[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88572-88573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28278]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Tina Chen a/k/a Ya When Chen, a/k/a Wen Tina 
Chen, a/k/a Tina Dunbar, a/k/a Tina Dubner, Inmate Number: 47268-509, 
FMC Carswell, Federal Medical Center, P.O. Box 27137, Fort Worth, TX 
76127; Order Denying Export Privileges

    On February 23, 2023, in the U.S. District Court for the District 
of Nevada, Tina Chen, a/k/a Ya When Chen, a/k/a Wen Tina Chen, a/k/a 
Tina Dunbar, a/k/a Tina Dubner (``Chen''), was convicted of violating 
the International Emergency Economic Powers Act (50 U.S.C 1701, et 
seq.) (``IEEPA''). Specifically, Chen was convicted of exporting goods 
from the United States to Iran without the required licenses from the 
Office of Foreign Assets Control. As a result of her conviction, the 
Court sentenced Chen to 13 months of confinement, three years of 
supervised release, 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, IEEPA, 
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) (Prior Convictions). 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.
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    \1\ ECRA 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.
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    BIS received notice of Chen's conviction for violating IEEPA, and 
has provided notice and opportunity for Chen 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 received and considered a written submission from 
Chen.
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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, including Chen's submission, 
and consultations with BIS's Office of Exporter Services, including its 
Director, and the facts available to BIS, I have decided to deny Chen's 
export privileges under the Regulations for a period of ten years from 
the date of Chen's conviction. The Office of Exporter Services has also 
decided to revoke any BIS-issued licenses in which Chen had an interest 
at the time of her 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 February 23, 2033, Tina 
Chen, a/k/a Ya When Chen, a/k/a Wen Tina Chen, a/k/a Tina Dunbar, a/k/a 
Tina Dubner, with a last known address of Inmate Number: 47268-509, FMC 
Carswell, Federal Medical Center, P.O. Box 27137, Fort Worth, TX 76127, 
and when acting for or on her behalf, her 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 the Export Control Reform Act 
(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 Chen 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, Chen 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

[[Page 88573]]

provisions of part 756 of the Regulations.
    Fifth, a copy of this Order shall be delivered to Chen and shall be 
published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until February 23, 2033.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-28278 Filed 12-21-23; 8:45 am]
BILLING CODE 3510-DT-P