Esteban Andres 

Alexander, with a last known address of 

Inmate Number: 25471–509, FCI El 

Reno, Federal Correctional Institution, 

P.O. Box 1500, El Reno, OK 73036, 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 (incountry) 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 and sections 766.23 and 766.25 of 

the Regulations, any other person, firm, 

corporation, or business organization 

related to Alexander 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, Alexander 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 Alexander and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until March 8, 2032. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2023–18442 Filed 8–25–23; 8:45 am] 

BILLING CODE 3510–DT–P 

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 


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58546 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2022). 

3The 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). 

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. 

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

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 (incountry) 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 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Materials and Equipment Technical 

Advisory Committee; Revised: Notice 

of Partially Closed Meeting 

The Materials and Equipment 

Technical Advisory Committee will 

meet on September 7 and 8, 2023, at 

1:00 p.m., Eastern Daylight Time, at the 

AC Hotel, 1333 Veterans Boulevard, 

South San Francisco, CA 94080. The 

Committee advises the Office of the 

Assistant Secretary for Export 

Administration with respect to technical 

questions that affect the level of export 

controls applicable to transportation 

and related equipment or technology. 

The purpose of the meeting is to have 

Committee members and U.S. 

Government representatives mutually 

review updated technical data and 

policy-driving information that has been 

gathered. 

Agenda 

September 7, 2023–1:00 p.m.–5:00 p.m. 

EST 

Open Session 

1. Opening Remarks and Introduction 

by BIS Senior Management. 

2. Report from working groups. 

3. Report by regime representatives. 

September 8, 2023–1:00 p.m.–5:00 p.m. 

EST 

Closed Session 

4. Discussion of matters determined to 

be exempt from the open meeting and 

public participation requirements found 

in sections 1009(a)(1) and 1009(a)(3) of 

the Federal Advisory Committee Act 

(FACA) (5 U.S.C. 1001–1014). The 

exemption is authorized by section 

1009(d) of the FACA, which permits the 

closure of advisory committee meetings, 

or portions thereof, if the head of the 

agency to which the advisory committee 

reports determines such meetings may 

be closed to the public in accordance 

with subsection (c) of the Government 

in the Sunshine Act (5 U.S.C. 552b(c)). 

In this case, the applicable provisions of 

5 U.S.C. 552b(c) are subsection 

552b(c)(4), which permits closure to 

protect trade secrets and commercial or 

financial information that is privileged 


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